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 II

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 II
1994 Atlanta, Ga. Printed on Recycled Paper

1574

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, March 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 Tim Smith, Associate Pastor, Tabernacle Baptist Church, Cartersville, 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 1990. By Representatives Moore of the 113th, Williams of the 114th, Harris of the 112th and Bargeron of the 120th: A bill to provide for a supplement to the compensation, expenses, allowances, and supplements of the sheriff of Columbia County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1991. By Representatives Dobbs of the 92nd and Colwell of the 7th: A bill to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state competitive bidding, so as to provide for negotiated contracts with cooperative hospital services organizations.
Referred to the Committee on State Institutions & Property.

WEDNESDAY, MARCH 2, 1994

1575

HB 1992. By Representative White of the 161st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide that a synopsis of general laws enacted by the General Assembly shall be distributed to certain newspapers.
Referred to the Committee on Rules.

HB 1993. By Representative White of the 161st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of the General Assembly, so as to provide for legislative declaration; to provide that all bills and resolutions introduced in the General Assembly shall be written in plain English.
Referred to the Committee on Rules.

HB 1994. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1995. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relating to the salary of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1996. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1997. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the provisions relating to the salary of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1998. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to increase the salary of the clerk of the Superior Court of Clayton County.
Referred to the Committee on State Planning & Community Affairs - Local.

1576

JOURNAL OF THE HOUSE,

HB 1999. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2000. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2001. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act entitled "An Act changing the composition and manner of selection of the Board of Education of Clayton County," so as to change the compensation of the chairperson and members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2002. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2003. By Representatives Bailey of the 93rd, Buckner of the 95th, Johnson of the 97th, Benefield of the 96th and Lee of the 94th:
A bill to establish a civil service system for the employees of Clayton County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2004. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to the compensation of the chairman.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2005. By Representative Twiggs of the 8th:
A bill to amend an Act creating the Clayton-Rabun County Water and Sewer Authority, so as to change the provisions relating to the financing of projects.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 2, 1994

1577

HB 2006. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to revise the residency requirement for persons qualifying for election as a member of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2007. By Representatives Johnson of the 148th, Stancil of the 91st, Towery of the 30th, Bunn of the 74th and Randolph of the 72nd:
A bill to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of Part 2 of Article 10 of Chapter 6 of Title 40, known as the "Handicapped Parking Law," so as to change the provisions relating to the qualifications of people who may be appointed to enforce such law.
Referred to the Committee on Motor Vehicles.

HB 2008. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act establishing a system of public schools in the City of Americus, so as to provide for the funding of such schools for fiscal year 1995.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 2009. By Representatives Connell of the 115th, Hart of the 116th and Howard of the 118th:
A bill to amend Code Section 3-5-83 of the Official Code of Georgia Annotated, relating to use of excess tax revenues, so as to change the population brackets to provide that excess tax revenues in counties with a population of not less than 185,000 nor more than 195,000 shall be used for the construction of a coliseum or civic center.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1063. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Smith of the 102nd and others:
A resolution creating the House Study Committee on combining Columbus Technical Institute and Columbus College.
Referred to the Committee on University System of Georgia.

HR 1064. By Representatives Taylor of the 134th, Hugley of the 133rd, Culbreth of the 132nd, Buck of the 135th and Smyre of the 136th:
A resolution urging the State of Georgia to take action to refund certain income taxes collected from federal retirees residing in the State of Georgia.
Referred to the Committee on Ways & Means.

1578

JOURNAL OF THE HOUSE,

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

HB 1982

HB 1983

HB 1984

HB 1985

HB 1986

HB 1987

rlJb lyoo

HGso..RH 19^48d89o

CD

CIO

CD

OG

SB 552 SB 608

SB 616

SB 642

SB 648

SB 651

SB 657

SB 673

SB 680

SB 694

SB 696

SB 702

go YQQ

cbQBoD "77Tf0Hl5cK

OD

' OD

O.R
'5'-*

707
'"'

SO.BR 77n08

SR 456

SR 517

SR 531

SR 547

SR 548

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

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 401 Do Not Pass
Respectfully submitted, /s/ Birdsong of the 123rd
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 601 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Harris of the 112th District, Vice-Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

WEDNESDAY, MARCH 2, 1994

1579

SB 416 Do Pass, by Substitute SB 518 Do Pass, by Substitute SB 574 Do Pass, by Substitute

Respectfully submitted, /s/Harris of the 112th
Vice-Chairman

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

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SR 500 Do Pass SR 548 Do Pass
Respectfully submitted, /s/ Colwell of the 7th
Chairman

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

Mr. Speaker:

Your Committee on State Planning & Community Affairs - 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 1870 Do Pass HB 1946 Do Pass HB 1948 Do Pass HB 1949 Do Pass HB 1952 Do Pass HB 1953 Do Pass HB 1954 Do Pass, by Substitute HB 1955 Do Pass, by Substitute HB 1956 Do Pass, by Substitute HB 1957 Do Pass
HB 1958 Do Pass
HB 1959 Do Pass
HB 1960 Do Pass
HB 1961 Do Pass

HB 1962 Do Pass HB 1963 Do Pass HB 1964 Do Pass HB 1965 Do Pass HB 1966 Do Pass HB 1967 Do Pass TTTJ , Qca n Pooo
"*? P ?ass 1969 ^o Pass HB 1974 Do Pass
HB 1975 Do Pass
HB 1977 Do Pass
HB 1980 Do Pass
SB 500 Do Pass

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

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 2, 1994
Mr. Speaker and Members of the House:

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JOURNAL OF THE HOUSE,

The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below:

HB 533 HB 537 HB 1185 HB 1270 HB 1334 HB 1422 HB 1458 HB 1503 HB 1516 HB 1567 HB 1654 HB 1710 HB 1762 HB 1784 HB 1798 HB 1813 HB 1860 HB 1886 HB 1892 HB 1936 HB 1950

Contributing to delinquency of minor; violent crimes; penalties Physicians' assistants; duties and functions Tuition equalization grants; approved school; definition Lead Poisoning Prevention Act of 1994; enact Dangerous drug; nitrous oxide; exception Municipal elections; poll workers; appointment Maps & plats; recordation; specifications Lottery; ticket sales by machine; limitation Local boards of education; certain actions; majority vote Reversion of realty; change time period Aircraft; ad val tax; return where functionally located Sup ct clerks, probate ct judges, sheriffs, tax coll; min salaries Sales tax; off-road forestry equipment; exemption County jails; place of confinement; convicted felon Peanut; designate official state crop Foreign limited liability partnership; provisions Hearing aid dealers and dispensers; continuing education Law Enforcement Integrity Act; inact Torts; certain resident physicians; immunity Sports Hall of Fame Bd; nonprofit corporation statutes; applicability Education; media costs; prohibit certain expenditures

HR 943 Hlth care serv; cert contracts; Gen Assembly authorize - CA HR 1003 Barrow County; lease property HR 1037 Reginald Trice Parkway; designate

ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE.

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /a/ 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 1870. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and revenues for Upson County, so as to reapportion the board of commissioners; to provide new commissioner districts.

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

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 superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.

WEDNESDAY, MARCH 2, 1994

1581

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

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 chairperson and commissioners of the Sumter County Board of Commissioners.

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

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.

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

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 provisions relative to the compensation and benefits of the sheriff.

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

HB 1954.

By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County, so as to change the provisions relative to the compensation and benefits of the judge of the probate court.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2727), as amended, so as to change the provisions relative to the compensation and benefits of the judge of the probate court; 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. An Act providing an annual salary for the Judge of the Probate Court of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2727), as amended, is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The judge of the probate court shall receive an annual base salary of $37,711.88, which amount shall include any compensation received pursuant to Code Section 15-9-64 of the O.C.G.A. If the judge of the probate court assumes any additional duties authorized by general law which the judge of the probate court is not performing

1582

JOURNAL OF THE HOUSE,

on the effective date of this subsection, the judge of the probate court shall be entitled to additional compensation for such duties as authorized by general law. If the judge of the probate court ceases to perform the duties authorized under Code Section 15-9-64 of the O.C.G.A. which the judge of the probate court is performing on the effective date of this subsection, the annual base salary of the judge of the probate court shall be reduced by the amount of compensation which a judge is no longer entitled to as a result of not performing such duties.
(b) (1) On and after the effective date of this subsection, when the governing authority of Twiggs County grants a cost-of-living increase in or salary adjustment to the compensation of county employees, the base salary of the judge of the probate court provided in subsection (a) of this section plus any previous increases which have been received by the judge of the probate court under this paragraph after such effective date of this paragraph shall be increased by the average percentage by which the compensation of county employees is increased.
(2) The judge of the Probate Court of Twiggs County shall also receive a cost-ofliving adjustment of 5 percent of the amount of the latest salary of the judge of the probate court calculated under subsection (a) of this section and paragraph (1) of this subsection for each four-year term of office served by such judge of the probate court, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term in which the judge of the probate court is serving on July 1, 1994, shall be counted for determining the appropriate salary under this section. The increases in salary authorized under this paragraph shall only apply to five consecutive four-year terms of office.
(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, whenever a different person assumes the office of judge of the probate court, such newly elected or appointed judge of the probate court shall only receive the salary provided for in subsection (a) of this section and shall not be entitled to any increases in salary which have previously occurred pursuant to paragraphs (1) and (2) of this subsection; provided, however, that such newly elected or appointed judge of the probate court shall be entitled to any increases in salary authorized under paragraphs (1) and (2) of this subsection which occur after such person assumes office.
(4) The salary of the judge of the probate court shall be paid in equal monthly installments from the funds of Twiggs County.
(c) In addition to the compensation of the judge of the probate court provided for in other subsections of this section and in addition to any compensation or expenses provided for in subsection (d) of this section or in Sections 4, 5, and 6 of this Act, the judge of the probate court shall receive an expense allowance of $300.00 per annum payable from the funds of Twiggs County. Such expense allowance shall be paid by the governing authority of Twiggs County to the judge of the probate court at such times and in such amounts as may be requested by said officer.
(d) The judge of the probate court shall be reimbursed for actual and necessary expenses incurred by said officer in carrying out said officer's official duties outside the county, including attendance at seminars or other training meetings for county officials. When the personal automobile of the judge of the probate court is used by said officer in traveling on official business outside the county, said officer shall be reimbursed for travel expenses at the rate of 24it per mile. All expenses provided for in this subsection shall be paid from the funds of Twiggs County.
(e) In addition to the compensation of the judge of the probate court provided in this Act, that judge shall receive as additional compensation the same employment benefits which are now or hereafter authorized to be provided to members of the governing authority of Twiggs County and their dependents and beneficiaries under Code Section 36-1-11.1 of the O.C.G.A. and which are actually offered to such members and their dependents and beneficiaries as well as any paid holidays, vacation, and sick leave on the same basis as such benefits are provided to members or employees, respectively, of the governing authority of Twiggs County. The costs for such employment benefits, holidays, and leave shall be paid by the governing authority of Twiggs County from the funds of that county."

WEDNESDAY, MARCH 2, 1994

1583

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

HB 1955.

By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the clerk of the Superior Court of Twiggs County, so as to change the provisions relating to the compensation and benefits of the clerk.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing an annual salary for the clerk of the Superior Court of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2724), as amended, so as to change the provisions relating to the compensation and benefits of the clerk; 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. An Act providing an annual salary for the clerk of the Superior Court of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2724), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows:
"Section 2. (a) The clerk of the superior court shall receive an annual base salary of $37,711.88, which amount shall include any compensation received pursuant to Code Section 15-6-89 of the O.C.G.A. If the clerk of the superior court assumes any additional duties authorized by general law which the clerk of the superior court is not performing on the effective date of this subsection, the clerk of the superior court shall be entitled to additional compensation for such duties as authorized by general law. If the clerk of the superior court ceases to perform any duties under Code Section 15-6-89 of the O.C.G.A. which the clerk of the superior court is performing on the effective date of this subsection, the annual base salary of the clerk of the superior court shall be reduced by the amount of compensation which a clerk is no longer entitled to as a result of not performing such duties.
(b) (1) On and after the effective date of this subsection, when the governing authority of Twiggs County grants a cost-of-living increase in or salary adjustment to the compensation of county employees, the base salary of the clerk of the superior court provided in subsection (a) of this section plus any previous increases which have been received by the clerk of the superior court under this paragraph after such effective date of this paragraph shall be increased by the average percentage by which the compensation of county employees is increased.
(2) The clerk of the Superior Court of Twiggs County shall also receive a cost-ofliving adjustment of 5 percent of the amount of the latest salary of the clerk of the superior court calculated under subsection (a) of this section and paragraph (1) of this subsection for each four-year term of office served by such clerk of the superior court, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term in which the clerk of the superior court is serving on July 1, 1994, shall be counted for determining the appropriate salary under this section. The increases in salary authorized under this paragraph shall only apply to five consecutive four-year terms of office.

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JOURNAL OF THE HOUSE,

(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, whenever a different person assumes the office of clerk of the superior court, such newly elected or appointed clerk shall only receive the salary provided for in subsection (a) of this section and shall not be entitled to any increases in salary which have previously occurred pursuant to paragraphs (1) and (2) of this subsection; provided, however, that such newly elected or appointed clerk of the superior court shall be entitled to any increases in salary authorized under paragraphs (1) and (2) of this subsection which occur after such person assumes office.
(4) The salary of the clerk of the superior court shall be paid in equal monthly installments from the funds of Twiggs County. (c) In addition to the compensation of the clerk of the superior court provided for in other subsections of this section and in addition to any compensation or expenses provided for in subsection (d) of this section or in Sections 4, 5, and 6 of this Act, the clerk shall receive an expense allowance of $300.00 per annum payable from the funds of Twiggs County. Such expense allowance shall be paid by the governing authority of Twiggs County to the clerk at such times and in such amounts as may be requested by said officer. (d) The clerk of the superior court shall be reimbursed for actual and necessary expenses incurred by said officer in carrying out said officer's official duties outside the county, including attendance at seminars or other training meetings for county officials. When the personal automobile of the clerk is used by said officer in traveling on official business outside the county, said officer shall be reimbursed for travel expenses at the rate of 24$ per mile. All expenses provided for in this subsection shall be paid from the funds of Twiggs County. (e) In addition to the compensation of the clerk provided in this Act, the clerk shall receive as additional compensation the same employment benefits which are now or hereafter authorized to be provided to members of the governing authority of Twiggs County and their dependents and beneficiaries under Code Section 36-1-11.1 of the O.C.G.A. and which are actually offered to such members and their dependents and beneficiaries as well as any paid holidays, vacation, and sick leave on the same basis as such benefits are provided to members or employees, respectively, of the governing authority of Twiggs County. The costs for such employment benefits, holidays, and leave shall be paid by the governing authority of Twiggs County from the funds of that county."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

HB 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 compensation and benefits of the tax commissioner.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing an annual salary for the Tax Commissioner of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2724), as amended, so as to change the provisions relative to the compensation and benefits of the tax commissioner; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 2, 1994

1585

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing an annual salary for the Tax Commissioner of Twiggs County, approved February 18, 1977 (Ga. L. 1977, p. 2724), as amended, is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The tax commissioner shall receive an annual base salary of $37,711.88, which amount shall include any compensation received pursuant to general law. If the tax commissioner assumes any additional duties authorized by general law which the tax commissioner is not performing on the effective date of this subsection, the tax commissioner shall be entitled to additional compensation for such duties as authorized by general law. If the tax commissioner ceases to perform any duties authorized under general law which the tax commissioner is performing on the effective date of this subsection, the annual base salary of the tax commissioner shall be reduced by the amount of compensation which a tax commissioner is no longer entitled to as a result of not performing such duties.
(b) (1) On and after the effective date of this subsection, when the governing authority of Twiggs County grants a cost-of-living increase in or salary adjustment to the compensation of county employees, the base salary of the tax commissioner provided in subsection (a) of this section plus any previous increases which have been received by the tax commissioner under this paragraph after such effective date of this paragraph shall be increased by the average percentage by which the compensation of county employees is increased.
(2) The tax commissioner of Twiggs County shall also receive a cost-of-living
adjustment of 5 percent of the amount of the latest salary of the tax commissioner calculated under subsection (a) of this section and paragraph (1) of this subsection for
each four-year term of office served by such tax commissioner, figured at the end of each such period of service. The increase shall not have retroactive effect, except that
the term in which the tax commissioner is serving on July 1, 1994, shall be counted for determining the appropriate salary under this section. The increases in salary
authorized under this paragraph shall only apply to five consecutive four-year terms of office.
(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, whenever a different person assumes the office of tax commissioner, such newly
elected or appointed tax commissioner shall only receive the salary provided for in
subsection (a) of this section and shall not be entitled to any increases in salary which have previously occurred pursuant to paragraphs (1) and (2) of this subsection; pro-
vided, however, that such newly elected or appointed tax commissioner shall be entitled to any increases in salary authorized under paragraphs (1) and (2) of this
subsection which occur after such person assumes office. (4) The salary of the tax commissioner shall be paid in equal monthly installments
from the funds of Twiggs County. (c) In addition to the compensation of the tax commissioner provided for in other
subsections of this section and in addition to any compensation or expenses provided for
in subsection (d) of this section or in Sections 4, 5, and 6 of this Act, the tax commissioner shall receive an expense allowance of $300.00 per annum payable from the funds
of Twiggs County. Such expense allowance shall be paid by the governing authority of Twiggs County to the tax commissioner at such times and in such amounts as may be requested by said officer.
(d) The tax commissioner shall be reimbursed for actual and necessary expenses
incurred by said officer in carrying out said officer's official duties outside the county, including attendance at seminars or other training meetings for county officials. When
the personal automobile of the tax commissioner is used by said officer in traveling on official business outside the county, said officer shall be reimbursed for travel expenses
at the rate of 24$ per mile. All expenses provided for in this subsection shall be paid from the funds of Twiggs County.
(e) In addition to the compensation of the tax commissioner provided in this Act, the tax commissioner shall receive as additional compensation the same employment bene-
fits which are now or hereafter authorized to be provided to members of the governing

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authority of Twiggs County and their dependents and beneficiaries under Code Section 36-1-11.1 of the O.C.G.A. and which are actually offered to such members and their dependents and beneficiaries as well as any paid holidays, vacation, and sick leave on the same basis as such benefits are provided to members or employees, respectively, of the governing authority of Twiggs County. The costs for such employment benefits, holidays, and leave shall be paid by the governing authority of Twiggs County from the funds of that county."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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.

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

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.

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

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 provisions relating to certification and appointment upon occurrence of a vacancy; to change the provisions relating to demotions.

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

HB 1965. By Representative Hughes of the 19th: A bill to provide a new charter for the Town of Clermont.

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

WEDNESDAY, MARCH 2, 1994

1587

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 Education of Cherokee County, so as to change certain provisions relating to the per diem received by members of the board.

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

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.

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

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 circuit.

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

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.

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

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 commissioner districts.

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

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.

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

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JOURNAL OF THE HOUSE,

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 population 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.

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

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.

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

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.

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

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 ending 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.

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

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.

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

WEDNESDAY, MARCH 2, 1994

1589

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.

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

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.

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

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 disability income and including the income of all members of the family residing within said homestead.

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

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 District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, in the amount of $20,000.00 of the assessed value of the homestead 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.

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

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.

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JOURNAL OF THE HOUSE,

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

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

Y Colwell Y Connell YCox Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix
Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps E 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 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 Y Jones Y Joyce YKaye
Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee
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 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 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 Y Vaughan
Walker Y Wall
Y Watson 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 156, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

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

SB 713. By Senator Boshears of the 6th:
A bill to amend an Act establishing the State Court of Pierce County, as amended, so as to change the compensation of the judge and solicitor of the state court; to provide an effective date.

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.

WEDNESDAY, MARCH 2, 1994

1591

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.
SB 637. By Senator Oliver of the 42nd:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees in frivolous actions, so as to provide that a motion for attorney's fees may be made at any time during the course of the action.
SB 645. By Senators Robinson of the 16th, Ray of the 19th, Edge of the 28th and Oliver of the 42nd:
A bill to repeal certain obsolete and superseded laws and provisions of the Official Code of Georgia Annotated, based upon classification by population; to provide for legislative intent; to repeal codified and uncodified laws; to amend Code provisions to strike cross-references to repealed laws.
SB 659. By Senators Baugh of the 25th and Kemp of the 3rd:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to duties of tax receivers, so as to provide for certifications of tax digests.
SB 668. By Senators Dean of the 31st and Ray of the 19th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, so as to provide for minutes of meetings of county governing authorities; to provide that certain documents may be incorporated by reference; to provide an effective date.
SB 669. By Senators Dean of the 31st and Ray of the 19th:
A bill to amend Code Section 43-13-13 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 14 of Title 43 concerning the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that said Chapter 14 of Title 43 shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system.
SB 698. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Code Section 12-8-94 of the Official Code of Georgia Annotated, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, so as to authorize the director to request the Georgia State Financing and Investment Commission for the issuance of public debt to fund activities to correct hazardous waste sites; to provide that any moneys recovered from responsible persons shall be applied to reduce such indebtedness.
SB 704. By Senators Walker of the 22nd and Brown of the 26th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of intent; to define certain terms; to provide that genetic testing shall be conducted for certain purposes only; to provide that information derived from genetic testing is confidential and privileged; to prohibit genetic testing without the consent of the individual; to prohibit release of the results of genetic testing without specific consent of the person tested.

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JOURNAL OF THE HOUSE,

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

SR 546. By Senators Boshears of the 6th and Kemp of the 3rd:
A resolution proposing an amendment to the Constitution so as to authorize the state to incur debt to fund activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where corrective action is necessary to mitigate a present or future danger to human health or the environment; to provide for the submission of this amendment for ratification or rejection.

The Senate has agreed to the House substitute to the following Bill of 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 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.

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

SB 437. By Senators Clay of the 37th, Newbill of the 56th, Guhl of the 45th and Crotts of the 17th:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions used in the "Georgia Lottery for Education Act," so as to redefine educational purposes and programs to include the attendance of institutions which provide continuing education services to persons who were or would have been eligible for special education.

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

SR 522. By Senators Isakson of the 21st, Ragan of the 32nd, Clay of the 37th and Thompson of the 33rd:
A resolution designating the Walter Kelly, Jr., Bridge.

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

SB 591. By Senators Gochenour of the 27th, McGuire of the 30th, Glanton of the 34th and Day of the 48th:
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 provide for issuance of a housing affordability impact note for any legislation or rule that affects the cost of constructing, purchasing, owning, or selling a residential unit of housing; to provide for contents and requirements for such housing affordability impact notes.

WEDNESDAY, MARCH 2, 1994

1593

SB 661. By Senators Cheeks of the 23rd, Pollard of the 24th, Hill of the 4th, Edge of the 28th, Ray of the 19th and others:
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 Fiscal Act"; to provide procedures for the introduction, consideration, and passage of bills imposing unfunded costs on counties, municipalities, or school boards or any combination thereof or bills reducing sources of revenue for counties, municipalities, or school boards or any combination thereof.

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

SR 561. By Senator Blitch of the 7th: A resolution designating the Robert Lee Patten II Probation Boot Camp.

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

SB 710. By Senators Perdue of the 18th and Hill of the 4th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to provide that no program or project started with lottery proceeds shall be continued with funds from the general fund.

SB 711. By Senators Perdue of the 18th and Hill of the 4th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, 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 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th, Burton of the 5th, Ragan of the 32nd and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.

The Senate insists on its substitute to the following 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 possession shall be issued after the expiration of ten days.

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

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JOURNAL OF THE HOUSE,

SB 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.
Referred to the Committee on Education.

SB 437. By Senators Clay of the 37th, Newbill of the 56th, Guhl of the 45th and others:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions used in the "Georgia Lottery for Education Act," so as to redefine educational purposes and programs to include the attendance of institutions which provide continuing education services to persons who were or would have been eligible for special education.
Referred to the Committee on Industry.

SB 591. By Senators Gochenour of the 27th, McGuire of the 30th, Glanton of the 34th and others:
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 provide for issuance of a housing affordability impact note for any legislation or rule that affects the cost of constructing, purchasing, owning, or selling a residential unit of housing; to provide for contents and requirements for such housing affordability impact notes.
Referred to the Committee on Appropriations.

SB 637. By Senator Oliver of the 42nd:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees in frivolous actions, so as to provide that a motion for attorney's fees may be made at any time during the course of the action.
Referred to the Committee on Judiciary.

SB 645. By Senators Robinson of the 16th, Ray of the 19th, Edge of the 28th and others:
A bill to repeal certain obsolete and superseded laws and provisions of the Official Code of Georgia Annotated, based upon classification by population; to provide for legislative intent; to repeal codified and uncodified laws; to amend Code provisions to strike cross-references to repealed laws.
Referred to the Committee on Judiciary.

SB 659. By Senators Baugh of the 25th and Kemp of the 3rd:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to duties of tax receivers, so as to provide for certifications of tax digests.
Referred to the Committee on Ways & Means.

WEDNESDAY, MARCH 2, 1994

1595

SB 661. By Senators Cheeks of the 23rd, Pollard of the 24th, Hill of the 4th and others:
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 Fiscal Act"; to provide procedures for the introduction, consideration, and passage of bills imposing unfunded costs on counties, municipalities, or school boards or any combination thereof or bills reducing sources of revenue for counties, municipalities, or school boards or any combination thereof.
Referred to the Committee on Rules.

SB 668. By Senators Dean of the 31st and Ray of the 19th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, so as to provide for minutes of meetings of county governing authorities; to provide that certain documents may be incorporated by reference; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

SB 669. By Senators Dean of the 31st and Ray of the 19th:
A bill to amend Code Section 43-13-13 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 14 of Title 43 concerning the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that said Chapter 14 of Title 43 shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system.
Referred to the Committee on Industry.

SB 698. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Code Section 12-8-94 of the Official Code of Georgia Annotated, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, so as to authorize the director to request the Georgia State Financing and Investment Commission for the issuance of public debt to fund activities to correct hazardous waste sites; to provide that any moneys recovered from responsible persons shall be applied to reduce such indebtedness.
Referred to the Committee on Natural Resources & Environment.

SB 704. By Senators Walker of the 22nd and Brown of the 26th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of intent; to define certain terms; to provide that genetic testing shall be conducted for certain purposes only; to provide that information derived from genetic testing is confidential and privileged; to prohibit genetic testing without the consent of the individual; to prohibit release of the results of genetic testing without specific consent of the person tested.
Referred to the Committee on Health & Ecology.

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JOURNAL OF THE HOUSE,

SB 710. By Senators Perdue of the 18th and Hill of the 4th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to provide that no program or project started with lottery proceeds shall be continued with funds from the general fund.
Referred to the Committee on Education.

SB 711. By Senators Perdue of the 18th and Hill of the 4th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, 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 713. By Senator Boshears of the 6th:
A bill to amend an Act establishing the State Court of Pierce County, as amended, so as to change the compensation of the judge and solicitor of the state court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 522. By Senators Isakson of the 21st, Ragan of the 32nd, Clay of the 37th and others:
A resolution designating the Walter Kelly, Jr., Bridge.
Referred to the Committee on Transportation.

SR 546. By Senators Boshears of the 6th and Kemp of the 3rd:
A resolution proposing an amendment to the Constitution so as to authorize the state to incur debt to fund activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where corrective action is necessary to mitigate a present or future danger to human health or the environment; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Natural Resources & Environment.

SR 561. By Senator Blitch of the 7th: A resolution designating the Robert Lee Patten II Probation Boot Camp.
Referred to the Committee on State Institutions & Property.

Pursuant to Rule 58, Representative Teper of the 61st served notice that at the proper time he would move to instruct the Committee on Legislative and Congressional Reapportionment to report the following Bill of the House back to the House:

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 congressional districts of Georgia.

WEDNESDAY, MARCH 2, 1994

1597

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

HR 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.

By unanimous consent, all House Bills and Resolutions were ordered immediately transmitted to the Senate.

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

HB 533. By Representatives Stanley of the 50th, Davis of the 48th, Martin of the 47th, Randall of the 127th and Stanley of the 49th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and morals, so as to provide penalties for contributing to the delinquency of a minor by soliciting, coercing, intimidating, or conspiring with a minor to commit a violent crime.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and morals, so as to provide penalties for contributing to the delinquency of a minor by soliciting, coercing, intimidating, or conspiring with a minor to commit a violent crime; to provide a definition; to provide for editorial revision; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and morals, is amended by striking Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, and inserting in its place a new Code Section 16-12-1 to read as follows:
"16-12-1. (a) As used in this Code section, the term: (1) 'Delinquent act' means a delinquent act as defined in Code Section 15-11-2. (2) 'Felony' means any act which constitutes a felony under the laws of this state,
the laws of any other state of the United States, or the laws of the United States. (3) 'Minor' means any individual who is under the age of 17 years or any individ-
ual under the age of 18 years who is alleged to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings. (b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation of a minor when such person:
(1) He knowingly Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act as such is defined in Code Section 15-11-2, relating to juvenile proceedings;

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(2) He knowingly Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; Of
(3) He willfully Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; r
(4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or
(5) Knowingly and willfully provides to a minor any weapon as defined in subsection (b) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult. (c) It shall not be a defense to the offense provided for in this Code section that the minor has not been formally adjudged to have committed a delinquent act or has not been found to be unruly or deprived. (d) A person convicted ef the offcnsc ef contributing te the delinquency, unrulincsa, r deprivation ef a minor pursuant to paragraph (1), (2), or (3) of subsection (b) of this Code section shall be punished as follows:
(1) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned;
(2) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than one year, or both fined and imprisoned; and
(3) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than three years, or both fined and imprisoned. (e) A person convicted pursuant to paragraph (4) or (5) of subsection (b) of this Code section shall be guilty of a felony and punished as follows:
(1) Upon conviction of the first offense, the defendant shall be imprisoned for not less than one nor more than five years; and
(2) Upon conviction of the second or subsequent offense, the defendant shall be imprisoned for not less than three years nor more than 20 years."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Johnson of the 153rd moves to amend the Committee substitute to HB 533 as follows:
On page 3, between lines 5 & 6, add new subsection (6):
"(6) Is the parent or legal guardian of a minor as defined in paragraph (3) of subsection (a) of this Code section and such parent or legal guardian fails to exercise reasonable care, supervision, protection, and control over such parent's or legal guardian's minor child."

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

WEDNESDAY, MARCH 2, 1994

1599

Ashe Y Atkins N Bailey N Baker N Bannister
N Barfoot Y Bargeron N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T
N Brown NBuck
N Buckner
Y Bunn Y Burkhalter
N Byrd Y Campbell
N Canty N Carlisle N Carrell Y Carter Y Cauthorn N Chambless
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 Y Cummings N Davis, G N Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S N Dobbs Y Ehrhart N Epps E 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 NHart N Heard N Hegstrom Y Hembree N Henson N Holland N Holmes

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

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

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

On the adoption of the amendment, the ayes were 53, nays 108. The amendment was lost.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the 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
Chandler Y Channell Y Childers Y Clark
Coker Y Coleman, B Y Coleman, T Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Y Dickinson YDix 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
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 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 Y Martin
Y McBee Y McClinton N 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 E Parham
Parrish
Y Patten

1600

JOURNAL OF THE HOUSE,

Y Pelote 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

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 Y 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, by substitute, the ayes were 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The report of the Committee, which was favorable to the 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 Y Breedlove
Brooks, D Y Brooks, T
Brown Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle
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 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 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 Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton 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
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 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
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 155, nays 0. The Bill, having received the requisite constitutional majority, was

WEDNESDAY, MARCH 2, 1994

1601

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.

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 109, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

Representative Holland of the 157th would like to be recorded as voting "aye" on HB 1798.

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 Annotated, relating to the return of certain personal property for ad valorem taxation, 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-16 of the Official Code of Georgia Annotated, relating to the return of certain personal property for ad valorem taxation, so as to define certain terms; to provide that aircraft which has its primary home base in a county other than the county of the owner's residence in any calendar year shall be returned in that county; to provide for matters related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-16 of the Official Code of Georgia Annotated, relating to the return of certain personal property for ad valorem taxation, is amended by inserting at the end thereof the following:
"(e) (1) As used in this subsection, the term: (A) 'Aircraft' means any contrivance used or designed for navigation through the
air; provided, however, that such term does not include commercial airliners.

1602

JOURNAL OF THE HOUSE,

(B) 'Primary home base' means an airport where an aircraft is principally hangered and has its primary maintenance performed and where its flight operations are located. (2) Any person who owns tangible personal property in the form of an aircraft which has its primary home base in a county in this state other than the county in which such person maintains a permanent legal residence shall return such property for taxation to the tax commissioner or tax receiver of the county in which such primary home base is located. Such aircraft which does not have a primary home base in a county of this state other than the county in which the owner maintains a permanent legal residence shall be returned for taxation in the manner provided for in Code Section 48-5-11."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe
Y Atkins Y Bailey
Baker
Y Bannister 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
Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty
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
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 YEpps E Evans
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
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 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 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 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
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
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, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Walker of the 141st assumed the Chair.

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 Annotated, 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.

WEDNESDAY, MARCH 2, 1994

1603

The following Committee substitute was read and adopted:

A BILL
To amend Article 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 limit the use of certain electronic or mechanical devices to sell lottery tickets or shares; to provide for the locating and supervision of such devices; to provide for labeling of such devices; to change certain provisions relating to penalties and to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the lottery for education, is amended by striking paragraph (9) of Code Section 50-27-10, relating to procedures for regulating the conduct of lottery games, and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) (A) The method to be used in selling tickets or sharesz which may include the use of electronic or mechanical deviceSj but such devices may be placed only in locations on the premises of the lottery retailer which are within the unobstructed view of and subject to personal supervision by such retailer or an employee of such retailer. All electronic or mechanical devices shall bear a conspicuous label prohibiting the use of such device by persons under 18 years of age.
(B) A lottery retailer who knowingly allows a person under 18 years of age to purchase a lottery ticket or share from an electronic or mechanical device shall be subject to the penalties provided in Code Section 50-27-26;".
Section 2. Said article is further amended by striking Code Section 50-27-26, relating to sales to minors, penalties, and affirmative defenses, and inserting in lieu thereof a new Code Section 50-27-26 to read as follows:
"50-27-26. Any person who knowingly sells a lottery ticket or share to a person under 18 years of age or permits a person under 18 years of age to play any lottery games shall be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $500.00 for the first offense and for each subsequent offense not less than $200.00 nor more than $1,000.00. It shall be an affirmative defense to a charge of a violation under this Code section that the retailer reasonably and in good faith relied upon representation of proof of age in making the sale."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Bostick Y Breedlove
Y Brooks, D N 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 Channel! 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 Y Dobbs
Y Ehrhart Y Epps
E Evans Felton
Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden Y Goodwin Y Greene

1604

JOURNAL OF THE HOUSE,

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 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 Lucas
Y Maddox
Y Mann
Y Martin Y McBee N 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 Reaves
Y 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 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
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 156, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker assumed the Chair.

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 Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school".

The report of the Committee, which was favorable to the 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 N 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
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 YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart YEpps

E Evans
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 N 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 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 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 E Oliver Y O'Neal
N Orrock Y Padgett E Parham
Y Parrish Y Patten Y Pelote
Y Perry
Y Pinholster
YPoag Polak
Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B

WEDNESDAY, MARCH 2, 1994

1605

Y Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Shanahan 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

Y Smyre Y Snow N 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 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 5. The Bill, having received the requisite constitutional majority, was passed.

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 agreements 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.

The following Committee substitute was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize contracts and agreements 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 that any such contracts shall be continuously monitored; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VI, Paragraph V of the Constitution is amended by inserting at the end thereof the following:
"(f) Notwithstanding the provisions of subparagraph (c) of this Paragraph, the General Assembly shall have the power by general law to authorize contracts and agreements among health care providers and other persons for the provision of health care services which may have the effect of lessening competition if, according to criteria established by the General Assembly, the benefits to the public of such contracts or agreements outweigh the disadvantages of lessened competition, provided that any such law shall provide for the continuous monitoring of such contracts or agreements to ensure that such advantages continue to outweigh such disadvantages."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
YES Shall the Constitution be amended so as to provide that the General Assembly may authorize contracts or agreements among health care
NO providers and other persons for the provision of health care services which may have the effect of increasing cooperation between such providers which outweighs the public benefits of competition?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

1606

JOURNAL OF THE HOUSE,

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove N 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
Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

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 E Evans
Felton Floyd, J.M Floyd, J.W Y Godbee Y Golden Y Goodwin
Y Greene Y Groover
Y Hammond Manner
Y Harris, B N Harris, M N Hart N 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
N Joyce N Kaye Y Kinnamon Y Klein
NLadd N Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis NLord
Lucas N Maddox N Mann
Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

N Mobley, B Y Mobley, J N Moore Y Mosley
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 Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B
Y Randall Y Randolph YRay
Reaves Y 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 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
Streat Y Taylor
Teague Y Teper
Y Thomas Y 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 Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 134, nays 25.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

By unanimous consent, each member will be limited to twenty minutes debate per Bill.

HB 537. By Representatives Martin of the 47th, Simpson of the 101st, Chambless of the 163rd, Henson of the 65th, Dickinson of the 83rd and others:
A bill to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physicians' assistants, so as to provide for the delegation of additional duties and functions to physicians' assistants.

The following Committee substitute was read:

A BILL
To amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physicians' assistants, so as to provide for the delegation of additional

WEDNESDAY, MARCH 2, 1994

1607

duties and functions to physicians' assistants; to provide for construction of said provisions as they relate to liability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physicians' assistants, is amended by adding immediately following subsection (e) thereof the following subsection:
"(e.l) (1) A physician's assistant shall be allowed to issue a prescription or prescriptions for any drug or device, as defined in Code Section 26-4-2, or any Schedule III, IV, or V controlled substance as defined in Code Section 16-13-21, pursuant to authority delegated by the supervising physician of that physician's assistant. Delegation of such authority shall be contained in the job description required by this Code section. If an existing job description for a physician's assistant does not contain such authority to issue any prescription as provided by this subsection, that physician's assistant may not issue any such prescription until a new job description delegating such authority is submitted to and approved by the board.
(2) Nothing in this subsection shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription presented by a patient pursuant to this subsection. The pharmacist shall presume that the prescription was issued by a duly certified physician's assistant under this chapter who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribed by the physician's assistant is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Groover of the 125th moves to amend the Committee substitute to HB 537 as follows:
By adding after "board" on line 2 page 2:
"the physician shall not charge any fee or other form of cost for any prescription or service with respect to its writing which is written by a physician's assistant."

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

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

YByrd
Y Campbell Canty
N Carlisle N Carrell N Carter Y Cauthorn N Chambless
Chandler N Channel!
N Childers Y Clark Y Coker
Coleman, B Coleman, T Y Colwell Connell NCox N Crawford Crews
N Culbreth

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

N Harris, B Y Harris, M
Hart
Heard N Hegstrom
N Hembree N Henson N Holland N Holmes Y Howard N Hudson N Hughes N Hugley Y 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 Y Kaye Y Kinnamon Y Klein YLadd N Lakly
N Lane, D N Lane, R N Lawrence Y Lawson YLee N Lewis YLord
Lucas
N Maddox N Mann
N Martin N McBee Y McClinton

1608

JOURNAL OF THE HOUSE,

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

Y Pelote N Perry Y Pinholster N Poag N Polak Y Porter Y Poston N Powell N Purcell, A N Purcell, B Y Randall N Randolph
NRay Y Reaves N Reichert

N Roberts N Royal
N Scoggins Y Shanahan
Sherrill
Y Shipp N Simpson Y Sinkfield N Skipper Y Smith, C Y Smith, L N 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 N Stephenson
N Streat Y Taylor
N Teague N Teper
N Thomas N Tillman N Titus Y Towery

On the adoption of the amendment, the ayes were 63, nays 98. The amendment was lost.

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

The following amendment was read:

Representative Bostick of the 165th moves to amend the Committee substitute to HB 537 as follows:
By adding subparagraph (3) on page 2 after line 17 and stating:
"All prescriptions for schedule III, IV & V drugs must be written."

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

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

N Howard N Hudson Y 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 NKaye N Kinnamon N Klein Y Ladd N Lakly N Lane, D Y Lane, R N Lawrence N Lawson Y Lee N Lewis Y Lord
Lucas N Maddox N Mann N Martin
N McBee McClinton
N McKinney N Milam N Mills

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

On the adoption of the amendment, the ayes were 27, nays 136.

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

WEDNESDAY, MARCH 2, 1994

1609

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

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

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

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

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

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

On the passage of the Bill, by substitute, the ayes were 76, nays 93. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Childers of the 13th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 537.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

N Godbee
N Golden
N Goodwin N Greene N Groover N Hammond
Y Hanner Y Harris, B
N Harris, M Hart
Y Heard Y Hegstrom Y Hembree Y Henson

1610

JOURNAL OF THE HOUSE,

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

N Lane, D N Lane, R Y Lawrence N Lawson
NLee N Lewis
NLord Lucas
Y Maddox N Mann Y Martin Y McBee N McClinton N McKinney Y Milam N Mills
Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller E Oliver

Y O'Neal Y Orrock N Padgett E Parham Y Parrish Y Patten
Y Pelote Y Perry N Pinholster YPoag N Polak N Porter
N Poston Y Powell N Purcell, A N Purcell, B
Randall Y Randolph
YRay N Reaves Y Reichert
Y Roberts

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

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

On the motion, the ayes were 81, nays 86. The motion was lost.

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 misleading the general public concerning their employment with or association with a law enforcement agency.

The following amendment was read and adopted:

The Committee on Public Safety moves to amend HB 1886 by inserting on line 21 of page 2 after "Investigation," the following:
"the Department of Public Safety,".
By striking from lines 23 and 24 of page 2 the following:
"Such term shall not include the Department of Public Safety.".
By inserting between lines 3 and 4 of page 3 the following:
"(B) With respect to the Department of Public Safety, the commissioner of public safety;".
By striking from line 4 of page 3 "(B)" and inserting in lieu thereof "(C)" and by striking from line 6 of page 3 "(C)" and inserting in lieu thereof "(D)".
By inserting between lines 22 and 23 of page 3 the following:
"(B) With respect to the Department of Public Safety, the term 'Department of Public Safety,' 'Georgia State Patrol,' 'state patrol,' 'highway patrol,' 'state police,' 'state patrolman,' or 'trooper';".
By striking from line 23 of page 3 "(B)" and inserting in lieu thereof "(C)", by striking from line 26 of page 3 "(C)" and inserting in lieu thereof "(D)", and by striking from line 30 of page 3 "(D)" and inserting in lieu thereof "(E)".
By inserting after "Investigation" on line 26 of page 5, on line 1 of page 6, and on line 9 of page 6 the following:

WEDNESDAY, MARCH 2, 1994

1611

"and the Department of Public Safety".

The following amendment was read and adopted:

Representatives Murphy of the 18th, Twiggs of the 8th and Lee of the 94th move to amend HB 1886 by adding on line 27 of page 4 between the period and the word "The" the following:
"Such prohibition shall not affect the fundraising activities of organizations of law enforcement officers, including the Police Benevolent Association; provided, however, that if such an organization represents that a specific agency is endorsing a fundraising enterprise, such organization shall obtain written permission from the chief executive officer of such agency."

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

Y Ashe Y Atkins Y Bailey Y Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
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
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 E 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
Hart Y Heard Y Hegstrom Y Herabree 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
YLadd 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 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 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
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 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

1612

JOURNAL OF THE HOUSE,

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

SB 99 Do Pass, by Substitute SB 580 Do Pass, as Amended

SB 627 Do Pass, by Substitute HR 664 Do Pass, as Amended

Respectfully submitted, Is/ Childers of the 13th
Chairman

The following Resolutions of the House were read and adopted:

HR 1048. By Representatives Smith of the 109th, Maddox of the 108th, Carlisle of the 107th, McKinney of the 51st and Brooks of the 54th:
A resolution commending J. W. Lemon.

HR 1049. By Representatives Dobbs of the 92nd and Stancil of the 91st: A resolution recognizing the 100th anniversary of High Point Baptist Church.

HR 1050. By Representative Coleman of the 80th: A resolution commending Betty Mauldin.

HR 1051. By Representative Coleman of the 80th: A resolution commending Keith Dickinson.

HR 1052. By Representatives Simpson of the 101st and Thomas of the 100th: A resolution honoring Roald Y. Mykkeltvedt, Ph. D.

HR 1053. By Representatives Perry of the llth, Childers of the 13th and Smith of the 12th:
A resolution in support of the Korean War Veterans Association, Inc.

HR 1054. By Representatives Dixon of the 150th, Watson of the 139th, Skipper of the 137th, Powell of the 23rd and Ray of the 128th:
A resolution commending Georgia's independent telephone companies and cooperatives.

HR 1055. By Representatives Taylor of the 134th, Hugley of the 133rd, Culbreth of the 132nd, Buck of the 135th and Smyre of the 136th:
A resolution commending Lonnie Jackson.

WEDNESDAY, MARCH 2, 1994

1613

HR 1056. By Representatives Purcell of the 147th and Oliver of the 154th: A resolution recognizing the 200th anniversary of Bryan County.

HR 1057. By Representatives Smith of the 174th, Stancil of the 16th, Lawrence of the 64th, Mueller of the 152nd and Pinholster of the 15th:
A resolution recognizing the Honorable Lamar Alexander.

HR 1058. By Representatives Birdsong of the 123rd, Jenkins of the 110th and Groover of the 125th:
A resolution commending Honorable James C. Roberts.

HR 1059. By Representatives Dobbs of the 92nd and Stancil of the 91st: A resolution commending Roy L. Varner.

HR 1060.

By Representatives Oliver of the 154th and Purcell of the 147th:
A resolution honoring Mrs. Nancy L'Bertie "Miss Bertie" Rushing on the event of her 100th birthday.

HR 1061. By Representatives Ray of the 128th and James of the 140th: A resolution commending Mr. W. Jack Causey.

HR 1062. By Representative Hammond of the 32nd:
A resolution commending the Cobb County Chapter of the Association of Ministers' Wives and Ministers' Widows Interdenominational.

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

HR 1065.

By Representatives Teague of the 58th, Brooks of the 54th, McKinney of the 51st, Smyre of the 136th and Holmes of the 53rd:
A resolution commending Melvin R. Webb, Ph.D. and the Clark Atlanta University Prism-D Program and inviting Dr. Webb and the participants in the Prism-D Program to appear before the House of Representatives.

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

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 Annotated, 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.

The following Committee substitute was read and withdrawn:

1614

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks, is amended by striking Code Section 12-3-219, relating to tax exemptions regarding the Stone Mountain Memorial Association, and inserting in its place a new Code Section 12-3-219 to read as follows:
"12-3-219. (a) It is found, determined, and declared that the creation of the association and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and that the association is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this part. This Except as otherwise provided in subsection (b) of this Code section, this state covenants with the holders of the bonds that the association shall be required to pay no taxes or assessment upon any of the property acquired or leased by it under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the project erected by it, or upon any fees, rental, or other charges for the use of the facilities or services of the project, or upon other income received by the association. Further, this state covenants that the bonds of the association, their transfer, and the income therefrom shall at all times be exempt from taxation from within the state.
(b) Facilities, services, and charges for the use of facilities and services of the project of the association shall not be exempt from and shall be subject to taxes under any or all of the following provisions to the extent that such taxes are levied:
(1) Article 3 of Chapter 13 of Title 48; (2) Any local sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment: by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, g. 2243), as amended, the Metropolitan Atlanta Rapid Transit Authority Act of 1965; by or pursuant to Article 2 of Chapter 8 of Title 48; or bj; or pursuant to Article 3 of Chapter 8 of Title 48, notwithstanding the fact that facilities, services, and charges are not subject to Article 1 of Chapter 8 of Title 48; and (3) Any local taxes on alcoholic beverages under Title 3j the 'Georgia Alcoholic Beverage Code.'"
Section 2. Said chapter is further amended by striking Code Section 12-3-274, relating to tax exemptions regarding the Jekyll Islands State Park Authority, and inserting in its place a new Code Section 12-3-274 to read as follows:
"12-3-274. (a) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. This Except as otherwise provided in subsection (b) of this Code section, this state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it, or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges received by the authority for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.

WEDNESDAY, MARCH 2, 1994

1615

(b) Facilities, services, and charges for the use of facilities and services of the project of the association shall not be exempt from and shall be subject to taxes under any or all of the following provisions to the extent that such taxes are levied:
(1) Article 3 of Chapter 13 of Title 48; (2) Any local sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p_. 2243), as amended, the Metropolitan Atlanta Rapid Transit Authority Act of 1965; by or pursuant to Article 2 of Chapter 8 of Title 48; or by or pursuant to Article 3 of Chapter 8 of Title 48, notwithstanding the fact that facilities, services, and charges are not subject to Article 1 of Chapter 8 of Title 48; and (3) Any local taxes on alcoholic beverages under Title 3^ the 'Georgia Alcoholic Beverage Code.'"
Section 3. Said chapter is further amended by striking Code Section 12-3-339, relating to tax exemptions regarding the Lake Lanier Islands Development Authority, and inserting in its place a new Code Section 12-3-339 to read as follows:
"12-3-339. (a) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. This Except as otherwise provided in subsection (b) of this Code section, this state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption provided in this Code section shall include an exemption from state and local sales and use tax on property purchased by the authority for use exclusively by the authority.
(b) Facilities, services, and charges for the use of facilities and services of the project of the association shall not be exempt from and shall be subject to taxes under any or all of the following provisions to the extent that such taxes are levied:
(1) Article 3 of Chapter 13 of Title 48; (2) Any local sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, g. 2243), as amended, the Metropolitan Atlanta Rapid Transit Authority Act of 1965; by or pursuant to Article 2 of Chapter 8 of Title 48; or bj; or pursuant to Article 3 of Chapter 8 of Title 48, notwithstanding the fact that facilities, services, and charges are not subject to Article 1 of Chapter 8 of Title 48; and (3) Any local taxes on alcoholic beverages under Title 3j the 'Georgia Alcoholic Beverage Code.'"
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Henson of the 65th, et al. was read and adopted:

A BILL
To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks, so as to provide that certain facilities, services, and charges for the use of facilities and services of certain projects of the Stone Mountain Memorial Association, the

1616

JOURNAL OF THE HOUSE,

Jekyll Island State Park Authority, and the Lake Lanier Islands Development Authority shall not be exempt from and shall be subject to certain taxes; to preserve certain agreements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks, is amended by striking Code Section 12-3-219, relating to tax exemptions regarding the Stone Mountain Memorial Association, and inserting in its place a new Code Section 12-3-219 to read as follows:
"12-3-219. (a) It is found, determined, and declared that the creation of the association and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and that the association is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this part. This Except as otherwise provided in subsection (b) of this Code section, this state covenants with the holders of the bonds that the association shall be required to pay no taxes or assessment upon any of the property acquired or leased by it under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the project erected by it, or upon any fees, rental, or other charges for the use of the facilities or services of the project, or upon other income received by the association. Further, this state covenants that the bonds of the association, their transfer, and the income therefrom shall at all times be exempt from taxation from within the state.
(b) Facilities, services, and charges for the use of facilities and services of any project owned or operated by the association shall not be exempt from and shall be subject to taxes under Article 3 of Chapter 13 of Title 48 to the extent that such taxes are levied, but any agreement between the association and the local government imposing such taxes with regard to the distribution of the proceeds derived from those taxes shall not be affected by this subsection."
Section 2. Said chapter is further amended by striking Code Section 12-3-274, relating to tax exemptions regarding the Jekyll Island State Park Authority, and inserting in its place a new Code Section 12-3-274 to read as follows:
"12-3-274. (a) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. This Except as otherwise provided in subsection (b) of this Code section, this state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it, or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges received by the authority for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.
(b) Facilities, services, and charges for the use of facilities and services of any project owned or operated by the authority shall not be exempt from and shall be subject to taxes under Article 3 of Chapter 13 of Title 48 to the extent that such taxes are levied, but any agreement between the authority and the local government imposing such taxes with regard to the distribution of the proceeds derived from those taxes shall not be affected by this subsection."
Section 3. Said chapter is further amended by striking Code Section 12-3-339, relating to tax exemptions regarding the Lake Lanier Islands Development Authority, and inserting in its place a new Code Section 12-3-339 to read as follows:
"12-3-339. (a) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be

WEDNESDAY, MARCH 2, 1994

1617

performing an essential governmental function in the exercise of the power conferred upon it by this part. This Except as otherwise provided in subsection (b) of this Code section, this state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption provided in this Code section shall include an exemption from state and local sales and use tax on property purchased by the authority for use exclusively by the authority.
(b) Facilities, services, and charges for the use of facilities and services of any project owned or operated by the authority shall not be exempt from and shall be subject to taxes under Article 3 of Chapter 13 of Title 48 to the extent that such taxes are levied, but any agreement between the authority and the local government imposing such taxes with regard to the distribution of the proceeds derived from those taxes shall not be affected by this subsection."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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

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

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

Mobley, B Y Mobley, J
Moore Y Mosley
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 Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Reaves Reichert Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper

Y Smith, C
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
Stephenson Y Streat Y Taylor
Teague Y Teper
Thomas Y Tillman Y Titus
Towery
Y Trense Turnquest
Y Twiggs Y Vaughan
Walker 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 104, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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JOURNAL OF THE HOUSE,

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 456 Do Pass, by Substitute SB 457 Do Pass, by Substitute SR 395 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 100th
Chairman

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

HB 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.

The following Committee substitute was read and adopted:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that the Department of Human Resources shall be designated as the state agency to implement and administer the state's lead hazard reduction program; to provide for legislative findings; to provide for definitions; to provide that the department shall promulgate regulations regarding training, licensing, and certification of persons performing lead hazard detection and lead hazard reduction activities services, approval of training providers, and standards for lead hazard reduction activities; to authorize necessary revisions of regulations and procedures in order to assure continued eligibility for federal lead abatement funding; to provide for enforcement; to provide for reciprocity; to authorize grandfathering of existing lead abatement contractors; to provide that the department shall serve as a clearing-house relative to lead hazards; to provide for fees; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Chapter 40 to read as follows:
"CHAPTER 40
31-40-1. This Act shall be known and may be cited as the 'Georgia Lead Poisoning Prevention Act of 1994.'
31-40-2. (a) The General Assembly finds that childhood lead poisoning is a devastating environmental health hazard to the children of this state. Exposure to even low levels of lead increases a child's risks of developing permanent reading and learning disabilities, intelligence quotient deficiencies, impaired hearing, reduced attention span, hyperactivity, behavior problems, and other neurological problems. It is estimated that

WEDNESDAY, MARCH 2, 1994

1619

thousands of children below the age of six are affected by lead poisoning in Georgia. Childhood lead poisoning is dangerous to the public health, safety, and general welfare.
(b) Childhood lead poisoning is the result of environmental exposure to lead. The most significant source of environmental lead is lead-based paint, particularly in housing built prior to 1978, which becomes accessible to children as paint chips, house dust, and soil contaminated by lead-based paint. The danger posed by lead-based paint hazards can be controlled by abatement or interim controls of lead-based paint or by measures to limit exposure to lead-based paint hazards.
(c) It is crucial that the identification of lead hazards and subsequent implementation of interim control or abatement procedures be accomplished in a manner that does not result in additional harm to the public or the environment. Improper lead abatement constitutes a serious threat to persons residing in or otherwise using an affected structure or site, to those performing such work, to the environment, and to the general public.
(d) The General Assembly finds that it is in the public interest to establish minimum standards for the training and certification or licensure of all persons performing lead hazard reduction activities, including inspections, risk assessments, and planning and performance of interim controls or abatement measures.
31-40-3. As used in this chapter, the term: (1) 'Abatement' means any set of measures designed to eliminate lead-based paint
hazards, in accordance with standards developed by the department, including: (A) Removal of lead-based paint and lead contaminated dust, the permanent
containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and
(B) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures. (2) 'Accessible surface' means an interior or exterior surface painted with leadbased paint that is accessible for a young child to mouth or chew. (3) 'Department' means the Department of Human Resources. (4) 'Friction surface' means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces. (5) 'Impact surface' means an interior or exterior surface or fixture that is subject to damage by repeated impacts, for example, certain parts of door frames. (6) 'Inspection' means a surface by surface investigation to determine the presence of lead-based paint or lead-based paint hazards and the provision of a report explaining the results of the investigation. (7) 'Interim controls' means a measure or set of measures taken by the owner of a structure that are designed to control temporarily human exposure or likely exposure to lead-based paint hazards, including specialized dust removal procedures repairs, maintenance, painting, temporary containment, ongoing monitoring of leadbased paint hazards or potential hazards, and the establishment and operation of management and public education programs.
(8) 'Lead-based paint' means paint or other surface coatings that contain lead in excess of limits established by the department.
(9) 'Lead contaminated dust' means surface dust in residential dwellings or in other facilities occupied or regularly used by children that contains an area or mass concentration of lead in excess of levels determined by the department to pose a threat of adverse health effects in pregnant women or young children.
(10) 'Lead contaminated soil' means bare soil on residential real property or on other sites frequented by children that contains lead at or in excess of levels determined to be hazardous to human health by the department.
(11) 'Lead contaminated waste' means any discarded material resulting from an abatement activity or any discarded material which is a mixture of discarded material resulting from an abatement activity and any other material.
(12) 'Lead contractor* means a person employing or contracting with persons engaged in lead hazard reduction activities and self-employed persons who engage in lead hazard reduction activities.

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JOURNAL OF THE HOUSE,

(13) 'Lead hazard' means any condition that causes exposure to lead from lead contaminated dust, lead contaminated soil, or lead contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the department.
(14) 'Lead hazard reduction activities' means the inspection and assessment of lead hazards and the planning, implementation, and inspection of interim controls and abatement activities as determined by the department.
(15) 'Lead hazard reduction planner/project designer' means a person who plans or designs abatement activities and interim controls.
(16) 'Lead inspector' means a person who conducts inspections to determine the presence of lead-based paint or lead-based paint hazards.
(17) 'Risk assessment' means an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint hazards in or on any structure or site, including:
(A) Information gathering regarding the age and history of the structure and the occupancy or other use by young children;
(B) Visual inspection; (C) Limited wipe sampling or other environmental sampling techniques; (D) Other activity as may be appropriate; and (E) Provision of a report explaining the results of the investigation.
(18) 'Worker' means any person performing lead hazard reduction activities.
31-40-4. (a) There is created the Georgia Lead-Based Paint Hazard Reduction Program. The Department of Human Resources is designated as the state agency responsible for implementation, administration, and enforcement of such program.
(b) The department shall on or before January 1, 1995, issue regulations requiring the development and approval of training programs for the licensing or certification of persons performing lead hazard detection or lead hazard reduction services, including lead inspectors, risk assessors, lead hazard reduction planners/project designers, lead contractors, and workers of such inspectors, assessors, and contractors, and planners/project designers. The regulations for the approval of training programs shall include minimum requirements for approval of training providers, curriculum requirements, training hour requirements, hands-on training requirements, examinations of competency and proficiency, and training program quality control. The approval program shall provide for reciprocal approval of training programs with comparable requirements approved by other states or the United States. The approval program shall be designed to meet the minimum requirements for federal approval under Section 404 of the federal Toxic Substances Control Act and the department shall apply for such approval. The department shall establish fees for approval of such training programs.
(c) The department shall on or before January 1, 1995, establish training and licensure requirements for inspectors, risk assessors, lead reduction planners/project designers, lead contractors, and certification requirements for their workers. No person shall be licensed under this chapter unless such person shall have successfully completed the appropriate training program, shall have passed an examination administered by the department for the appropriate category of license, and shall have completed any additional requirements imposed by the department. The department shall be authorized to accept any lead hazard training completed prior to January 1, 1990, in full or partial satisfaction of the training requirements. The department shall establish requirements for periodic refresher training for all licensees as a condition of license renewal. The department shall establish examination fees, license fees, and renewal fees for all licenses issued under this chapter.
(d) The department shall promulgate regulations establishing standards of acceptable professional conduct for the performance of lead hazard reduction activities, as well as specific acts and omissions that constitute grounds for the reprimand of any licensee, the suspension or revocation of a license, or the denial of the issuance or renewal of a license.
31-40-5. The department shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this chapter. In addition to any action which

WEDNESDAY, MARCH 2, 1994

1621

may be taken to reprimand a licensee or to revoke or suspend a license, any person who violates any provision of this chapter or any regulation promulgated pursuant to this chapter or any term or condition of licensure may be subject to a civil penalty of not more than $10,000.00, to be imposed by the department. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty.
31-40-6. (a) The department shall make available to all persons licensed or certified under this chapter current federal regulations affecting such licensees or certified persons.
(b) 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."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown Y Buck
Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Carlisle
Y 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
Y Cox
Crawford Y Crews Y Culbreth E Cummings
Davis, G Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Epps E 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

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
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 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 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
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
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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

1622

JOURNAL OF THE HOUSE,

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.

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

Y Ashe Y Atkins
Y Bailey Y Baker
Y Bannister Barfoot
Y Bargeron
Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown YBuck
Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty
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 E Cummings
Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H
Y Dixon, S Dobbs
Y Ehrhart Epps
E Evans Y Felton Y Floyd, J.M Y Floyd, J.W YGodbee Y Golden
Goodwin
Y Greene Y Groover Y Hammond
Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom Y Herabree 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 Y Kaye Y Kinnamon Y Klein
YLadd Y Lakly
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
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
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 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
White Y Williams, B Y Williams, R
Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, the ayes were 152, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 Annotated, 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 equipment and related attachments used exclusively for the purpose of growing and harvesting timber.

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

WEDNESDAY, MARCH 2, 1994

1623

Y Ashc 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
Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty
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 E Cummings
Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
Epps E 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
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
Jones Y Joyce
Y Kaye Y Kinnamon Y Klein YLadd Y Lakly
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 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 Reaves
N 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 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 151, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1813.

By Representative Barnes of the 33rd:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to provide for required qualification of foreign limited liability partnerships; to provide for a definition; to provide for the laws governing a foreign limited liability partnership; to provide for and require certificates of authority.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to provide for required qualification of foreign limited liability partnerships; to provide for a definition; to provide for the laws governing a foreign limited liability partnership; to provide for and require certificates of authority; to provide for activities not constituting the transaction of business; to provide for applications and their contents; to require and provide for registered agents and registered offices; to provide for the qualifications, powers, and duties of registered agents; to provide for the filing of statements and documents; to provide for resignation of registered agents; to provide for changes in registered offices; to provide for service of process, notices, or demands; to provide for certificates of authority; to provide for venue; to provide for the powers and duties of the Secretary of State; to provide for issuance of certificates; to provide for names and requirements related thereto; to provide for changes of names or jurisdictions of organizations; to provide for withdrawal of foreign limited liability partnerships; to provide for revocation of certificates and grounds for revocation; to provide procedures for an

1624

JOURNAL OF THE HOUSE,

effect of revocation; to provide for appeals from revocation; to provide for transaction of business without registering and the effect thereof; to provide for actions by the Attorney General; to provide for annual registrations; to provide for fees; to provide for the administrative powers of the Secretary of State; to provide for rules and regulations; to provide for the duty of the Secretary of State to file documents and the effect of such filing; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," is amended by striking Code Section 14-8-2, relating to definitions relative to partnerships, and inserting in lieu thereof thereof a new Code Section 14-8-2 to read as follows:
"14-8-2. As used in this chapter, the term: (1) 'Bankrupt' means a person who is the subject of: (A) The entry of an order for relief under Section 303(h) of the Bankruptcy Code (11 U.S.C. Section 303(h)) or the filing of a petition for voluntary bankruptcy under Section 301 of the Bankruptcy Code (11 U.S.C. Section 301) as these provisions may be now or hereafter amended; or (B) An equivalent order or petition under any successor statute or code of general application; or (C) An equivalent order or petition under any state insolvency Act. (2) 'Business' includes every trade, occupation, or profession. (3) 'Conveyance' includes every assignment, deed, transfer, lease (including the cre-
ation of a usufruct), mortgage or pledge of tangible, intangiblej or real property, and also the creation or cancellation of any lien, encumbrance, or security title.
(4) 'Court' includes every court and judge having jurisdiction in the case. (5) 'Foreign limited liability partnership' means a limited liability partnership formed under the laws of a jurisdiction other than this state. {} (6) 'Interest' means interest at the legal rate which applies where the rate percent is not named in the contract as provided by Code Section 7-4-2 or any successor statute. {6} (7) 'Person' includes a natural person, partnership, limited liability partnership, limited partnership (domestic or foreign), trust, estate, association^ or corporation. Any person may be a partner unless the person lacks capacity apart from this chapter. (?) (8) 'Real property' includes any estate or interest, including usufructory interests, in, overj or under land, including minerals, structures, fixtures2 and other things which by custom, usage, or law pass with a conveyance of land though not described or mentioned in an instrument of conveyance or in a contract to make such a conveyance."
Section 2. Said chapter is further amended by adding at the end thereof new Code Sections 14-8-44 through 14-8-61 to read as follows:
"14-8-44. (a) The laws of the jurisdiction under which a foreign limited liability partnership is organized govern its organization and internal affairs and the liability of its partners, regardless of whether the foreign limited liability partnership procured or should have procured a certificate of authority under this chapter upon condition that such foreign limited liability partnership shall have capital accounts or carry liability insurance of a type that is designed to cover the kind of errors, omissions, negligence, incompetence, or malfeasance for which liability is limited by the laws of the jurisdiction under which it was formed in an amount of not less than $1 million.
(b) A foreign limited liability partnership may not be denied a certificate of authority by reason of any difference between the laws of the jurisdiction under which the foreign limited liability partnership is organized and the laws of this state.
14-8-45. (a) A foreign limited liability partnership transacting business in this state shall procure a certificate of authority to do so from the Secretary of State. In order to procure a certificate of authority to transact business in this state, a foreign limited

WEDNESDAY, MARCH 2, 1994

1625

liability partnership shall submit to the Secretary of State an application for a certificate of authority as a foreign limited liability partnership, signed by a person duly authorized to sign such instruments by the laws of the jurisdiction under which the foreign limited liability partnership is organized, setting forth:
(1) The name of the foreign limited liability partnership and, if different, the name under which it proposes to qualify and transact business in this state;
(2) The name of the jurisdiction under whose laws it is organized;
(3) Its date of organization and period of duration; (4) The street address and county of its registered office in this state and the name of its registered agent at that office; (5) A statement that the Secretary of State is appointed the agent of the foreign limited liability partnership for service of process if no agent has been appointed under subsection (a) of Code Section 14-8-46 or, if appointed, the agent's authority has been revoked or the agent cannot be found or served by the exercise of reasonable diligence; (6) The address of the office required to be maintained in the jurisdiction of its organization by the laws of that jurisdiction or, if no such office is required, its principal office; (7) The address of the office at which is kept a list of the names and addresses of its partners, together with an undertaking by it to keep those records until its regis-
tration in this state is canceled or revoked; (8) The name and a business address of a partner who has substantial responsibil-
ity for managing its business activities; and (9) A statement that the foreign limited liability partnership either has capital
accounts or liability insurance of a type that is designed to cover the kind of errors, omissions, negligence, incompetence, or malfeasance for which liability is limited by
the laws of the jurisdiction under which it was formed in an amount of not less than $1 million.
(b) Without excluding other activities which may not constitute transacting business in this state, a foreign limited liability partnership shall not be considered to be trans-
acting business in this state, for the purpose of qualification under this chapter, solely
by reason of carrying on in this state any one or more of the following activities: (1) Maintaining or defending any action or administrative or arbitration proceed-
ing or effecting the settlement thereof or the settlement of claims or disputes; (2) Holding meetings of its partners or carrying on other activities concerning its
internal affairs; (3) Maintaining bank accounts, share accounts in savings and loan associations,
custodial or agency arrangements with a bank or trust partnership, or stock or bond brokerage accounts;
(4) Maintaining offices or agencies for the transfer, exchange, and registration of partnership interests in it or appointing and maintaining trustees or depositaries with
relation to such interests; (5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents
or otherwise, where such orders require acceptance outside this state before becoming binding contracts and where such contracts do not involve any local performance other
than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on
real or personal property or recording the same;
(8) Securing or collecting debts or enforcing any rights in property securing the
same; (9) Effecting transactions in interstate or foreign commerce; (10) Owning or controlling another entity organized under the laws of, or transact-
ing business within, this state;
(11) Conducting an isolated transaction not in the course of a number of repeated transactions of like nature; or
(12) Serving as trustee, executor, administrator, or guardian or, in like fiduciary capacity, where permitted so to serve by the laws of this state.

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JOURNAL OF THE HOUSE,

(c) The list of activities in subsection (b) of this Code section is not exhaustive. (d) This Code section shall not be deemed to establish a standard for activities that may subject a foreign limited liability partnership to taxation or to service of process under any of the laws of this state. 14-8-46. (a) Each foreign limited liability partnership that is required to procure a certificate of authority to do business in this state shall continuously maintain in this state a registered office and a registered agent at such registered office for service of process on the foreign limited liability partnership. (b) A registered agent must be an individual resident of this state, a domestic corporation, or a foreign corporation authorized to do business in this state. (c) A foreign limited liability partnership may change its registered office or its registered agent, or both, by indicating any such change on its annual registration statement filed pursuant to Code Section 14-8-56 or by executing and delivering to the Secretary of State for filing a statement setting forth:
(1) The name of the foreign limited liability partnership; (2) The street address and county of its then registered office; (3) If the address of its registered office is to be changed, the new street address and county of the registered office;
(4) The name of its then registered agent; and
(5) If its registered agent is to be changed, the name of its successor registered
agent. (d) If the Secretary of State finds that such statement conforms to subsection (c) of this Code section, the Secretary of State shall file such statement in his or her office; and upon such filing, the change of address of the registered office or the change of the registered agent, or both, as the case may be, shall become effective.
(e) A registered agent of a foreign limited liability partnership may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed to the person, and at the address, indicated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of Code Section 14-8-56, or, if no annual registration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-8-45. Upon such resignation becoming effective, the address of the office of the resigned registered agent shall no longer be the address of the registered office of the foreign limited liability partnership.
(f) A registered agent may change the agent's office and the address of the registered office of any foreign limited liability partnership of which the agent is the registered agent to another place within this state by filing a statement as required in subsection (c) of this Code section, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code section and must recite that a copy of the statement has been mailed to the person, and at the address, indicated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of Code Section 14-8-56, or, if no annual registration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-8-45.
(g) The registered agent of one or more foreign limited liability companies may resign and appoint a successor registered agent by filing a statement with the Secretary of State stating that the agent resigns and stating the name, street address, and county of the office of the successor registered agent. There shall be attached to such statement a statement executed by each affected foreign limited liability partnership ratifying and approving such change of registered agent. Upon such filing, the successor registered agent shall become the registered agent of each such foreign limited liability partnership as has ratified and approved such substitution, and the successor registered agent's office, as stated in such statement, shall become the registered office in this state of

WEDNESDAY, MARCH 2, 1994

1627

each such foreign limited liability partnership. The Secretary of State shall furnish to the successor registered agent a certified copy of the statement of resignation.
(h) The registered agent of a foreign limited liability partnership authorized to transact business in this state is an agent of the foreign limited liability partnership on whom may be served any process, notice, or demand required or permitted by law to be served on the foreign limited liability partnership.
(i) Whenever a foreign limited liability partnership required to procure a certificate of authority to do business in this state shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, the Secretary of State shall be an agent of such foreign limited liability partnership upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with the Secretary of State or with any persons designated by the Secretary of State to receive such service two copies of such process, notice, or demand. The plaintiff or his or her attorney shall certify in writing to the Secretary of State that the foreign limited liability partnership failed either to maintain a registered office or appoint a registered agent in this state and that he or she has forwarded by registered mail such process, service, or demand to the last registered agent at the last registered office listed on the records of the Secretary of State and that service cannot be effected at such office.
(j) The Secretary of State shall keep a record of all processes, notices, and demands served upon him or her under this Code section and shall record therein the time of such service and his or her action with reference thereto.
(k) This Code section does not prescribe the only means, or necessarily the required means, of serving any process, notice, or demand required or permitted by law to be served on a foreign limited liability partnership.
(1) Venue in proceedings against a foreign limited liability partnership shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in effect on April 1, 1994, or thereafter. For purposes of determining venue, the residence of each foreign limited liability partnership authorized to transact business in this state shall be determined in accordance with Code Section 14-2-510 as though such foreign limited liability partnership were a foreign corporation.
14-8-47. (a) If the Secretary of State finds that an application for a certificate of authority conforms to law and all requisite fees and any penalty due pursuant to Code Section 14-8-52 have been paid, the Secretary of State shall:
(1) Stamp or otherwise endorse his or her official title and the date and time of receipt on the application;
(2) File in his or her office a copy of the application; and (3) Issue a certificate of authority to transact business in this state. (b) The certificate of authority must be returned to the person who filed the application or such person's representative.
(c) If the certificate of authority is issued by the Secretary of State, a foreign limited liability partnership shall be deemed authorized to transact business in this state from the time of filing its application for the certificate of authority.
14-8-48. (a) A foreign limited liability partnership may apply for a certificate of authority with the Secretary of State under any name, whether or not it is the name under which it is registered in its jurisdiction of organization; provided, however, that
such name: (1) Must contain the words 'limited liability partnership' (it being permitted to
abbreviate the word 'limited' as 'ltd.') or the abbreviation 'L.L.P.';
(2) Must be distinguishable on the records of the Secretary of State from the name of any corporation, nonprofit corporation, limited partnership, foreign limited liability partnership, professional corporation, professional association, limited liability company, or limited liability partnership on file with the Secretary of State pursuant to this title; and
(3) May not contain any words indicating that the business is organized other than as a limited liability partnership.

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(b) Whenever a foreign limited liability partnership is unable to procure a certificate of authority to transact business in this state because its name does not comply with paragraph (2) of subsection (a) of this Code section, it may nonetheless apply for authority to transact business in this state by adding in parentheses to its name in such application a word, abbreviation, or other distinctive and distinguishing element such as the name of the jurisdiction where it is organized. If in the judgment of the Secretary of State the name of the foreign limited liability partnership with such addition would comply with subsection (a) of this Code section, subsection (a) of this Code section shall not be a bar to the issuance to such foreign limited liability partnership of a certificate of authority to transact business in this state. In such case, any such certificate issued to such foreign limited liability partnership shall be issued in its name with such additions, and the foreign limited liability partnership shall use such name with such additions in all its dealings with the Secretary of State.
14-8-49. A foreign limited liability partnership authorized to transact business in this state must procure an amended certificate of authority from the Secretary of State if it changes its name or its jurisdiction of organization. The requirements of Code Sections 14-8-45 and 14-8-47 for procuring an original certificate of authority shall apply to procuring an amended certificate under this Code section.
14-8-50. (a) A foreign limited liability partnership authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the Secretary of State.
(b) A foreign limited liability partnership authorized to transact business in this state may apply for a certificate of withdrawal by delivering to the Secretary of State for filing an application that sets forth:
(1) The name of the foreign limited liability partnership and the name of the jurisdiction under whose laws it is organized;
(2) That it is not transacting business in this state and that it surrenders its authority to transact business in this state;
(3) That it revokes the authority of its registered agent to accept service on its behalf and appoints the Secretary of State as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state;
(4) A mailing address to which a copy of any process served on the Secretary of State pursuant to paragraph (3) of this subsection may be mailed under subsection (c) of this Code section; and
(5) A commitment to notify the Secretary of State in the future of any change in the mailing address provided pursuant to paragraph (4) of this subsection, (c) After the withdrawal of the foreign limited liability partnership is effective, service of process on the Secretary of State under this Code section is service on the foreign limited liability partnership. Any party that serves process on the Secretary of State in accordance with this subsection shall also mail a copy of the process to the foreign limited liability partnership at the mailing address provided pursuant to subsection (b) of
this Code section. 14-8-51. The Secretary of State may commence a proceeding under Code Section
14-8-52 to revoke the certificate of authority of a foreign limited liability partnership
authorized to transact business in this state if: (1) The foreign limited liability partnership does not deliver its annual registration
to the Secretary of State within 60 days after it is due; (2) The foreign limited liability partnership does not pay within 60 days after they
are due any fees, taxes, or penalties imposed by this chapter or other law;
(3) The foreign limited liability partnership is without a registered agent or registered office in this state for 60 days or more;
(4) The foreign limited liability partnership does not inform the Secretary of State under Code Section 14-8-46 that its registered agent or registered office has changed,
that its registered agent has resigned, or that its registered office has been discontinued within 60 days of the change, resignation, or discontinuation;

WEDNESDAY, MARCH 2, 1994

1629

(5) A partner or agent of the foreign limited liability partnership signed a document such person knew was false in a material respect with intent that the document be delivered to the Secretary of State for filing; or
(6) The Secretary of State receives a duly authenticated certificate from the secretary of state or other official having custody of records in the jurisdiction under whose law the foreign limited liability partnership is organized stating that it has been dissolved, terminated, or disappeared as a result of a merger.
14-8-52. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-8-51 for revocation of a certificate of authority, the Secretary of State shall provide the foreign limited liability partnership with written notice of such determination by mailing a copy of the notice, first-class mail, to the person and at the address indicated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of Code Section 14-8-56 or, if no annual registration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-8-45 or to the regis-
tered agent. (b) If the foreign limited liability partnership does not correct each ground for revo-
cation or demonstrate to the reasonable satisfaction of the Secretary of State that each ground determined by the Secretary of State does not exist within 60 days after the
notice is provided to the foreign limited liability partnership, the Secretary of State may revoke the foreign limited liability partnership's certificate of authority by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date.
(c) The authority of a foreign limited liability partnership to transact business in this
state ceases on the date shown on the certificate revoking its certificate of authority. (d) The Secretary of State's revocation of a foreign limited liability partnership's cer-
tificate of authority appoints the Secretary of State as the foreign limited liability
partnership's agent for service of process in any proceeding based on a cause of action which arose during the time the foreign limited liability partnership was authorized to
transact business in this state. Service of process on the Secretary of State under this subsection is service on the foreign limited liability partnership. Any party that serves
process on the Secretary of State shall also mail a copy of the process to the person and at the address indicated in its most recently filed annual registration statement pursuant
to paragraph (5) of subsection (a) of Code Section 14-8-56 or, if no annual registration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-8-45 or to the regis-
tered agent. This paragraph does not prescribe the only means, or necessarily the required means, of serving any process, notice, or demand required or permitted by law to be served on a foreign limited liability partnership.
(e) Revocation of a foreign limited liability partnership's certificate of authority does
not terminate the authority of the registered agent of the foreign limited liability partnership.
14-8-53. (a) A foreign limited liability partnership may appeal the Secretary of
State's revocation of its certificate of authority to the Superior Court of Fulton County within 30 days after service of the certificate of revocation is perfected under Code Sec-
tion 14-8-52. The foreign limited liability partnership appeals by petitioning the court
to set aside the revocation and attaching to the petition copies of its certificate of authority and the Secretary of State's certificate of revocation.
(b) The court may summarily order the Secretary of State to reinstate the certificate of authority or may take any other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings. 14-8-54. (a) A foreign limited liability partnership transacting business in this state
may not maintain an action, suit, or proceeding in a court of this state until it is authorized to transact business in this state.
(b) The failure of a foreign limited liability partnership to procure a certificate of authority does not impair the validity of any contract or act of the foreign limited liabil-
ity partnership or prevent the foreign limited liability partnership from defending any action, suit, or proceeding in any court of this state.

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(c) A foreign limited liability partnership that transacts business in this state with-

out registering as required by this chapter shall be liable to the state:

(1) For all fees which would have been imposed by this chapter upon such foreign

limited liability partnership had it registered as required by this chapter; and

(2) If it has not been authorized to transact business in this state within 30 days

after the first day on which it transacts business in this state, for a penalty of $500.00

for each year or part thereof during which it so transacts business.

14-8-55. The Attorney General may maintain an action to restrain a foreign limited

liability partnership from transacting business in this state in violation of this chapter.

14-8-56. (a) Each foreign limited liability partnership authorized to transact busi-

ness in this state shall deliver to the Secretary of State for filing an annual registration

that sets forth:

(1) The name of the foreign limited liability partnership and the jurisdiction under

whose laws it is organized;

(2) The street address and county of its registered office in this state and the

name of its registered agent at that office;

(3) The address of the office it is required to maintain in the jurisdiction of its

organization by the laws of that jurisdiction or, if no such office is required to be

maintained, of its principal office;

(4) The address of the office at which is kept a list of the names and addresses

of the partners and other owners of the foreign limited liability partnership;

(5) The name and a business address of a partner who has substantial responsibil-

ity for managing the business activities of the foreign limited liability partnership; and

(6) Any additional information that is necessary to enable the Secretary of State

to carry out the provisions of this chapter.

(b) Information in the annual registration must be current as of the date the annual

registration is executed on behalf of the foreign limited liability partnership.

(c) The first annual registration must be delivered to the Secretary of State between

January 1 and April 1, or such other date as the Secretary of State may specify by rules

or regulations, of the year following the calendar year in which the foreign limited liabil-

ity partnership was authorized to transact business in this state. Subsequent annual reg-

istrations must be delivered to the Secretary of State between January 1 and April 1,

or such other date as the Secretary of State may specify by rules or regulations, of the

following calendar years.

(d) If an annual registration does not contain the information required by this Code

section, the Secretary of State shall promptly notify the reporting foreign limited liabil-

ity partnership in writing and return the report to it for correction. If the report is cor-

rected to contain the information required by this Code section and delivered to the

Secretary of State within 30 days after the effective date of notice, it is deemed to be

timely filed.

14-8-57. The Secretary of State shall collect the following fees and penalties when

the documents described below are delivered to the Secretary of State for filing pursu-

ant to the chapter:

Document

Fee

(1) Application for certificate of authority to transact business....................$ 200.00

(2) Statement of change of registered office or registered agent................... 5.00 per
foreign limited liability partnership, but not less than
20.00

(3) Registered agent's statement of resignation pursuant to subsection (e) of Code Section 14-8-46....................................................................... No fee

WEDNESDAY, MARCH 2, 1994

1631

(4) Annual registration.......................................................................................... 25.00
(5) Any other document required or permitted to be filed by this chapter.................................................................................................................. 20.00
14-8-58. The Secretary of State shall have the power and authority reasonably necessary to enable him or her to administer this chapter efficiently and to perform the duties imposed upon him or her pursuant to this chapter, including, without limitation, the power and authority to employ from time to time such additional personnel as in his or her judgment are required for such purposes.
14-8-59. The Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this chapter, which are incidental to and necessary for the implementation and enforcement of such provisions of this chapter as are administered by the Secretary of State. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
14-8-60. The Secretary of State's duty to file documents under this chapter is ministerial. The Secretary of State's filing or refusing to file a document does not:
(1) Affect the validity or invalidity of the document in whole or part; (2) Relate to the correctness or incorrectness of information contained in the document; or (3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. 14-8-61. Code Sections 14-8-44 through 14-8-60 and this Code section shall become effective on April 1, 1994, and shall govern all foreign limited liability partnerships transacting business in this state on or after April 1, 1994."
Section 3. This Act shall become effective on July 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins
Y Bailey Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown Y Buck
Buckner Y Bunn Y Burkhalter
Y Byrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless
Chandler Y Channell

Y Childers Y Clark
Y Coker Y Coleman, B
Coleman, T Y Colwell
Connell Y Cox Y Crawford Y Crews Y Culbreth E Cummings
Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S N Dobbs Y Ehrhart
Epps
E 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 Hart
Y Heard Hegstrom
Y Hembree Y Henson Y Holland Y Holmes
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 N Johnston
Jones Y Joyce N Kaye Y Kinnamon Y Klein Y Ladd N Lakly Y Lane, D

Y Lane, R Y Lawrence
Y Lawson Y Lee Y Lewis Y Lord Y Lucas N 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
Perry Y Pinholster Y Poag

Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Puree)!, 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 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

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JOURNAL OF THE HOUSE,

Y Stanley, P Y Stephenson
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 N Westmorland
White

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

On the passage of the Bill, by substitute, the ayes were 143, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Annotated, relating to funding for direct instructional costs and media costs, so as to prohibit certain expenditures.

Representative Randall of the 127th moved that HB 1950 be recommitted to the Committee on Education.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

Y Smith, C Y Smith, L
Smith, P N Smith, T N Smith, V N Smith, W
Y Smyre Y 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 Y Turnquest N Twiggs N Vaughan N Walker N Wall N Watson
N Watts N Westmorland
Y White N Williams, B N Williams, R
Yates N Yeargin
Murphy, Spkr

On the motion, the ayes were 75, nays 91. The motion was lost.

The following substitute, offered by Representatives Trense of the 44th and Byrd of the 170th was read:

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 of elementary and secondary education, so as to provide

WEDNESDAY, MARCH 2, 1994

1633

for petitions for public hearings regarding whether certain books are harmful to minors; to provide for validation and certification of such petitions; to provide for public hearings and notices thereof; to provide for board of education determinations regarding certain books and for actions and consequences thereof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing of elementary and secondary education, is amended by adding after Code Section 20-2-167 a new Code section to read as follows:
"20-2-167.1. (a) Any voter who is qualified and registered to vote in an election for members of a board of education may file with that board a notice of intent to file a petition to request such board to hold a public hearing to determine whether each book specified in the petition and utilized or otherwise made available in any library or media center of any elementary or secondary school managed by such board is harmful to minors as defined in Code Section 16-12-102. Only persons qualified and registered to vote in an election for members of that board of education may sign such petition.
(b) A petition authorized under subsection (a) of this Code section must be filed with the local board of education within 60 days after the notice of intent to file a petition has been received by such board. If so filed, such petition shall be transmitted for validation by the board to the election superintendent of the political subdivision which levies ad valorem taxes for education for that board of education. That election superintendent shall compare the names upon such petition within 45 days after receipt against the list of voters qualified and eligible to vote for members of that board of education. If the petition contains the signatures of at least 1 percent of the number of electors who voted in the last election for members of that board of education or the signatures of 500 of such electors, whichever is less, the election superintendent shall provide certification thereof to such board of education.
(c) A board of education which receives a petition certified as meeting the requirements of subsection (b) of this Code section shall conduct a public hearing regarding any and all books specified in that petition. At least ten but not more than 30 days prior to the date of the hearing the board shall cause to be published a notice in the legal organ of the county in which lies the legal situs of that board. That notice shall state the time, place, and purpose of the hearing and shall be published once a week for two weeks.
(d) The public hearing required under subsection (c) of this Code section shall be designed to offer interested persons the opportunity to express their opinions regarding whether or not any book named in the petition for which the hearing is conducted is harmful to minors as defined in Code Section 16-12-102. The board of education may take official action at such hearing regarding the board's determination regarding each book named in the petition or may defer such official action to a time no later than the next regular meeting of such board. Any book thus determined by the board to be harmful to minors shall be prohibited by the board from being further used or available in the library or media center of any elementary or secondary school in its school system unless the board, following further notice and public hearing which meets the requirements of this Code section, makes a contrary determination at a regular meeting of the board. Otherwise, the board shall take whatever action it deems necessary with regard to each book specified in the petition. A local board shall not be required to utilize or make available in the library or media center of any elementary or secondary school in its school system any book thus determined to be harmful to minors."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Cauthorn of the 35th moves to amend the Floor substitute to HB 1950 as follows:

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JOURNAL OF THE HOUSE,

By adding on page 1 line 17 after the number 20-2-167.1 the following: The provisions of this section shall apply only where adopted by local act.

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

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

N Colwell N Connell YCox Y Crawford
N Crews Y Culbreth N Cummings
Davis, G N Davis, M Y Dickinson NDix N Dixon, H N Dixon, S
N Dobbs Y Ehrhart
Epps E Evans Y Felton N Floyd, J.M N 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 Y Hegstrom
N Hembree Y Henson Y Holland Y Holmes

Howard N Hudson
N Hughes Y Hugley N Irvin
N James Y Jamieson N Jenkins Y Johnson, D.H
N Johnson, E N Johnson, G
N Johnson, J
N Johnston
Y Jones N Joyce
NKaye N Kinnamon
N Klein NLadd Y Lakly Y 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
Y Milam N Mills

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

On the adoption of the amendment, the ayes were 91, nays 78. The amendment was adopted.

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

The following amendment was read:

Representative Stancil of the 16th moves to amend the Floor substitute to HB 1950 as follows:
Line 15 page 2 change "1" to "10" percent line 17 page 2 change "500" to "1000".

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

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

N Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown
YBuck Y Buckner N Bunn

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

Y Channel!
N Childers N Clark N Coker Y Coleman, B Y Coleman, T N Colwell N Connell YCox Y Crawford

N Crews N Culbreth Y Cummings
Davis, G N Davis, M Y Dickinson
YDix N Dixon, H N Dixon, S N Dobbs

WEDNESDAY, MARCH 2, 1994

1635

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

Y Irvin N James Y Jamieson N Jenkins
Johnson, D.H Y Johnson, E N Johnson, G
N Johnson, J
N Johnston
Y Jones N Joyce Y Kaye N Kinnamon N Klein YLadd Y Lakly N Lane, D N Lane, R Y Lawrence N Lawson N Lee N Lewis Y Lord Y Lucas N Maddox Y Mann

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

N Purcell, A N Purcell, B Y Randall
N Randolph NRay N Reaves Y Reichert Y Roberts Y Royal N Scoggins Y Shanahan N Sherrill N Shipp
Y Simpson Y Sinkfield N Skipper Y Smith, C Y Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W
Y Smyre YSnow
N Stancil, F Y Stancil, S

N 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 Y Turnquest N Twiggs N Vaughan N Walker N Wall N Watson
N Watts N Westmoreland
White N Williams, B N Williams, R
Y Yates Yeargin Murphy, Spkr

On the adoption of the amendment, the ayes were 88, nays 81. The amendment was adopted.

Representative Byrd of the 170th moved that the House reconsider its action in adopting the Cauthorn amendment.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

On the motion, the ayes were 75, nays 94.

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

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

1636

JOURNAL OF THE HOUSE,

The motion was lost.
The following amendment was read:
Representative Stephenson of the 25th moves to amend the Floor substitute to HB 1950 as follows:
Page 2, line 18 after the word less, provided however that a minimum of 200 signatures is required.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield N Birdsong Y Bordeaux 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 N 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
Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
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
N 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 N 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
Mann Y Martin Y McBee Y McClinton Y McKinney Y Milam
Y Mills

N Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller
E Oliver N 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 N 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

On the adoption of the amendment, the ayes were 157, nays 15. The amendment was adopted.

Y Smith, C Y Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W
N Smyre Y Snow
Y Stancil, F Y Stancil, S N Stanley, L Y Stanley, P Y Stephenson N Streat N Taylor Y Teague Y Teper Y Thomas Y Tillman N Titus Y Towery Y Trense Y 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

The following amendment was read:

Representative Bunn of the 74th moves to amend the Floor substitute to HB 1950 as follows:
Page 1 - line 17 add after (a) the following:
Any person who resides within a county or municipal entity which operates a public school system, must address any objections to materials used in that system by following the written policy of the Board of Education for addressing such complaints.
If that person wishes to appeal the results of the outcome of following the Board of Education policy then...

WEDNESDAY, MARCH 2, 1994

1637

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

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

N Colwell
N Connell
Cox Y Crawford N Crews N Culbreth N Cummings
Davis, G N Davis, M
Y Dickinson
N Dix N Dixon, H N Dixon, S N Dobbs N Ehrhart
Epps E 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 N Harris, M
NHart N Heard Y Hegstrom N Hembree Y Henson N Holland Y Holmes

Howard Y Hudson
N Hughes Y Hugley
N Irvin
N James N Jamieson N Jenkins
Johnson, D.H N Johnson, E
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
N McBee N McClinton N McKinney
Milan) N Mills

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

On the adoption of the amendment, the ayes were 40, nays 124. The amendment was lost.

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

The following amendment was read:

Representative Smith of the 175th moves to amend the Floor substitute to HB 1950 as follows:
By striking from page 2 line 16 the words "who voted in" and adding the words "qualified to vote in the school system during".

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
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks, D

Y Brooks, T N 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

N Channell
Y Childers
Y Clark Coker
Y Coleman, B Y Coleman, T Y Colwell
Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M

Y Dickinson Y Dix Y Dixon, H Y Dixon, S
Y Dobbs
Y Ehrhart
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
Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hughes

1638

JOURNAL OF THE HOUSE,

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 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 N Purcell, B
Y Randall Y Randolph YRay Y Reaves Y Reichert
Y Roberts Y Royal N Scoggins

Y Shanahan Y Sherrill Y Shipp
Y Simpson Y Sinkfieid Y Skipper Y Smith, C Y Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W
Y Smyre YSnow Y Stancil, F Y Stancil, S N Stanley, L Y Stanley, P
N Stephenson N Streat Y Taylor

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

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

The following amendment was read:

Representative Smith of the 175th moves to amend the Floor substitute to HB 1950 as follows:
By striking from page 2 line 18 the word "less" and inserting the word "greater".

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

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

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

Howard Y Hudson N Hughes
Y Hugley N Irvin
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 N Lucas N Maddox
N Mann Y Martin
N McBee Y McClinton Y McKinney N Milam N Mills

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

Y Smith, C Y Smith, L N Smith, P N Smith, T
N Smith, V Y Smith, W
N Smyre N Snow N Stancil, F
N Stancil, S N Stanley, L
Y Stanley, P N 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 N Wall N Watson N Watts N Westmoreland Y White N Williams, B N Williams, R Y Yates N Yeargin
Murphy, Spkr

WEDNESDAY, MARCH 2, 1994

1639

On the adoption of the amendment, the ayes were 64, nays 107. The amendment was lost.

The following amendment was read:

Representative Brooks of the 103rd moves to amend the Floor substitute to HB 1950 as follows:
Add subsection (e):
No local school board shall be required to have more than two (2) hearings annually.

On the adoption of the amendment, 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 N Benefield N Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown
YBuck Y Buckner
Y Bunn N Burkhalter NByrd N Campbell
N Canty Y Carlisle N Carrell N Carter Y Cauthorn
Chambless N Chandler Y Channel!
Y Childers N Clark N Coker N Coleman, B Y Coleman, T

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

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

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

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

On the adoption of the amendment, the ayes were 88, nays 83. The amendment was adopted.

The following amendment was read:

Representative Mills of the 21st moves to amend the Floor substitute to HB 1950 as follows:
On page 3, line 8 adding the following after the word "minors":
", including a book or media which advocates a violation of the criminal laws of Georgia".

1640

JOURNAL OF THE HOUSE,

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

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

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

Howard Y Hudson Y Hughes
Y Hugley
N Irvin
Y James
N 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 Y Ladd Y Lakly N Lane, D Y Lane, R Y Lawrence
Y Lawson Y Lee Y Lewis Y Lord
Lucas Y Maddox Y Mann N Martin
McBee N McClinton Y McKinney Y Milam
Y Mills

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

On the adoption of the amendment, the ayes were 108, nays 55. The amendment was adopted.

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

Representative Lane of the 55th moved that the House reconsider its action in adopting the Brooks amendment.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Carlisle
N Carrell Y Carter Y Cauthorn N Chambless Y Chandler N Channell Y Childers Y Clark Y Coker Y Coleman, B N Coleman, T Y Colwell Y Connell NCox
N Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M N Dickinson NDix N Dixon, H

Y Dixon, S Y Dobbs N Ehrhart
Epps E Evans N Felton Y Floyd, J.M N Floyd, J.W N Godbee N Golden N Goodwin Y Greene N Groover N Hammond Y Hanner Y Harris, B Y Harris, M
N Hart N Heard N Hegstrom
Y Hembree N Henson Y Holland
N 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 N Jones
Y Joyce NKaye Y Kinnamon Y Klein
YLadd N Lakly Y Lane, D
N Lane, R N Lawrence Y Lawson

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

WEDNESDAY, MARCH 2, 1994

1641

N Pelote N Perry Y Pinholster YPoag N Polak N Porter N Poston Y Powell N Purcell, A Y Purcell, B N Randall N Randolph

YRay Y Reaves N Reichert N Roberts Y Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield
Y Skipper

N Smith, C Y 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 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 Y Twiggs

Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland N White Y Williams, B Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 78, nays 92. The motion was lost.

Representative Walker of the 141st moved that the House reconsider its action in adopting the Mills amendment.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Colwell Y Connell NCox N Crawford N Crews Y Culbreth Y Cummings
Davis, G N Davis, M Y Dickinson NDix Y Dixon, H
Y Dixon, S Y Dobbs N Ehrhart
Epps E Evans N 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 N Harris, M YHart N Heard Y Hegstrom N 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
N Johnson, E N Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye N Kinnamon N Klein N Ladd N Lakly
Y Lane, D Y Lane, R N Lawrence N Lawson N Lee N Lewis YLord
Lucas Y Maddox N Mann Y Martin N McBee Y McClinton N McKinney Y Milam
N Mills

Y Mobley, B
N Mobley, J N Moore N Mosley
N Mueller E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish N Patten Y Pelote Y Perry N Pinholster NPoag Y Polak Y Porter Y Poston Y Powell
Y Purcell, A N Purcell, B N Randall N 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 N 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 N 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 N Wall
Y Watson N Watts N Westmorland Y White N Williams, B
N Williams, R N Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 105, nays 65. The motion prevailed.

On the re-adoption of the Mills 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
Barnes

N Bates N Benefield N Birdsong N Bordeaux

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

Brown N Buck Y Buckner Y Bunn

1642

JOURNAL OF THE HOUSE,

Y Burkhalter YByrd Y Campbell N Canty Y Carlisle N Carrell Y Carter
N Cauthorn N Chambless Y Chandler N Channell N Childers N Clark N Coker Y Coleman, B N Coleman, T N Colwell
N Connell YCox N Crawford Y Crews
N Culbreth
N Cummings
Davis, G Y Davis, M N Dickinson YDix
N Dixon, H Y Dixon, S
N Dobbs Y Ehrhart
Epps

E Evans N Felton N Floyd, J.M N Floyd, J.W N Godbee N Golden N Goodwin
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 Howard
N Hudson N Hughes N Hugley N Irvin
N James N 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 Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
N Lord
N Lucas Y Maddox YMann N Martin N McBee N McClinton Y McKinney Y Milam Y Mills
N Mobley, B N Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal
N Orrock

N Padgett E 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 Y 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 Smith, C
N Smith, L N Smith, P Y 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 Y 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 Y Wall
N Watson Y Watts Y Westmoreland N White Y Williams, B Y Williams, R
Y Yates N Yeargin
Murphy, Spkr

On the re-adoption of the Mills amendment, the ayes were 59, nays 107. The amendment was lost.

The Floor substitute, as amended, was adopted.

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

Y Ashe Y Atkins Y Bailey N Baker
Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux
Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown Y Buck Y Buckner
Y Bunn Y Burkhalter Y Byrd Y Campbell
Y Canty N Carlisle Y Carrell Y Carter Y Cauthorn

N ChamblesB
Y Chandler N Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T Y Colwell Y Connell
N Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
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 N Hart N Heard N Hegstrom Y Hembree Y Henson Y Holland N Holmes
Howard Y Hudson Y Hughes
Y Hugley Y Irvin
Y James N Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J

Y Johnston N Jones Y Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson
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 E Oliver Y O'Neal N Orrock
Y Padgett E Parham Y Parrish N Patten
N Pelote N Perry Y Pinholster
YPoag N Polak N Porter
Y Poston 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

WEDNESDAY, MARCH 2, 1994

1643

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

Y Stephenson Y Streat Y Taylor N Teague N Teper N 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, by substitute, as amended, the ayes were 133, nays 37.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1046 Do Pass
Respectfully submitted, /s/ Lee of the 94th
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 following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1149 Do Pass HR 555 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Agriculture and referred to the Committee on Natural Resources and Environment.

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 Annotated, 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.

The Speaker Pro Tern assumed the Chair.

1644

JOURNAL OF THE HOUSE,

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

HB 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 Annotated, 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.

The following Committee substitute was read:

A BILL
To amend Code Section 15-6-67 of the Official Code of Georgia Annotated, 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; to delete certain provisions relating to additional specifications and standards; to require the recording of certain maps and plats; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats and specifications related thereto, is amended by striking subsections (b) and (c) of said Code section and inserting in lieu thereof new subsections (b) and (c) and inserting a new subsection (e) to read as follows:
"(b) Maps or plats to be filed and recorded in the office of the clerk of the superior court shall be prepared in accordance with the following minimum standards and specifications:
(1) MATERIAL. (A) Any such maps or plats shall be a good legible print copy, such as a blue,
white, or other commercial print reproduced from a tracing made in India ink en a commercial grade of tracing cloth, tracing film, er tracing pape* an original.
(B) The minimum line widths and letter or character heights delineated on such maps or plats shall be as follows:
(i) Maps or plats drawn on 8 1A inch by 11 inch or 8 Vz inch by 14 inch tracings shall have a minimum line width of 0.010 inches and a minimum letter or character height of 0.080 inches;
(ii) Maps or plats drawn on 11 inch by 17 inch tracings shall have a minimum line width of 0.010 inches and minimum letter or character height of 0.090 0.080 inches; or
(iii) Maps or plats drawn on 17 inch by 22 inch or 24 inch by 36 inch tracings shall have a minimum line width of 0.013 inches and a minimum letter or character height of &096 0.080 inches. (C) In counties using microfilming procedures, when a map or plat is filed for record the original tracing drawing, which shall not be larger than 24 inches by 36 inches, shall be submitted to the clerk for microfilming and a legible print copy, which shall not be larger than 17 inches by 22 inches, shall be filed for record; provided, however, that a full-size positive print copy of the original may be tendered and used for microfilming. The clerk shall enter the filing date, plat book number, and page number on the original tracing drawing and return the tracing original drawing to the land surveyor or the person filing the same for record; (2) CAPTION. The maps or plats shall have a title or name which shall be contained in the caption, and the caption shall also provide the following information: (A) The county, city, town, or village, land district and land lot, and subdivision, if the property lies within a particular subdivision; (B) The date of plat preparation;

WEDNESDAY, MARCH 2, 1994

1645

(C) The scale, stated and shown graphically; and
(D) The namej address, telephone number, and registration number of the land surveyor and his registration number or the statement that he is the county surveyor and is not required by law to be a registered surveyor; and
(E) All reproductions of original maps or plats shall bear the original signature, in red ink, of the registrant placed across the registration seal in order to be a valid or recordable map or plat. (3) SIZE. Maps or plats shall not be less than 8 '/a inches by 11 inches and not larger than can be recorded without folding;
(4) DATA. Maps or plats shall be made in a professional manner and in accordance with the standards of good drafting procedures and shall show the following information, as specified:
(A) All maps or plats shall show the direction and distance from a point of reference to a point on the boundary of the individual survey, and such additional data as may be required to relocate the boundary point from the point of reference with the same degree of accuracy required of the parcel surveyed. The point of reference shall be an established, monumented position which can be identified or relocated from maps, plats, or other documents on public record;
(B) All maps or plats of boundary surveys or subdivision surveys shall show bearings of all lines er angles at aH corners and angle points of the boundary or lot lines, and distances of all boundary or lot lines, and area of the parcels expressed in acres or square feet;
(C) All maps or plats of boundary surveys shall show the closure precision of the field survey as the ratio of one foot to the traversed distance in which an error of one foot would occur and a statement as to the method of adjustment. The closure may be stated as follows:
'The field data upon which this map or plat is based has a closure precision of one foot in ________ feet, and an angular error of ________ per angle point, and was adjusted using ________ rule'; (D) All maps or plats of boundary surveys shall show the closure precision of the data shown on the map or plat. The closure may be stated as follows:
'This map or plat has been calculated for closure and is found to be accurate within one foot in ________ feet';
(E) All maps or plats shall show the width and the former widths, if pertinent, of all rights of way adjacent to or crossing the property or adjacent to any point of reference;
(F) All maps or plats shall show easements and apparent encroachments, if pertinent;
(G) In the case of curved lines, pertinent data must fee given for regular curves the curve shall be defined by curve data to include the radius, arc length, chord bearing, and distance for regular curves. Chord distances and directions shall be given for irregular curves;
(H) All land lot lines, land district lines, land section lines, and citVj and county2 and state boundaries intersecting or adjacent to the surveyed property shall be indicated by lines drawn upon the map or plat with appropriate words and figures;
(I) All corner markers and markers of pertinent reference points shall be fully described and indicated as to their material or types and shall be constructed of a permanent material such as iron, steel, concrete, or stone;
(J) An arrow shall be shown on the map or plat to indicate the principal merid-
ian, and a notation shall be made as to the reference of bearings to magnetic north, astronomic north, or grid north. A grid north reference shall indicate the zone;
(K) All linear distances shown on maps or plats shall be horizontal;
(L) All angular directions shown on maps or plats shall be represented in
degrees and minutes. Where plats state or surveys require accuracy in excess of 1 in 5,000, the angular directions shall be represented in degrees, minutes, and seconds. All angular directions shall be referenced to the principal meridian;

1646

JOURNAL OF THE HOUSE,

(M) A statement shall be shown on the map or plat to indicate the type of equipment used to obtain the linear and angular measurements used in the preparation of the map or plat; and
(N) All maps or plats shall show the state plane coordinates of at least two permanent monuments thereon, when a National Geodetic Survey monument is within 500 feet of any point on the property mapped or platted, or any point of reference shown thereon. \c) ~x lie ictiiUL^& ooH'iftincu tift tins wOQG section does not itt flny wsy iiiotiiiy or
spccitic provisions ift county , in un ici pfti , of otiicr stfltc stfttutcs tno pcuis wfiicii FCQUWC iii^ricr fDimnmm Stdndflrcis Lft i spcciiiCftt'iO'flS; HH wnicn cftsc sueft specific provisions shall govern. If the plat meets the requirements of subsection (b) of this Code section, it shall be the duty of the clerk of the superior court to file and record such map or plat or blueprint, tracing, photostatic copy, or other copy of a map or plat." "(e) Notwithstanding any of the provisions of subsections (b) and (c) of this Code section, any map, plat, or drawing referred to in a deed, conveyance, or affidavit shall be recorded without regard to the method of preparation or content."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Lawrence of the 64th moves to amend the Committee substitute to HB 1458 as follows:
By deleting line 29 through 33, page 6.

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 Bordeaux
N Bostick N Breedlove N Brooks, D N Brooks. T N Brown NBuck Y Buckner Y Bunn N Burkhalter
N Byrd Campbell
N Canty N Carlisle
N Carrell N Carter N Cauthorn
N Chambless N Chandler
N Channell N Childers
N Clark Y Coker Y Coleman, B
Coleman, T

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

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

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

N Smith. C N Smith, L N Smith, P
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 N Towery N Trense N Turnquest Y Twiggs N Vaughan N Walker N Wall N Watson
N Watts N Westmorland N White N Williams, B
Y Williams, R Y Yates N Yeargin
Murphy, Spkr

WEDNESDAY, MARCH 2, 1994

1647

On the adoption of the amendment, the ayes were 35, nays 109. The amendment was lost.

Due to a mechanical malfunction, the vote of Representative Purcell of the 147th was not recorded on the preceding roll call. She 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 1458 as follows:
P. 1 line 17 change "shall" to "should".

The Committee substitute, as amended, was adopted.

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

Y Ashe
Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, U 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
Davis, G Y Davis, M Y Dickinson YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Epps E Evans Y 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 Y 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 N 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 Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley
Y Mueller E Oliver
O'Neal Y Orrock Y Padgett E 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
Ray Reaves Y Reichert Y 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 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 N Twiggs Y Vaughan Y Walker Y Wall Y Watson
Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

1648

JOURNAL OF THE HOUSE,

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 appointment of clerks; to provide for the superintendent to appoint clerks.

The following amendment was read:

Representative Ehrhart of the 36th moves to amend HB 1422 by striking line 1 of page 1 and inserting in its place the following:
"To amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to deputy registrars and clerical help, so as to provide that certain educators who are deputy registrars for the purpose of registering students and employees may designate persons to perform such duties; to provide that such designees shall be electors of this state; to amend Article 2 of Chapter 3 of Title 21 of the".
By inserting between lines 11 and 12 of page 1 the following:
"Section 1. Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to deputy registrars and clerical help, is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection to read as follows:
'(c) Each principal or assistant principal of every public or private high school, the president of every public or private college or university, er his dcaigncc, and the director of each area vocational school in this state and any designee of any such principal, president, or director shall be a deputy to the board of registrars for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or the president's college or university or who are employed by the private high school or by the school system or by the college or university. Any such designees shall be electors of this state. Notwithstanding any other provision of law, in high schools, colleges or universities, or area vocational schools which are attended by students who reside outside of the county in which the school, college, or university is located, the principal or assistant principal of such high school, the president of such college or university or his dcaigncc, and the director of such area vocational schoolj and any designee of such principal, president, or director are authorized to register each qualified applicant who is enrolled as a student in the school, college, or university on behalf of such student's respective county of residence. Such principals, assistant principals, presidents ef dcaignccs, and directors or their designees shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, and the director of each area vocational school are authorized to invite a deputy registrar to the school, college, or university to register as electors those persons whom the principal, president or designee, or director would be authorized to register under this subsection. Code Section 21-2-213 shall not apply to the principal or assistant principal of any public or private high school, the president of any public or private college or university er his dcsignoe, er the director of any area vocational school^ or any designee of any such principal, president, or director who serves as a deputy registrar by virtue of this subsection.'"
By redesignating Sections 1, 2, 3, and 4 as Sections 2, 3, 4, and 5.

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

WEDNESDAY, MARCH 2, 1994

1649

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

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

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

Mobley. B Y Mobley. J Y Moore
Y Mosley Y Mueller E Oliver
O'Neal N Orrock Y Padgett E Parham N Parrish
Patten
Y Pelote N Perry Y Pinholster Y Poag N Polak
Purler Y Ponton Y Powell N Purcell, A
Y Purcell, B N Randall Y Randolph N Ray Y Reaves N Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan
Sherrill Y Shipp
Simpson Sinkfield
N Skipper

On the adoption of the amendment, the ayes were 99, nays 47. The amendment was adopted.

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

The following amendment was read:

Representative Thomas of the 100th moves to amend HB 1422 by inserting on line i of page 1 between the word and symbol "located;" and the word "to" the following:
"to change the time period between the primary or election and the runoff after the day of holding the first primary or election;".
By inserting between lines 12 and 13 of page 2 the following:
"Section 3. Code Section 21-3-407 of the Official Code of Georgia Annotated, relating to vote required for nomination or election in municipalities, is amended by striking subsection (b) in its entirety and inserting the following:
'(b) In instances in which no candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Seh In the case of a general primary or general election, such runoff shall be held net earlier than the fourteenth day ttftd set later than on the twenty-first day after the day of holding the first primary or election, en ft date specified fey ordinance ef resolution, unless such run-off date is postponed by court order. In the case of a special primary or special election, such runoff shall be held not earlier than the fourteenth day and not later than the twenty-first day after the holding of the first special primary or special election, on a date specified by ordinance or resolution, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that

1650

JOURNAL OF THE HOUSE,

no elector shall vote in a run-off primary in violation of Code Section 21-3-136. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he or she seeks shall be declared the winner.'"
By redesignating Sections 3 and 4 as Sections 4 and 5.

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

Y Ashe Y Atkins Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks. D
Y Brooks, T Brown
Y Buck Buckner Bunn
N 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 Connell
YCox Y Crawford
Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H Y Dixon, S
Dobbs Ehrhart 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 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 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
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
Patten Y Pelote Y Perry Y Pinholster
Y Poag Y Polak
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

On the adoption of the amendment, the ayes were 151, nays 1. 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 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
White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

The following amendment was read and adopted:

Representative Harris of the 112th moves to amend HB 1422 by inserting after "amend" on line 1 of page 1 the following:
"Part 4 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to poll officers, so as to provide that no person holding elective office shall be eligible to be appointed as a poll officer; to amend".
By inserting on line 8 of page 1 after "located;" the following:

WEDNESDAY, MARCH 2, 1994

1651

"to provide that no person holding elective office shall be eligible to be appointed as a poll officer;".
By inserting between lines 11 and 12 of page 1 the following:
"Section 0.5. Part 4 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to poll officers, is amended by striking Code Section 21-2-92, relating to qualifications of poll officers, in its entirety and inserting in lieu thereof the following:
'21-2-92. Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No poll officer shall be eligible for any nomination or public office er to be voted for at a primary or election at which he or she shall serve. However, a peH officer may serve k
the party conducting th primary. No person holding any elective office shall be eligible to be appointed as or to serve as a poll officer.'".
By striking lines 6 through 12 of page 2 in their entirety and inserting in lieu thereof the following:
'"(a) Poll officers shall be electors of the municipality in which they are appointed or the county in which the municipality is located and shall be able to read, write, and speak the English language. No poll officer shall be eligible te for any nomination or public office to be voted for at a primary or election in which he or she shall serve. No person holding any elective office shall be eligible to be appointed as or to serve as a poll officer.'".

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
Bostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown
Y Buck Buckner
Y Bunn Y Burkhaiter YByrd Y Campbell Y Canty N Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers

Y Clark
Y Coker Y Coleman, B Y Coleman, T Y Colwell
Connell YCox Y Crawford Y Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S
Dobbs Ehrhart
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
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
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

NLee Y Lewis
YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee N 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 Y Poag 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
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 N Teague

1652

JOURNAL OF THE HOUSE,

N 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
White Y Williams, B

Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 153, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 Annotated, relating to jurisdiction of the Department of Corrections and designation 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction of the Department of Corrections and designation of place of confinement of inmates, so as to authorize a sentencing judge to designate a county jail as the place of confinement for a convicted felon if certain conditions are met; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction of the Department of Corrections and designation of place of confinement of inmates, is amended by striking subsections (b) and (d) and inserting in their place new subsections (b) and (d), respectively, to read as follows:
"(b) Where any person is convicted of any offense, misdemeanor, or felony and sentenced to serve time in any penal institution in this state other than as provided in subsection (a) of this Code section, he that person shall be committed to the custody of the commissioner who, with the approval of the board, shall designate the place of confinement where the sentence shall be served] provided, however, that the sentencing judge shall be authorized to designate the place of confinement of a convicted felon as a county jail if the sheriff consents to such designation and the period of confinement does not exceed two years."
"(d) Notwithstanding taty language Unless otherwise provided in the sentence as passed by the court as authorized by subsection (b) of this Code section, the commissioner may designate as a place of confinement any available, suitable, and appropriate state or county correctional institution in this state operated under the jurisdiction or supervision of the department. The commissioner shall also have sole authority to transfer inmates from one state or county correctional institution in this state to any other such institution operated by or under the jurisdiction or supervision of or approved by the board. Neither male nor female state inmates shall be assigned by the commissioner to serve in any manner in a county jail unless they are participating in a state sponsored project and have the approval of the commissioner and the sheriff or the jail administrator of the county. Furthermore, the commissioner may transfer to the Attorney General of the United States for confinement any inmate if it is determined that the custody, care, treatment, training, or rehabilitation of the inmate has not been adequate or in the best interest of the inmate or his the inmate's fellow inmates. The commissioner is authorized to contract with the Attorney General of the United States for the custody, care, subsistence, housing, treatment, training, and rehabilitation of such inmates."

WEDNESDAY, MARCH 2, 1994

1653

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe 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
YBuck Buckner
Y Bunn Y Burkhalter V Byrd Y Campbell Y Canty Y Carlisle
Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Connell
YCox Y Crawford Y Crews
Y Culbreth Cummings
Davis, G Y Davis, M
Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
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 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
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 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
Patten Y Pelote Y Perry Y Pinholster
Poag 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
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 Turnquest
Y Twiggs Y Vaughan Y Walker Y Wall
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 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker assumed the Chair.

HB 1892.

By Representatives Chambless 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 Annotated, relating to general provisions relative to torts, so as to provide for immunity for certain resident physicians and supervising physicians participating in residency training programs.

Representative Poag of the 6th moved that HB 1892 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

1654
N Ashe Y Atkins
Bailey N Baker Y Bannister N Barfoot Y Bargeron N Barnes N Bates N Benefield Y Birdsong Y Bordeaux N Bostick N Breedlove
Brooks. D Y Brooks, T Y Brown N Buck N Buckner Y Bunn N Burkhalter N Byrd
Campbell Y Canty N Carlisle N Carrell N Carter Y Cauthorn N Chambless N Chandler Y Channell N Childers N Clark N Coker Y Coleman, B
Coleman, T

JOURNAL OF THE HOUSE,

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

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

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

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

On the motion, the ayes were 73, nays 82. The motion was lost.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity for certain resident physicians participating in certain residency training programs; to provide for exceptions; to provide for limited waiver of such immunity; to require certain hospital authorities to purchase or provide liability insurance protection, self-insurance protection, the protection of a contingency reserve fund, contractual indemnification backed by such protection, or a combination thereof; to provide for requirements relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended by striking Code Section 51-1-38, relating to tort immunity for medical students and exceptions thereto, and inserting in lieu thereof a new Code Section 51-1-38 to read as follows:
"51-1-38. (a) No student who participates in the provision of medical care or medical treatment under the supervision of a medical facility, academic institution, or doctor of medicine, as a part of an academic curriculum leading to the award of a medical degree, shall be liable for any civil damages as a result of any act or omission in such participation, except for willful or wanton misconduct.
(b) The immunity provided by subsection (a) of this Code section shall extend to:

WEDNESDAY, MARCH 2, 1994

1655

(1) Resident physicians participating in residency training programs operated by hospital authorities or on hospital authority premises for the provision by such resident physician of medical care and treatment to the patients of said hospital authority; and
(2) The hospital authority and academic institution employing or utilizing the resident physician described in paragraph (1) of this subsection. (c) The immunity provided by subsection (b) of this Code section shall be waived as to those actions or claims for the recovery of damages for which liability insurance protection, self-insurance protection, or a contingency reserve fund has been provided, but only to the extent of any such protection which is provided. (d) Each hospital authority operating a residency physician training program on hospital authority premises in which resident physicians are participating and through which medical care and treatment is provided by resident physicians to the hospital authority's patients shall be required to purchase or otherwise provide liability insurance protection, self-insurance protection, the protection of a contingency reserve fund, contractual indemnification backed by such protection, or a combination thereof, in the minimum amount of $1 million per claim and $3 million in the annual aggregate for causes of action arising out of medical care and treatment as described m subsection (b) of this Code section. {b} (e) Subsection (a) of this Code section shall not be construed to affect or limit the liability of a medical facility, academic institution, or doctor of medicinej except as described in subsections (b), (c), and (d) 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 Chambless of the 163rd moves to amend the Committee substitute to HB 1892 as follows:
Page 2 line 8 between "authority" and ";" insert the following:
"provided, however, the immunity provided by this subsection (b) shall be applicable only to residents in residency training programs at institutions where the authority has at least 200 or more residents in training programs"
and on page 2 line 20 between "program" and "on" insert the following:
"whose residents are subject to subsection (b) of this Code section".

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
Barfoot
N Bargemn N Barnes Y Bates
N Benefield N Birdsong Y Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T N Brown Y Buck N Buckner N Bunn

Y Burkhalter
N Byrd
Campbell N Canty Y Carlisle Y Carrell
N Carter N Cauthorn Y Chambless
Y Chandler Y Channell Y Childers N Clark Y Coker N Coleman, B N Coleman, T N Colwell
Connell Y Cox N Crawford

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

N Groover
N Hammond
Hanner Y Harris, B N Harris, M Y Hart
N Heard N Hegstrom Y Hembree
Y Henson Y Holland N Holmes
Howard Y Hudson N Hughes Y Hugley N Irvin N James N Jamieson Y Jenkins

N Johnson, D.H
Johnson, E
Johnson, G N Johnson, J N Johnston
Jones
N Joyce N Kaye Y Kinnamon
Y Klein N Ladd Y Lakly N Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee N Lewis Y Lord N Lucas

1656
N Maddox Y Mann Y Martin Y McBee N McClinton
McKinney Milam Y Mills N Mobley. B N Mobley, J N Moore Y Mosley N Mueller E Oliver N O'Neal Y Orrock

JOURNAL OF THE HOUSE,

N Padgett
E Parham
N Parrish Patten
Y Pelote Y Perry N Pinholster
N Poag Y Polak
N Porter
Y Poston
Y Powell
N Purcell, A N Purcell, B N Randall N Randolph

N Rav N Reaves N Reichert N Roberts Y Royal Y Scoggins N Shanahan
N Sherrill
N Shipp
Y Simpson Y Sinkfield Y 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 N Stanley, L N Stanley, P
N Stephenson
N Streat N Taylor
Y Teague Y Te'per
Y Thomas N Tillman Y Titus

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

On the adoption of the amendment, the ayes were 69, nays 91. The amendment was lost.

The Committee substitute was adopted.

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

Y Ashe N Atkins N Bailey Y Baker Y Bannister Y Barfoot
Y' Bargeron
Y Barnes Y Bates N Benefield N Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks, U
N Brooks. T
N Brown
Y Buck
Y Buckner N Bunn Y Burkhalter N Byrd
Campbeli
N Canty
Y Carlisle
Y Carrell Y Carter N Cauthorn Y Chambless Y Chandler Y' Channell Y Childers
Y Clark
Y Coker
Y Coleman, B
Y Coleman, T

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

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

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

N Smith. C N Smith, L Y Smith, P N Smith, T
N Smith, V Y Smith, W Y Smyre Y Snow Y Stancil, F N Stancil, S
N Stanley, L Stanley, P
N Stephenson Y Streat Y Taylor Y Teague N Teper Y Thomas N Tillman
Y Titus N Towery
Y Trense N Turnquest N Twiggs N Vaughan Y Walker N Wall Y Watson
Y Watts Y Westmoreland
N White Y Williams, B N Williams, R Y Y'ates Y Y'eargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 96, nays 69.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, MARCH 2, 1994

1657

HB 1860.

By Representative Williams of the 114th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, so as to raise the continuing education hours required from 12 to 18.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 1860 as follows: On line 15 of page 1 change "18" to "14".

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
Benefield Y Birdsong
Y Bordeaux Bostick
N Breedlove Y Brooks, D N 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 Colwell Y Connell YCox V Crawford Y Crews N Culbreth Y Cummings
Davis, G Y Davis, M
Dickinson Y Dix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart
Epps E Evans
Y Felton Y Floyd, J.M Y Floyd, J.W
God bee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris, B Y Harris, M
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
Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
YKaye Y Kinnamon Y Klein
Y Ladd Y Lakly Y Lane, D
Lane, R Y Lawrence Y Lawson
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
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
Sbipp 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
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 152, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 Annotated, 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.

1658

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
Y Coleman, B Coleman, T

Y Colwell Y Connell Y Cox Y Crawford Y Crews Y Culbreth
Y Cummings Davis, G
Y Davis, M Dickinson
Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
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
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
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 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 Moore
Y Mosley Y Mueller E Oliver Y O'Neal
Orrock Y Padgett E 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 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
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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HR 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.

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

HR 124. By Representative Holland of the 157th: A resolution compensating Mr. Walter Lewis.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 124 by striking line 2 of page 2 and inserting the following:

WEDNESDAY, MARCH 2, 1994

1659

"pay the sum of $6,100.00 to Mr. Walter Lewis as".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T 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 Davis, G
Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Epps E Evans
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 Y Henson Y Holland
Holmes

Howard Y Hudson
Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H 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, R Y Lawrence
Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox Y Mann Y Martin
Y McBee Y McClinton
McKinney Y Mi lam
Y Mills

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 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 Y Watts Y Westmoreland Y White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 160, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, amended.

HR 259. By Representatives Breedlove of the 85th and Carrell of the 87th: A resolution compensating Mr. Jimmy Helton.

The following Committee substitute was read and adopted:

A RESOLUTION
Compensating Mr. Jimmy Helton; and for other purposes.
WHEREAS, on April 9, 1991, Mr. Jimmy Helton was driving his 1989 Ford Probe on Spring Street in Walton County; and
WHEREAS, as he approached the State Highway 138 intersection, the aerial road sign across Spring Street smashed into Mr. Helton's automobile; and
WHEREAS, Mr. Helton suffered property damage to his automobile in the amount of $200.00; and

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JOURNAL OF THE HOUSE,

WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Helton, and it is only fitting and proper that he be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $200.00 to Mr. Jimmy Helton as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

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

Y Colwell 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 E Evans
Felton Y Floyd, J.M
Floyd, J.W
Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond
Manner Y Harris, B Y Harris, M
YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Holmes

Howard Y Hudson Y Hughes Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins
Johnson, D.H 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 YLee Y Lewis YLord Y Lucas Y Maddox Y 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
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 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 Street 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 adoption of the Resolution, by substitute, the ayes were 160, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 339. By Representative Groover of the 125th: A resolution compensating Ms. Shirley Selph.

The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 339 by striking lines 12 and 13 of page 1 and inserting the following:
"incurred medical expenses totaling $8,000.00 and is requesting $5,000.00 for pain and suffering; and".

WEDNESDAY, MARCH 2, 1994

1661

By striking line 19 of page 1 and inserting the following: "authorized and directed to pay the sum of $13,000.00 to Ms.".

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks. T Y Brown Y Buck 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
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 E Evans
Felton
Y Floyd, J.M Floyd, J.W
Y Godbee Y Golden Y Goodwin
Y Greene Y Groover Y Hammond
Manner Y Harris, B
Y Harris, M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Holmes

Howard Y Hudson
Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H 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 YLord Y Lucas Y Maddox YMann 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
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
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 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 adoption of the Resolution, as amended, the ayes were 160, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 767. By Representative Ehrhart of the 36th: A resolution compensating Mr. Louis Horn III.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot

Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong 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

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JOURNAL OF THE HOUSE,

Y Channel! Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T Y Colwell
Connell
YCox Y Crawford Y Crews
Y Culbreth Y Cummings
Davis, G
Y Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart Y Epps E 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
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 Johnson, D.H 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
YLord Y Lucas Y Maddox Y 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
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 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 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 160, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 906. By Representative Scoggins of the 24th: A resolution compensating Mr. Nelson 0. Scoggins.

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

Y Ashe Y Atkins Y Bailey Y Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
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 Channel!
Y Childers Y Clark
Y Coker Y Coleman, B Y Coleman, T Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth
Y Cummings Davis, G
Y Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps E 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
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
Johnson, D.H Johnson, E 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
YMann
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
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 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

WEDNESDAY, MARCH 2, 1994

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 Y Turnquest Y Twiggs
Y Vaughan Y Walker
Y Wall Y Watson

1663
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 160, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 926. By Representative Simpson of the 101st: A resolution compensating Mr. James C. Cook.

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

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

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps E Evans
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
Y Henson
Y Holland
Holmes

Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H 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 YLord Y Lucas Y Maddox Y 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 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 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 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 adoption of the Resolution, the ayes were 160, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE HOUSE,

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.

The following Committee substitute was read and withdrawn:

A BILL

To amend Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to change the manner in which certain security instruments shall be canceled of record; to change time periods at which certain reversions shall occur; to provide for notice; to change procedures regarding cancellation; 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 14 of Title 44 of the Official Code of Georgia Anno-

tated, relating to conveyances to secure debt and bills of sale, is amended by striking Code

Section 44-14-67, relating to cancellation of deed and title reconveyance, and inserting in

its place a new Code Section 44-14-67 to read as follows:

"44-14-67. (a) In all cases where property is conveyed to secure a debt, the surren-

der and cancellation of the deed, in the same manner as mortgages are canceled, on pay-

ment of the debt to any person legally authorized to receive the same, shall operate to

reconvey the title of the property to the grantor or his the grantor's heirs, executors,

administrators, or assigns.

(b) In the case of a deed to secure debt which applies to real property, in order to

authorize the clerk of superior court to show the original instrument as canceled of

record, there shall be presented for recording:

(1) A cancellation upon the original security deed itself; er

(2) A conveyance from the record holder of the security deed, which conveyance

is in the form of a quitclaim deed or other form of deed suitable for recording and

which refers to the original security deed; or

(3) A cancellation as provided in subsection (c) of this Code section.

Any clerk of superior court who cancels of record any deed to secure debt in the manner

authorized in this subsection shall be immune from any civil liability, either in his such

clerk's official capacity or personally, for so canceling of record such security deed.

(c) Cancellation of a security deed, the original of which has been lost, stolen, or oth-

erwise mislaid, may be made based upon a document executed by the j'eeerd hektef

owner of the security deed and meeting the requisites for rccordation interest and who

so swears in such document, which document shall be recorded and shall be in substan-

tially the following form:

_____________ County, Georgia

The indebtedness referred to in that certain deed to secure debt from

to

, dated

, and of record in Deed Book

Page ____, in the office of the clerk of the Superior Court of

County, Georgia, having been paid in full and the undersigned

being the present feeerd holder and owner of such deed secured interest by virtue of

being the original grantee or by virtue ef assignments ef record in Deed Book(a)

PagcCs)

- (show aH asaignmcnta) the heir, assign, transferee, or devi-

see of the original grantee, the clerk of such superior court is authorized and directed

to cancel that deed of record as provided in Code Section 44-14-4 of the O.C.G.A. for

other mortgage cancellations.

WEDNESDAY, MARCH 2, 1994

1665

In witness whereof, the undersigned has set his or her hand and seal, this _________ day of _________, 19____.
________________(SEAL) Signature
Signed, sealed, and delivered on the date above shown

Unofficial Witness

Notary Public (SEAL)
My commission expires: __
Section 2. Said article is further amended by striking Code Section 44-14-80, relating to reversions of realty to a grantor, and inserting in its place a new Code Section 44-14-80 to read as follows:
"44-14-80. (a) Title to real property conveyed to secure a debt or debts shall revert to the grantor or his the grantor's heirs, personal representatives, successors, and assigns at the expiration ef-30 years from as follows:
(1) the maturity ef the debt of debts ef the maturity ef the 4ast installment thereof as stated er iixcd m trie record ex tnc conveyance or, rt not recorded, t& tnc convey ancc. Title to real property conveyed to secure a debt or debts shall revert to the grantor or his or her heirs, personal representatives, successors, and assigns at the expiration of seven years from the maturity of the debt or debts or the maturity of the last installment thereof as stated or fixed in the record of the conveyance or, if not recorded, in the conveyance;
(2) If the maturity of the debt or debts or the maturity of the last installment thereof is not stated or fixed, title to real property conveyed to secure a debt or debts shall revert at the expiration of 20 seven years from the date of the conveyance as stated in the record or, if not recorded, in the conveyance^ ; provided, however, that where the parties by affirmative statement contained in the record of conveyance intend to establish a perpetual or indefinite security interest in the real property conveyed to secure a debt or debts, the title shall revert at the expiration of 20 years from the date of the conveyance as stated in the record or, if not recorded, in the conveyance; or
(3) If the maturity is not stated or fixed and the conveyance is not dated, title to real property conveyed to secure a debt or debts shall revert at the expiration of 20 seven years from the date the conveyance is recorded or, if not recorded, is delivered;
i Provided provided, however, that foreclosure by an action or by the exercise of power of sale, if started prior to reversion of title, shall prevent the reversion if the foreclosure is completed without delay chargeable to the grantee or Ms the grantee's heirs, personal representatives, successors, or assigns.
(b) If the grantee or feis the grantee's personal representatives, heirs, successors, or assigns, or any one of them if more than one, or an officer of a corporation having an interest shall, at any time before the title reverts as provided in subsection (a) of this Code section, make and cause to be recorded upon the record of the conveyance or elsewhere in the public records, with a notation of the place of record of the renewal on the record of the conveyance or, if not recorded, upon the conveyance, a written renewal of the debt or debts secured or the part thereof which are not fully paid and are not barred, which renewal shall be signed by the original grantor or his the grantor's heirs, personal representatives, or successors in title to the real estate conveyed and shall be dated, the conveyance and record thereof shall remain of full force and effect and the title shall not revert for an additional period of 20 seven years or 20 years according to the appropriate reversion period stated in subsection (a) of this Code section from the date of the renewal unless the debt or debts are paid sooner.

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JOURNAL OF THE HOUSE,

(c) If the grantee or his the grantee's personal representatives, heirs, successors, or assigns, or any of them if more than one, or an officer of a corporation having an interest shall, at any time before the title reverts as provided in subsection (a) of this Code section, make and cause to be recorded upon the record of the conveyance or elsewhere in the public records, with a notation of the place of record thereof on the record of the conveyance or, if not recorded, upon the conveyance, an affidavit setting forth the name and address of the owner and holder of the debt and the deed securing the debt, the nature of the claim, the amount due thereon, the date of the last payment thereon, the maturity date of the indebtedness, and, if the debt has been renewed or extended, the terms of such renewal or extension and a description of the property conveyed therein, the conveyance and record thereof shall remain of full force and effect and title shall not revert for 26 seven years or 20 years according to the appropriate reversion period stated in subsection (a) of this Code section from the maturity of the indebtedness as shown by said affidavit unless the debt or debts are paid sooner.
(d) It shall be the duty of the clerk of the superior court to record the renewals and affidavits provided for and authorized by this Code section; and the clerks shall be entitled to the same fees which are allowed for recording deeds.
(e) Subsections (a) through (d) of this Code section shall not operate to make such conveyance a mortgage, but the conveyance shall be held to be an absolute conveyance of title, subject to reversion."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Hammond of the 32nd, Martin of the 47th and Thomas of the 100th was read and adopted:

A BILL
To amend Article I 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 consequences for failure to comply; to provide exceptions; 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 mortgagees; 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 provisions; to amend Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to change the manner in which certain security instruments shall be canceled of record; to change time periods at which certain reversions shall occur; to provide for notice; to change procedures regarding cancellation; 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 44 of the Official Code of Georgia Annotated, relating to recording of deeds or other instruments, is amended by striking Code Section 44-2-14, relating to attestation or acknowledgment as a requirement for recordation, in its entirety and inserting in its place the following:
"44-2-14. (a) Before any deed to realty or personalty or any mortgage, bond for title, or other recordable instrument executed in this state may be recorded, it must be

WEDNESDAY, MARCH 2, 1994

1667

attested or acknowledged as provided by law. However, nothing in this Code section shall dispense with another witness where an additional witness is required. This Code section shall not apply to transactions covered by Article 9 of Title 11.
(b) No affidavit prepared under Code Section 44-2-20 and no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof.
(c) If an instrument or affidavit is titled or recorded without compliance with subsection (b) of this Code section, such noncompliance does not alone impair the validity of the filing of recordation or of the constructive notice imparted by filing or recordation.
(d) Subsection (b) of this Code section does not apply to the following: (1) An affidavit or instrument executed before July 1^ 1994; (2) A decree, order, judgment, or writ of any court; (3) A will; or (4) Any plat."
Section 2. 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, maintainable by the association or, in any proper case, by one or more aggrieved unit owners, 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 common elements in order to enforce such compliance; provided, however, that no such suspension 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 instruments, 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 condominium 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 requirements imposed on the institutional providers providing such services to the condominium 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 3. 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 first or secondary

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JOURNAL OF THE HOUSE,

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 assessments 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 4. 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 for the f-wst year after rclinquishmcnt ef control ef the association fey the dcciflron c ds defined tR oode oection 44~o~i.ui, ft montftiy ttiflinteiiftnce tee IHCPCQSC in excess ef a percentage equal te the annual rate ef inflation as measured by the Gensume? irPicc index tor Ail UPOfltt consumers tor ttie mimedinteiy preceding TE monrft
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 association vote."
Section 5. 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 making such an assignment shall be prepared and executed by the association. The amendment shall be delivered to the unit owner or owners to whose unit the assignment is being made ad upon payment by them of all reasonable costs for the preparation, execution, and recordation thereof. The amendment shall become effective after execution 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 declaration 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 section to be executed by the association."
Section 6. 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 mere than 86 percent ef the unit owners to which more than 80 percent of the association vote pertains and the mortgagees ef units heM*g 80 percent ef the voting interest the association holding 80 percent of the voting interest of mortgaged 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 vete 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 eeeurs occurred, those provisions requiring more than 80 percent 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 condominium instruments to approve amendments to the condominium instruments so long as the

WEDNESDAY, MARCH 2, 1994

1669

declarant owns any unit primarily for the purpose of sale and, furthermore, this paragraph shall not be construed as modifying or altering the rights of a mortgagee set forth elsewhere in this article."
Section 7. Said chapter is further amended by striking subsection (d) of Code Section 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 8. Said chapter is further amended by striking Code Section 44-3-103, relating 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- such meeting."
Section 9. 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:
"(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 10. 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 condominium unit, whether for the share of the common expenses pertaining to that condominium 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, provided 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 assessments shall be required.

1670

JOURNAL OF THE HOUSE,

(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 percent 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 11. 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 12. Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Anno-

tated, relating to conveyances to secure debt and bills of sale, is amended by striking Code

Section 44-14-67, relating to cancellation of deed and title reconveyance, and inserting in

its place a new Code Section 44-14-67 to read as follows:

"44-14-67. (a) In all cases where property is conveyed to secure a debt, the surren-

der and cancellation of the deed, in the same manner as mortgages are canceled, on pay-

ment of the debt to any person legally authorized to receive the same, shall operate to

reconvey the title of the property to the grantor or hfe the grantor's heirs, executors,

administrators, or assigns.

(b) In the case of a deed to secure debt which applies to real property, in order to

authorize the clerk of superior court to show the original instrument as canceled of

record, there shall be presented for recording:

(1) A cancellation upon the original security deed itself; e*

(2) A conveyance from the record holder of the security deed, which conveyance

is in the form of a quitclaim deed or other form of deed suitable for recording and

which refers to the original security deed; or

(3) A cancellation as provided in subsection (c) of this Code section.

Any clerk of superior court who cancels of record any deed to secure debt in the manner

authorized in this subsection shall be immune from any civil liability, either in his such

clerk's official capacity or personally, for so canceling of record such security deed.

(c) Cancellation of a security deed, the original of which has been lost, stolen, or oth-

erwise mislaid, may be made based upon a document executed by the reeefd hWer

owner of the security deed tmd meeting the requisites fef rccordation interest and who

so swears in such document, which document shall be recorded and shall be in substan-

tially the following form:

_____________ County, Georgia

The indebtedness referred to in that certain deed to secure debt from

to

, dated

, and of record in Deed Book

Page ____, in the office of the clerk of the Superior Court of

County, Georgia, having been paid in full and the undersigned

being the present feeefd feelder ad owner of such deed secured interest by virtue of

being the original grantee or by virtue of- assignments ef record k Deed Book(s)

Pagc(s)

- (show a}l assignments) the heir, assign, transferee, or devi-

see of the original grantee, the clerk of such superior court is authorized and directed

to cancel that deed of record as provided in Code Section 44-14-4 of the O.C.G.A. for

other mortgage cancellations.

WEDNESDAY, MARCH 2, 1994

1671

In witness whereof, the undersigned has set his or her hand and seal, this ________ day of ___________, 19____.
________________(SEAL) Signature
Signed, sealed, and delivered on the date above shown

Unofficial Witness

Notary Public (SEAL)
My commission expires: __
Section 13. Said article is further amended by striking Code Section 44-14-80, relating to reversions of realty to a grantor, and inserting in its place a new Code Section 44-14-80 to read as follows:
"44-14-80. (a) Title to real property conveyed to secure a debt or debts shall revert to the grantor or hw the grantor's heirs, personal representatives, successors, and assigns at the expiration ef 20 years from as follows:

ancc. Title to real property conveyed to secure a debt or debts shall revert to the grantor or his or her heirs, personal representatives, successors, and assigns at the expiration of seven years from the maturity of the debt or debts or the maturity of the last installment thereof as stated or fixed in the record of the conveyance or, if not recorded, in the conveyance;
(2) If the maturity of the debt or debts or the maturity of the last installment thereof is not stated or fixed, title to real property conveyed to secure a debt or debts shall revert at the expiration of 30 seven years from the date of the conveyance as stated in the record or, if not recorded, in the conveyanceT ; provided, however, that where the parties by affirmative statement contained in the record of conveyance intend to establish a perpetual or indefinite security interest in the real property conveyed to secure a debt or debts, the title shall revert at the expiration of 20 years from the date of the conveyance as stated in the record or, if not recorded, in the conveyance; or
(3) If the maturity is not stated or fixed and the conveyance is not dated, title to real property conveyed to secure a debt or debts shall revert at the expiration of 20 seven years from the date the conveyance is recorded or, if not recorded, is deliveredT
2
Provided provided, however, that foreclosure by an action or by the exercise of power of sale, if started prior to reversion of title, shall prevent the reversion if the foreclosure is completed without delay chargeable to the grantee or Iris the grantee's heirs, personal representatives, successors, or assigns.
(b) If the grantee or iris the grantee's personal representatives, heirs, successors, or assigns, or any one of them if more than one, or an officer of a corporation having an interest shall, at any time before the title reverts as provided in subsection (a) of this Code section, make and cause to be recorded upon the record of the conveyance or elsewhere in the public records, with a notation of the place of record of the renewal on the record of the conveyance or, if not recorded, upon the conveyance, a written renewal of the debt or debts secured or the part thereof which are not fully paid and are not barred, which renewal shall be signed by the original grantor or his the grantor's heirs, personal representatives, or successors in title to the real estate conveyed and shall be dated, the conveyance and record thereof shall remain of full force and effect and the title shall not revert for an additional period of 20 seven years or 20 years according to the appropriate reversion period stated in subsection (a) of this Code section from the date of the renewal unless the debt or debts are paid sooner.

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JOURNAL OF THE HOUSE,

(c) If the grantee or his the grantee's personal representatives, heirs, successors, or assigns, or any of them if more than one, or an officer of a corporation having an interest shall, at any time before the title reverts as provided in subsection (a) of this Code section, make and cause to be recorded upon the record of the conveyance or elsewhere in the public records, with a notation of the place of record thereof on the record of the conveyance or, if not recorded, upon the conveyance, an affidavit setting forth the name and address of the owner and holder of the debt and the deed securing the debt, the nature of the claim, the amount due thereon, the date of the last payment thereon, the maturity date of the indebtedness, and, if the debt has been renewed or extended, the terms of such renewal or extension and a description of the property conveyed therein, the conveyance and record thereof shall remain of full force and effect and title shall not revert for 26 seven years or 20 years according to the appropriate reversion period stated in subsection (a) of this Code section from the maturity of the indebtedness as shown by said affidavit unless the debt or debts are paid sooner.
(d) It shall be the duty of the clerk of the superior court to record the renewals and affidavits provided for and authorized by this Code section; and the clerks shall be entitled to the same fees which are allowed for recording deeds.
(e) Subsections (a) through (d) of this Code section shall not operate to make such conveyance a mortgage, but the conveyance shall be held to be an absolute conveyance of title, subject to reversion."
Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 15. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown Y Buck Y Buckner N 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 Y Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H
Y Dixon, S Y Dobbs Y 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
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
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 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 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 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 Westmoreland Y White
Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

WEDNESDAY, MARCH 2, 1994

1673

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 substitute.

HB 1516.

By Representative Smith of the 175th:
A bill to amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of local boards of education, so as to specify the number of such board members who are required to vote to take certain actions and provide for alterations in that number.

The following Committee substitute was read:

A BILL
To amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of local boards of education, so as to specify the number of such board members who are required to vote to take certain actions and provide for rescissions of certain actions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of local boards of education, is amended by striking subsection (a) and inserting in its place the following:
"(a) Unless otherwise provided by local law or, in the absence of local law, by local board policy, upon being called together by one of their number, the members of the local board shall organize by selecting one of their number as chairperson to serve as such during the term for which that person was chosen as a member of the local board. The local school superintendent shall act as secretary of the local board, ex officio. A majority of the local board shall constitute a quorum for the transaction of business. The votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the local board of education, provided there is a quorum present. Any action taken by less than a majority of the board members may be rescinded by a majority of the board members at the next regular meeting or within 30 days of such action, whichever is later. It shall be the duty of the superintendent or their the board's nominee as secretary to be present at the meetings of the local board, to keep the minutes of its meetings and make a permanent record of them, and to do any other clerical work it may direct the superintendent to do. The superintendent or their the board's nominee shall record in a book, to be provided for the purpose, all official proceedings of the local board, which shall be a public record open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairperson and countersigned by the secretary."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Simpson of the 101st moves to amend the Committee substitute to HB 1516 by inserting at the end of line 5 the following:
"amend Code Section 20-2-55, relating to per diem and expenses of members of local boards of education, so as to change the per diem of members of boards of education of certain independent school systems; to".
By inserting between lines 13 and 14 of page 2 the following:

1674

JOURNAL OF THE HOUSE,

"Section 1.5. Code Section 20-2-55, relating to per diem and expenses of members of local boards, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:
'(a) In any local school system for which no local Act is passed, members of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith; provided, however, that in any independent school system with a full-time equivalent (FTE) program count of less than 4,000 students for which no local Act js passed, members of the local board of education shall, when approved by the affected local board, receive a per diem of not less than $50.00 and not more than $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board, plus reimbursement for actual expenses. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all school districts the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes.'".

The following amendment was read and adopted:

Representative Simpson of the 101st moves to amend the Simpson amendment to HB 1516 as follows:
On page one line 29 strike the word "shall" and insert in lieu thereof the word "may".

The amendment, as amended, was adopted.

The Committee substitute, as amended, was adopted.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot
Y Bargeron
Y Barnes
Y Bates Y Benefield
Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown Buck 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 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
YEpps E Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee N Golden Y Goodwin Y Greene
Groover Y Hammond
Hanner Y Harris, B
Y Harris, M Y Hart Y Heard
Hegstrom Y Hembree
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 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 E Oliver Y O'Neal Y Orrock Y Padgett E Parham
Parrish
Patten
Y Pelote
Y Perry
N Pinholster
YPoag
Y Polak

WEDNESDAY, MARCH 2, 1994

1675

Y Porter Y Poston YPowell Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray N Reaves Y Reichert Y Roberts

Y Royal Y Scoggins YShanahan 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 Smyre Y Snow Y Stancil, F 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

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, by substitute, as amended, the ayes were 145, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 superior courts, judges of the probate courts, and sheriffs; to change the population brackets for such salaries.

The following amendment was read and adopted:

Representative Colwell of the 7th moves to amend HB 1710 by striking from line 14 of page 2 and from line 8 of page 5 the following:
"6,000 11,999", and inserting in lieu thereof the following:
"6,000 11,000 11,889". By striking from line 15 of page 2 and from line 9 of page 5 the following: "12,000 19,999", and inserting in lieu thereof the following: "12,000 11,890 19,999". By striking from line 8 of page 8 and from line 5 of page 11 the following: "6,000 - 11,999", and inserting in lieu thereof the following: "6,000 - 11,000 11,889". By striking from line 9 of page 8 and from line 6 of page 11 the following: "12,000 - 19,999", and inserting in lieu thereof the following: "12,000 11,890 - 19,999". By striking from line 17 of page 10, "1994" and inserting in lieu thereof "1995".

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

1676

JOURNAL OF THE HOUSE,

N Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks, D Y Brooks, T Y Brown Y Buck 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 N Childers Y Clark Y Coker N Coleman, B Y Coleman, T

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

Howard
Y Hudson Y Hughes Y Hugley N Irvin
Y James Y Jamieson
Y Jenkins Johnson, D.H
N Johnson, E Johnson, G
N Johnson, J N Johnston
Jones N Joyce YKaye Y Kinnamon Y Klein N Ladd N Lakly
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 McKinney
Y Milam
N 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 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
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 Stand), F N Standl, 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 N Trense
Y Turnquest Y Twiggs Y Vaughan
Walker N Wall Y Watson Y Watts N Westmorland
White Y Williams, B Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 126, nays 33.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, the rules were suspended in order that a supplemental rules calendar could be read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 2, 1994
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 2, 1994, by adding the following:
HB 1136 Georgia Ports Authority; police powers HB 1149 Board of regents; limit certain appropriations
HR 555 Board of regents; limitations upon appropriations - CA
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, Is/ Lee of the 94th
Chairman

The Speaker Pro Tern assumed the Chair.

WEDNESDAY, MARCH 2, 1994

1677

HR 555. By Representatives Murphy of the 18th, Buck of the 135th, Coleman of the 142nd, Lee of the 94th and Walker of the 141st:
A resolution proposing an amendment to the Constitution so as to provide for limitations upon the use of appropriations to the board of regents to create or change the status of certain educational institutions.

The following amendment was read and adopted:

Representatives Murphy of the 18th, Walker of the 141st and Groover of the 125th moves to amend HR 555 as follows:
By striking "10" in line 27 page 1 and insert "5".

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
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 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 Channell Y Childers Y Clark
Y Coker N Coleman, B Y Coleman, T

Y Colwell Connell
Y Cox Y Crawford Y Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M N Dickinson NDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps E Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden N Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris, B Y Harris, M YHart Y Heard Y Hegstrom
N 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 N Johnson, J N Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D
Y Lane, R N Lawrence N 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
Y Mueller E Oliver Y O'Neal Y Orrock
Y Padgett E 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
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
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 Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker N Wall Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 146, nays 18.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1149.

By Representatives Murphy of the 18th, Buck of the 135th, Coleman of the 142nd, Lee of the 94th and Walker of the 141st:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and university system, so as to limit certain appropriations to that board.

1678

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:
Representative Groover of the 125th moves to amend HB 1149 as follows: Strike "ten-year" on line 20 page 1 and insert "five-year".
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 Y Bargeron
Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N" Breedluve 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 Channell Y Childers Y Clark Y Coker N Coleman, B Y Coleman, T

Y Colwell Connell
YCox Y Crawford N Crews Y Culbreth Y Cummings
Davis, G Y Davis, M N Dickinson NDix 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 N Goodwin
Y Greene Y Groover
Y Hammond Y Manner Y Harris, B Y Harris, M YHart Y Heard Y Hegstrom N Hembree Y Henson Y Holland Y Holmes

Howard
Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E
Johnson, G N Johnson, J
N Johnston Jones
Y Joyce Kaye
Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D
Y Lane, R N Lawrence N Lawson
Lee 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 Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten
Y Pelote Y Perry N 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
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
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 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 passage of the Bill, as amended, the ayes were 142, nays 20.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1136.

By Representative Dixon of the 150th:
A bill to amend Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to applicability of traffic laws to roads within the Georgia Ports Authority's jurisdiction, so as to provide that police officials of the ports authority shall be authorized to issue citations to illegally parked vehicles in specified areas within the grounds of the ports authority.

The following substitute, offered by Representative Dixon of the 150th was read:

A BILL
To amend Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to applicability of traffic laws to roads within the Georgia Ports Authority's jurisdiction,

WEDNESDAY, MARCH 2, 1994

1679

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; to provide that police officials of the ports authority shall be authorized to issue citations to illegally parked vehicles in specified areas within the grounds of the ports authority; 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 52-2-10 of the Official Code of Georgia Annotated, relating to applicability of traffic laws to roads within the Georgia Ports Authority's jurisdiction, is amended by striking subsection (f) in its entirety and inserting new subsections (f) and (g) in lieu thereof to read as follows:
"(f) While in the performance of their duties, those regular employees of the Georgia Ports Authority designated as investigators or Georgia certified peace officers shall have the same powers of arrest and the same powers to enforce law and order as the sheriff of the county and the chief of police of the county or municipality in this state wherein any such investigator or Georgia certified peace officer is performing his or her duty. While in the performance of their duties, any such investigators or Georgia certified peace officers shall be authorized to exercise such powers and duties as are authorized by law for members of the Uniform Division of the Department of Public Safety. Such investigators or Georgia certified peace officers shall be subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and are specifically required to complete the training required for peace officers by that chapter.
(g) While in the performance of their duties, those regular employees of the Georgia Ports Authority designated as investigators or certified peace officers of the State of Georgia shall have the right to issue citations to vehicles parked in areas not specifically designated for the parking of vehicles while on the properties of the Georgia Ports Authority's terminals. The issuance of any such parking citation shall require the person who parked said vehicle to respond by the payment of a fine in the amount of $25.00 or by appearing in the Recorder's Court of Savannah-Chatham County in which event the amount of the fine shall be fixed at the discretion of the judge of said court, but in no event shall the fine exceed $25.00. In addition to the right to issue parking citations, those regular employees of the Georgia Ports Authority designated as investigators or certified peace officers of the State of Georgia shall have the right to remove improperly parked cars or vehicles in accordance with the provisions of Code Section 44-1-13."
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 Floor substitute to HB 1136 as follows:
Lines 20 & 21, page 2 - strike "Recorder's Court of Savannah-Chatham County" and replace with "state court of the county in which the terminal is located,".

The Floor substitute, as amended, was adopted.

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

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

1680

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
Davis, 0 Y Davis, M
Y Dickinson Y Dix Y Dixon. H Y Dixon, S
Dobbs
Y Ehrhart
Y Epps

E Evans Y Felton Y Ployd, 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
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 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 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
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
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
Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, 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 Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, MARCH 3, 1994

1681

Representative Hall, Atlanta, Georgia Thursday, March 3, 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 Tom Byerly, Pastor, First Baptist Church, Pooler, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

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

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

HB 2010.

By Representatives Hammond of the 32nd, Barnes of the 33rd and Cauthorn of the 35th:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to change the manner of appointing certain members of the authority.

By unanimous consent, HB 2010 was ordered engrossed. Referred to the Committee on State Planning & Community Affairs - Local.

HB 2011. By Representative Twiggs of the 8th: A bill to create and establish the Rabun County Building Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

1682

JOURNAL OF THE HOUSE,

HB 2012. By Representative Barfoot of the 155th: A bill to provide a new charter for the City of Vidalia in Toombs County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 2013. By Representatives Carrell of the 87th and Johnson of the 84th: A bill to create the Walton County Commission on Children and Youth.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2014. By Representatives Moore of the 113th, Harris of the 112th, Bargeron of the 120th and Williams of the 114th:
A bill to amend an Act to provide for a homestead exemption of $20,000.00 from all Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebtedness, for residents of Columbia County and the Columbia County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 2015. By Representative Smith of the 109th:
A bill to amend an Act creating a board of commissioners of Butts County, so as to change the provisions relating to quarterly publications of the county's receipts and disbursements; to provide that the failure of the board to carry out its duties shall result in a vacancy in the office of the member or members responsible for such failure.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1066. By Representatives Snow of the 2nd, Perry of the llth, Bailey of the 93rd and Carter of the 166th:
A resolution creating the House State Emergency Management Study Committee.
Referred to the Committee on Rules.

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

HB 2018. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act relating to the office of the sheriff of Lamar County, so as to provide for vacancies and temporary vacancies or incapacity in the office of sheriff and the filling thereof.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2019. 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 valorem taxes for educational purposes in the amount of $10,000.00 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.

THURSDAY, MARCH 3, 1994

1683

HB 2020. 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 valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads that are leased to certain residents of that county.
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 1990 HB 1991 HB 1992 HB 1993 HB 1994 HB 1995

HR 1063 HR 1064 SB 436 SB 437 SB 591 SB 637

HB ^997 HB 1998 HB 1999 HHBB 22000010
HB 2002 HB 2003
HB 2004
HB 2005 HB 2006
HB 2007
HB 2008 HB 2009

II 5 CD />| GTJ aRQ |SB J669
SB 698 a 704
SB 71
SB 711 SB 713
SR 522
SR 546 SR 561

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 696 Do Pass
Respectfully submitted, /a/ Floyd of the 172nd
Vice-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 Senate and has instructed me to report the same back to the House with the following recommendations:

1684

JOURNAL OF THE HOUSE,

SB 411 Do Pass, by Substitute SB 517 Do Pass SB 536 Do Pass, by Substitute

SB 567 Do Pass SB 618 Do Pass
Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Patten of the 176th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1605 Do Pass, by Substitute SB 432 Do Pass SB 608 Do Pass
Respectfully submitted, /s/ Patten of the 176th
Chairman

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

Mr. Speaker:

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

HB 762 Do Pass HB 1933 Do Pass HB 1947 Do Pass HB 1978 Do Pass HB 1982 Do Pass HB 1983 Do Pass

HB 1988 Do Pass HB 1989 Do Pass HR 1039 Do Pass SB 585 Do Pass, as Amended SB 628 Do Pass SB 708 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, MARCH 3, 1994
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below:
HR 965 Disabled persons abused by caretaker; urge certain reporting
SB 82 Firemen's Pension; vesting; early retirement SB 242 License plates and drivers' licenses; cert disabled veterans

THURSDAY, MARCH 3, 1994

1685

SB 377 Employees' Ret; Lake Lanier Islands Dev Auth; membership SB 452 Lottery proceeds; shortfall reserve subaccount; provisions SB 512 Psychologists; licensing; amend provisions SB 548 Children and youth; placement; private family attention home SB 553 Senate; reapportion certain districts SB 564 Taxes on insurers; counties and municipalities; pop determination SB 592 Hunting and fishing; lifetime honorary license; disabled persons SB 602 St depositories; cert securities; collateral to secure pub deposits
SR 107 Raffles by nonprofit organizations; provisions - CA SR 426 St Cotton Museum/Dooly Co Welcome Ctr; official st Cotton Museum SR 453 T.P. Ramsey Bridge; designate SR 502 Garland T. Byrd Bridge; designate
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE.
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, 1st Lee of the 94th
Chairman

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

HB 762. By Representative Crawford of the 129th:
A bill to further define, prescribe, clarify, and enlarge the powers of the Thomaston-Upson County Office Building Authority.

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

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.

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

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.

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

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.

1686

JOURNAL OF THE HOUSE,

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

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.

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

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.

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

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.

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

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.

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

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 punishment.

The following amendment was read and adopted:

Representative Wall of the 82nd et al. move to amend SB 585 as follows: Delete on page 2 - lines 16 thru 21. Amend caption accordingly.

THURSDAY, MARCH 3, 1994

1687

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

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.

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

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.

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

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnes Y Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick 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
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
Y Dixon, H Y Dixon, S
Dobbs 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
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
Jones Y Joyce
Y Kaye Kinnamon Klein
YLadd Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson
Y Lee Y Lewis
Lord Lucas Y Maddox YMann Y Martin
Y McBee McClinton McKinney
Y Milam
Y Mills

Y Mobley, B
Y Mobley, J Y Moore
Mosley Mueller E Oliver O'Neal 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 E Randall Y Randolph
Y Ray Reaves
Reichert Y Roberts Y Royal
Y Scoggins Shanahan Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper

Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W Y Smyre YSnow Y Stancil, F Y Stancil, S
Stanley, L Stanley, 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
Yeargin
Murphy, Spkr

.

1688

JOURNAL OF THE HOUSE,

On the passage of the Bills, the ayes were 132, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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.

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
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 YByrd
Y Campbell Y Canty
Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
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
Dix Y Dixon, H Y Dixon, S
Dobbs 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
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 Jones
Y Joyce YKaye
Kinnamon Klein
YLadd Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
Lord Lucas Y Maddox Y Mann Y Martin
Y McBee McClinton
McKinney Y Milam Y Mills

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

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 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 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 132, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

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

THURSDAY, MARCH 3, 1994

1689

SB 640. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to provide for the creation of one or more community improvement districts in Chatham County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts.
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.

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.

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.

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.

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.

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 provide for a city manager.

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.

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.

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 Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority.

1690

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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.

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.

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.

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 education whose terms of office are to expire shall be elected at the City of Dublin general election immediately preceding the expiration of such terms.

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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.

HB 1341. By Representative Streat of the 167th:
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 operate a structural pest control business and each licensee seeking renewal of a license to submit a certificate of insurance coverage to the State Structural Pest Control Commission showing that such business is insured against liability for damages to persons or property.

HB 562. By Representatives Skipper of the 137th, Vaughan of the 34th, Royal of the 164th, Harris of the 112th and Stancil of the 91st:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by certain schools.

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.

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

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.

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 Professional Counselors, Social Workers, and Marriage and Family Therapists, so as to provide an exemption from licensure for certain additional counselors.

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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 Annotated, 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.

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 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 provide for a training course.

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

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 Annotated, relating to property exempt from ad valorem taxation, so as to provide for the exemption from ad valorem taxes of certain property owned by veterans organizations.

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

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:
SB 640. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to provide for the creation of one or more community improvement districts in Chatham County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts.
Referred to the Committee on State Planning & Community Affairs - Local.
Representative Lawrence of the 64th arose to a point of personal privilege and addressed the House.
Representative Smith of the 169th arose to a point of personal privilege and addressed the House.

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

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 following Senate substitute was read:

A BILL
To create a court to be known as the State Court of Fayette County; to define its jurisdiction and powers; to provide for the election, qualifications, duties, powers, terms, and compensation of the judge and solicitor thereof; to provide for a court reporter; to provide for the pleading and practice and rules of procedure therein; to provide for jurors for said court; to provide for costs of said court; to provide for appeals from said court; 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 Chapter 7 of Title 15 of the Official Code of Georgia Annotated, there is created a state court in Fayette County, which shall be known as the State Court of Fayette County, with the powers and duties set out in this Act.
Section 2. The governing authority of Fayette County shall provide an adequate place and facilities for the holding of the State Court of Fayette County. The said court shall be located in the City of Fayetteville, Georgia.
Section 3. There shall be a judge of the State Court of Fayette County, who shall be elected for a term of four years and shall be elected each four years thereafter at succeeding general elections. Qualifying and primary elections preceeding the general election shall be as required by law. The first election for said judge of the State Court of Fayette County shall be in the general election to be held in November, 1994, and the term of said officer so elected shall begin January 1, 1995.
Section 4. The judge of the State Court of Fayette County shall have been a resident of the State of Georgia for three years, next preceding the beginning of said judge's term of office; the judge shall also have been a resident of Fayette County for one year, next preceding the beginning of said judge's term of office. A qualified candidate shall not be less than 25 years of age at the commencement of his or her term of office, shall have been admitted to the practice of law for at least five years, and shall be a member in good standing of the State Bar of Georgia. The judge of the State Court of Fayette County shall be a full-time judge and shall not engage in the private practice of law.
Section 5. The State Court of Fayette County shall have terms two months in duration, to be held on the first Monday of every other month commencing with the first Monday in February, 1995. Succeeding terms shall begin in April, June, August, October, and December. Such terms shall remain open for the transaction of business until the next succeeding term of said court. The terms of said court are subject to being lengthened or shortened upon the sole discretion of the judge of said court. The court shall be open at all times for business. Each term of said court shall have a jury and a nonjury calendar. When there are not sufficient contested jury cases the judge of said court, in his or her own discretion, may omit the drawing of a jury for any term of said court; however, this will not prohibit said judge from having a nonjury calendar during any term of court at which said judge omits having jury cases.
Section 6. All actions in the State Court of Fayette County shall be commenced just as actions are commenced in the superior courts of this state. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, the "Georgia Civil Practice Act," as it now exists and

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as it may be hereafter amended, shall serve as the rules of practice and procedure in the State Court of Fayette County.
Section 7. Either party may demand a jury trial at any time prior to the commencement of the trial by filing a separate demand for trial by jury; provided, however, where neither party demands a trial by jury the judge of the State Court of Fayette County shall have the right on said judge's own motion and in his or her own discretion to refer any cause involving an issue of fact to a jury for trial for a general verdict in said case, or said judge may refer any issue of fact to a jury for the rendering of a special verdict on such issue, said jury trial to be had in all other respects as if demanded by a party to said case. A jury trial once demanded by either party shall not be waived except by written consent of the opposite party.
Section 8. The jurors for the State Court of Fayette County shall be drawn and selected from the jury box of the Superior Court of Fayette County. The judge shall draw a sufficient number of jurors in the manner required by law. All laws with reference to the selection of traverse jurors in the superior courts not inconsistent with the provisions of this Act shall apply to the State Court of Fayette County. The jurors so drawn shall be summoned by the Sheriff of Fayette County, or other lawful officer, in the manner authorized in the Superior Court of Fayette County at least five days before the court date at which they are called to serve, and from the jurors drawn and summoned as above provided, there shall be empaneled in all civil cases to be tried by a jury in said court, a panel of twelve prospective jurors, and in each case, each side shall have three peremptory strikes, to be used as required by Georgia law, and the six remaining jurors shall constitute a jury for the trial of such case. If there should be any deficiency of jurors from cause or absence, the sheriff by direction of the court shall complete the jury by talesman sufficient to meet the needs of the court. Each juror shall receive the same compensation while serving as a juror in said court as is paid in the superior court of said county, the same to be paid by Fayette County under the laws governing the payment of superior court jurors. All laws of force with reference to the qualifications, oaths, exemptions, and financing of jurors in the superior courts of this state shall, when not inconsistent with the provisions of this Act, be observed in said State Court of Fayette County.
Section 9. (a) Proceedings in criminal cases in the State Court of Fayette County shall be by accusation or referral of indictment by the Superior Court of Fayette County and trial shall conform to rules governing like proceedings in the superior court, except that the jury in said court shall consist of six jurors to be stricken alternately by the defendant and state from a panel of twelve, as provided by Georgia law. The defendant shall been entitled to four peremptory strikes and the state shall be entitled to two peremptory strikes. The remaining jurors shall compose the jury.
(b) All prosecutions in criminal cases instituted in the State Court of Fayette County shall be by written accusation framed and signed by the prosecuting attorney of such court. The accusation need not be supported by an affidavit except in those cases where the defendant has not been previously arrested in conjunction with the transaction charged in the accusation and the accusation is to be used as the basis for the issuance of a warrant for the arrest of the defendant. Any prosecution for a county ordinance violation or traffic violation may be upon citation.
(c) Proceedings in criminal cases in said court after accusation shall conform to rules governing like proceedings in the superior courts, except for the provisions for jurors set forth in this section.
(d) Said court shall sit as a committal court upon all criminal warrants issued by the judge thereof, where demand is made therefor by an accused.
(e) The clerk of the State Court of Fayette County is authorized to receive all criminal warrants for filing, to assign each such warrant a case number, and to forward each such warrant to the office of the solicitor of said court for purposes of having an accusation drawn.
Section 10. The judge of the State Court of Fayette County may appoint a judge pro hac vice to discharge the duties of the judge temporarily when the services of a judge

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pro hac vice are required or when the judge is unable or disqualified to discharge the duties of his or her office. A candidate for judge pro hac vice must conform to the qualifications required of a judge of the state court as set out in Section 4 of this Act. When the appointment of such a person as judge pro hac vice, together with his or her oath, which shall be the same as is required of the judge, has been recorded in the office of the judge of the Probate Court of Fayette County, such judge pro hac vice may exercise all the powers of the judge of said state court. Such judge pro hac vice appointment may be vacated at any time by order of the judge to be likewise recorded, and any other qualified person may be appointed as judge pro hac vice as provided in this section. The compensation of such judge pro hac vice shall be set by the judge of the state court subject to approval by the Board of Commissioners of Fayette County and shall be paid from county funds.
Section 11. The State Court of Fayette County shall have jurisdiction, within the territorial limits of the county and concurrent with the superior courts, over the following matters:
(1) The trial of criminal cases below the grade of felony. All such cases that are pending in the Superior Court of Fayette County as of January 1, 1995, shall be immediately transferred to the State Court of Fayette County;
(2) The trial of civil actions without regard to the amount in controversy, except those actions in which exclusive jurisdiction is vested in the superior courts;
(3) The hearing of applications for and the issuance of arrest and search warrants; (4) The holding of courts of inquiry; (5) The punishment of contempts by fine not exceeding $500.00 or by imprisonment not exceeding 20 days, or both; (6) Review of decisions of other courts as may be provided by law; (7) All county ordinance violations that have been within the jurisdiction of the Magistrate Court of Fayette County are, as of January 1, 1995, within the exclusive jurisdiction of the State Court of Fayette County. All county ordinance violation cases that are pending in the Magistrate Court of Fayette County as of January 1, 1995, shall be immediately transferred to the State Court of Fayette County; (8) All cases involving violations of the traffic laws of the State of Georgia that have been within the jurisdiction of the Probate Court of Fayette County are, as of January 1, 1995, within the exclusive jurisdiction of the State Court of Fayette County. All such cases that are pending in the Probate Court of Fayette County as of January 1, 1995, shall be immediately transferred to the State Court of Fayette County; and (9) All that jurisdiction that is allocated to state courts in Chapter 7 of Title 15 of the Official Code of Georgia Annotated as it now exists and as it may be hereafter amended.
Section 12. The clerk of the Superior Court of Fayette County shall be the Clerk of the State Court of Fayette County. The Sheriff of Fayette County shall perform for the State Court of Fayette County all those duties and service that are presently, or hereafter may be, performed by the Sheriff of Fayette County for the Superior Court of Fayette County, and are consistent with the duties and services which are required by the State Court of Fayette County. The clerk of the State Court and the Sheriff of Fayette County are to receive compensation as required by law.
Section 13. The judge of the State Court of Fayette County may appoint an official court reporter who shall report such cases as the court may require. The reporter shall receive the same fees as allowed for similar service in the Superior Court of Fayette County which shall be taxed and enforced as in the Superior Court of Fayette County.
Section 14. All civil cases that are pending in the Superior Court of Fayette County as of January 1, 1995, may be transferred to the State Court of Fayette County, providing said cases are within the jurisdiction of the state court. Such transfers require the consent of all parties. In the event a case is transferred from the Superior Court of Fayette County to the State Court of Fayette County, the case will proceed as if it had originated in said state court.

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Section 15. Costs for all cases in the State Court of Fayette County shall be the same as costs that are employed in the Superior Court of Fayette County.
Section 16. From and after the passage of this Act, the clerk of the State Court of Fayette County shall pay into the county treasury of Fayette County all amounts of cost, fines and forfeitures collected by said court, such amounts to be paid in the fund of the county treasury.
Section 17. The judge of the State Court of Fayette County shall receive as compensation an amount equal to 85 percent of the base salary of a judge in the superior courts in the State of Georgia. Such compensation shall be paid in equal monthly installments from the funds of Fayette County.
Section 18. All cases in the State Court of Fayette County shall be subject to review to the Court of Appeals or the Supreme Court of Georgia in the same manner as judgments and orders of the superior courts are now reviewed.
Section 19. There shall be a solicitor of the State Court of Fayette County who shall be elected for a term of four years and shall be elected each four years thereafter at succeeding general elections. Qualifying and primary elections preceding the general election shall be as required by law. The first election for said solicitor of the State Court of Fayette County shall be in the general election to be held in November, 1994, and the term of said solicitor so elected shall begin January 1, 1995.
Section 20. The solicitor of the State Court of Fayette County shall, on the date he or she takes office, permanently reside within Fayette County, shall have been a resident of Fayette County for one year, next preceding the commencement of his or her term, shall as of such date be at least 25 years of age, shall have been admitted to practice law in the State of Georgia for three years, and shall be a member in good standing of the State Bar of Georgia. The position of solicitor shall be a full-time position, and the solicitor may not engage in the private practice of law.
Section 21. The solicitor of the State Court of Fayette County shall receive as compensation an amount equal to 75 percent of the salary of the judge in the State Court of Fayette County. Such compensation shall be paid in equal monthly installments from the funds of Fayette County.
Section 22. The solicitor of the State Court of Fayette County may appoint a solicitor pro tempore who shall have the same authority as the solicitor in the solicitor's absence. A candidate for solicitor pro tempore must conform to the qualifications required of a solicitor of the state court set out in Section 20 of this Act. The solicitor pro tempore shall be paid from funds of Fayette County such reasonable amount as the solicitor may determine, subject to approval by the Board of Commissioners of Fayette County. The solicitor pro tempore shall serve at the pleasure of the solicitor.
Section 23. All provisions of this Act, excepting those which refer to the election of the judge and solicitor of the court, shall become effective on January 1, 1995. Those provisions of this Act relating to the election of the judge and solicitor of the State Court of Fayette County shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
Section 24. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Lakly of the 105th moved that the House agree to the Senate substitute to HB 1668.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

The following Resolution of the House was read:

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HR 1067. By Representative Murphy of the 18th
A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, March 4, 1994, and reconvene on Monday, March 7, 1994. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 7 may be as ordered by the Senate; and the hour for convening the House on March 7 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 Barries 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 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
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 Y Goodwin Y Greene
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 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
Lane, R 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 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 E 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

On the adoption of the Resolution, 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 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 Walker Y Wall
Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

The Resolution was adopted.

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

SB 564. By Senator Madden of the 47th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, 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.

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The following amendment was read and adopted:
Representative Royal of the 164th moves to amend SB 564 by striking the quotation marks at the end of line 26 of page 1 and inserting in their place the following:
"Such corrections, revisions, or additional data shall be certified to the Commissioner by the Office of Planning and Budget on or before August 31 of each year.'"
By striking the quotation marks at the end of line 16 of page 2 and inserting in their place the following:
"Such corrections, revisions, or additional data shall be certified to the Commissioner by the Office of Planning and Budget on or before August 31 of each year.'"
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
Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D
Y Brooks, T Brown Buck 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 Y 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
Hammond Y Hanner
Harris, B 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 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
Lee Y Lewis Y Lord
Lucas Y Maddox YMann Y Martin Y McBee Y 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 E 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 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
Towery
Y Trense Turnquest Twiggs
Y Vaughan Walker Wall
Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SR 107. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A resolution proposing an amendment to the Constitution so as to provide that the holding of raffles by nonprofit organizations shall be lawful under the Constitution but may be restricted, regulated, or prohibited by law; to provide for the submission of this amendment for ratification or rejection.

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1699

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister
Barfoot
Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D
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 Crews
Y Culbreth Y Cummings
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
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
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 Joyce
Y Kaye Y Kinnamon Y Klein YLadd Y Lakly
Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann
Martin Y McBee
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 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 Y Smvre Y Snow Y Stand!, F
Y Stancil, S Stanley, L Stanley, P
Y Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus
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 adoption of the Resolution, the ayes were 151, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 242. By Senators Harbison of the 15th, Crotts of the 17th, Hill of the 4th, Broun of the 46th and Thomas of the 10th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to free license plates and revalidation decals for certain disabled veterans; to change the provisions relating to drivers' licenses for veterans.

The following Committee substitute was read and adopted:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to free license plates and revalidation decals for certain disabled veterans; to change the provisions relating to drivers' licenses for veterans; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) of Code Section 40-2-69, relating

1700

JOURNAL OF THE HOUSE,

to free license plates and revalidation decals for certain disabled veterans, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any wartime veteran who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as being 100 percent totally ad permanently disabled and entitled to receive service connected benefits shall, upon application therefor, be issued a free motor vehicle license plate upon presentation of proof that he or she is receiving or that he or she is entitled to receive benefits for a 100 percent service connected disability, as long as he or she is 100 percent disabled. A veteran who claims that such 100 percent total disability is permanent shall furnish proof of such permanent disability through a letter from the United States Department of Veterans Affairs."
Section 2. Said title is further amended by striking subsection (c) of Code Section 40-2-69, relating to free license plates and revalidation decals for certain disabled veterans, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) Once a veteran has established his or her eligibility to receive free motor vehicle license plates as a result of being permanently disabled, he or she shall be entitled to receive free plates or free revalidation decals in succeeding years on any automobile, private passenger pickup truck, station wagon, or van type vehicle of three-quarter tons or less that he or she may own or jointly with his or her spouse own or acquire in the future.
(2) Once a veteran has established his or her eligibility to receive free motor vehicle license plates as a result of having a 100 percent total disability which has not been determined to be a permanent disability, he or she shall be entitled to receive free plates or free revalidation decals in succeeding years upon furnishing, on an annual basis, proof of such 100 percent disability through a letter from the United States Department of Veterans Affairs. Such free plates or free revalidation decals shall apply to any automobile, private passenger pickup truck, station wagon, or van type vehicle of three-quarter tons or less that he or she may own or jointly with his or her spouse own or acquire in the future.
(3) Two license plates or revalidation decals each year shall be furnished to veterans qualifying under this Code section unless the originals are lost. Such plates shall be fastened to both the front and the rear of the vehicle."
Section 3. Said title is further amended by striking subsection (d) of Code Section 40-5-36, relating to veterans' licenses, honorary licenses, and other distinctive licenses, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Honorary licenses may be issued to: (1) A resident of Georgia who is the surviving spouse of a veteran as defined by
paragraph (1) of subsection (c) of this Code section. Any license to such spouse shall be valid only as long as that person remains unmarried; or
(2) A resident of Georgia who is the spouse of a veteran who would be qualified to receive a veteran's license but who is permanently disabled to the extent that he or she cannot operate a motor vehicle."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Barnes Bates
Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove

Y Brooks, D Brooks, T
Brown Y Buck
Buckner Y Bunn Y Burkhalter

Y Byrd Y Campbell
Y Canty Y Carlisle
Y Carrell Y Carter Y Cauthorn

Y Chambless Y Chandler
Y Channell Y Childers
Y Clark Y Coker Y Coleman, B

THURSDAY, MARCH 3, 1994

1701

Y 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 Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Goodwin
Y Greene
Y Groover
Y Hammond Y Manner Y Harris, B

Y Harris, M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Y Johnson, D.H Y Johnson, E
Johnson, G Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamun Y Klein Ladd Y Lakly Y Lane, D

Y Lane, R Y Lawrence
Y Lawson YLee Y Lewis
YLord Y Lucas
Maddox YMann
Martin Y McBee Y McClinton Y McKinney YMilam 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 E 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
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
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 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 82. By Senator Walker of the 22nd:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, 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.

Representative Hudson of the 156th moved that SB 82 be recommitted to the Committee on Retirement.
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 Y Bargeron Y Barnes N Bates N Benefield
Birdsong
Bordeaux Y Bostick
Y Breedlove N Brooks, D N Brooks, T
Brown
NBuck N Buckner
NBunn N Burkhalter
NByrd

N Campbell Y Canty
Carlisle
N Carrell N Carter
Cauthorn
N Chambless N Chandler Y Channel! N Childers N Clark
N Coker Y Coleman, B
Coleman, T N Colwell
Connell Cox Y Crawford N Crews
N Culbreth N Cummings
N Davis, G

Y Davis, M Y Dickinson YDix
N Dixon, H Dixon, S
N Dobbs Y Ehrhart Y Epps N Evans Y Felton
Floyd, J.M
N Floyd, J.W Y Godbee N Golden
Goodwin N Greene N Groover N Hammond
Hanner Y Harris, B N Harris, M
NHart

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

N Kinnamon Y Klein NLadd N Lakly N Lane, D
Lane, R N Lawrence N Lawson
NLee N Lewis
YLord Y Lucas Y Maddox YMann Y Martin N McBee
N McClinton McKinney
Milam N Mills
N Mobley, B N Mobley, J

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JOURNAL OF THE HOUSE,

N Moore N Mosley N Mueller E Oliver
N O'Neal Orrock
N Padgett E Parham N Parrish N Patten N Pelote Y Perry Y Pinholster NPoag

N Polak Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B E Randall
N Randolph YRay Y Reaves Y Reichert
Roberts Royal
Y Scoggins

N Shanahan N Sherrill
N Shipp N Simpson Y Sinkfield Y Skipper N Smith, C Y Smith, L N Smith, P
Smith, T N Smith, V N Smith, W
Smyre Y Snow

On the motion, the ayes were 57, nays 90. The motion was lost.

N Stancil, F N Stancil, S
Stanley, L Stanley, P Stephenson N Streat N Taylor
Teague NTeper N Thomas
Y Tillman Y Titus Y Towery
N Trense

Turnquest N Twiggs Y Vaughan
Walker Y Wall N Watson N Watts N Westmorland
White N Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

The following substitute, offered by Representative Cummings of the 27th was read and adopted:

A BILL
To amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to define certain terms; to provide a statement of purposes; to clarify a certain exemption from taxes imposed to support the pension fund; to reduce the number of years required for vesting from 20 to 15 years; 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. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, is amended by striking Code Section 47-7-1, relating to definitions relative to such chapter, in its entirety and inserting in lieu thereof the following:
"47-7-1. As used in this chapter, the term: (1) 'Board' means the Board of Trustees of the Georgia Firemen's Pension Fund. (2) 'Fire department' means a full-time fire department or volunteer fire depart-
ment which satisfies the following criteria: (A) The fire department is certified by the superintendent of the Georgia Fire
Academy as provided in Chapter 3 of Title 25; (B) The public fire suppression facilities of the fire department are ratable not
less favorably than a class eight rating under standards set forth in the Fire Suppression Rating Schedule, Section 1^ Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published bj[ the Commissioner of Insurance performing similar rating functions which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved bx the Commissioner. The board may require annual certification by the chief of a fire department of the satisfaction of such requirements as a condition to the eligibility of firemen and volunteer firemen to become members and obtain creditable service with the fund. (3) 'Fireman' means a person who is a full-time employee of a full-time fire department ef volunteer fite department ad who in the course of full-time employment by and within a full-time fire department er a volunteer fire department either:
(A) Is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of

THURSDAY, MARCH 3, 1994

1703

employment the principal duty of2 and actually performs the function of, preventing and suppressing fires; or
(B) Has as incident to the position of employment the principal responsibility to perforrrij and actually performs, support functions for fire prevention and fire suppression activities of the fire department of a type which the board by regulation finds have been traditionally and customarily performed by employees of fire departments in the State of Georgia, including, without limitation, the activities of administrative personnel within the department, mechanics whose primary duties are the maintenance and repair of fire-fighting equipment and apparatus, operating engineers whose primary duties are the operation of fire-fighting equipment and apparatus, communications and clerical personnel, and fire prevention and fire inspection personnel; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services. (4) 'Full-time fire department' means a full-time department, bureau, division, or other organizational unit, separately organized and administered as such, of this state or any municipality or other political subdivision thereof, which organizational unit:
(A) Has, as an organizational unit, the principal responsibility to prevent and suppress fires; and

{ } Is financed by public appropriation or subscription and is not privately ownedt ad
(D) Owns fife apparatus and equipment having a value ef $6,000.00 er mere. A full-time fire department includes the fire chief or chief operating officer of the organizational unit and only those employees who are under the direction and supervision of the fire chief or chief operating officer.
(5) 'Fund' means the Georgia Firemen's Pension Fund. (6) 'Volunteer fire department' means a volunteer fire department er part'paid and part-volunteer fire department staffed by firemen, volunteer firemen, or a combination of firemen and volunteer firemen, separately organized and administered as such, of this state or any municipality or other political subdivision thereof or a paid, part-paid, er volunteer fire department ef this state er a political subdivision thereof, separately organized and administered as such of this state or serving any fire district therein, which:
(A) Has the principal responsibility to prevent and suppress fires; (B) Is financed by public appropriation or subscription and is not privately owned; v* '/ rS rfltcci ci&ss one tfirou^ii ci&ss eijjjrit, inclusive,1 Dy tfte in9ursnce services
{B} Holds drills and meetings of not less than eight hours monthly; and \EJ) vjwits tire sppo.i*Qt>us flttd ecjuipmcnt nsvini, ft VQiue o* j>ujUuo.i/u & morej find {F} (D) Meets the requirements imposed by Code Section 47-7-81. (7) 'Volunteer fireman' means an individual who is appointed and regularly enrolled is any as a volunteer with a fire department; and who, as a volunteer fireman, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (D) of paragraph (1) of subsection (a) of Code Section 25-3-23."
Section 2. Said chapter is further amended by inserting immediately following Code Section 47-7-1 a new Code Section 47-7-2 to read as follows:
"47-7-2. The fund is established as a voluntary pension system which provides benefits intended to supplement primary pension benefits provided by fire departments or the governmental units or volunteer districts establishing fire departments. It is the intent of the General Assembly in authorizing the benefits of this chapter:
(1) To provide an additional benefit which may be used by fire departments of the state or political subdivisions of the state to attract and retain qualified firemen; and
(2) To limit the availability of such benefits to those fire departments which satisfy the minimum requirements for membership provided in this chapter so as to

1704

JOURNAL OF THE HOUSE,

induce political subdivisions and the fire departments serving such political subdivisions to meet and maintain compliance with such minimum standards which the General Assembly deems essential to improving the ability of a fire department to suppress fires."
Section 3. Said chapter is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 47-7-61, relating to a tax on premiums charged by fire insurance companies for certain classes of coverage and related matters, and inserting in lieu thereof the following:
"(2) If property covered under any such policy is served by public fire suppression facilities which are rated less favorably than a class nine under rating under standards published by the Insurance Services Office er its successor set forth in the Fire Suppression Rating Schedule, Section Jj Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by an organization licensed by the Commissioner of Insurance performing similar rating functions, which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner, then and to that extent the premiums under such policy shall be excluded in determining the tax imposed under this Code section."
Section 4. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 47-7-100, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, and inserting in lieu thereof the following:
"(c) Any eligible member who terminates service as a fireman or volunteer fireman after at least 29 15 years of service, upon application to and approval by the board, shall have a vested right in and to a monthly benefit payable for the member's lifetime equal to a pro rata share amount of the maximum monthly retirement benefit provided in subsection (b) of this Code section in effect on the date of such termination of service, and the benefit under this subsection which amount shall be determined by the ratio of years served, being not less than 30 15 nor more than 25, to the full 25 year service retirement. h ratio shall be determined when the member terminates service as et fifeffitn of volunteer tiromfln. oucri Dcnetrts sri8.il commence on tne dste of t>nc memoer 9

Such benefits shall become payable when the member reaches 55 years of age or when he or she terminates employment as a fireman or volunteer fireman, whichever is later."
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, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Y Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates
Y Benefield Y Birdsong Y Bordeaux

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

THURSDAY, MARCH 3, 1994

1705

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 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 N Holland Y Holmes Y Howard
N 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 N Joyce Y Kaye Y Kinnamon N Klein

YLadd Y Lakly
Y Lane, D 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 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 N Powell
Y Purcell, A Y Purcell, B E Randall Y Randolph NRay Y Reaves Y Reichert Y Roberts
Royal N 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 Y Twiggs Y Vaughan
Walker Y Wall
Y Watson Y Watts Y Westmoreland
White Y Williams, B
Y Williams, R Y Yates
Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

I was in the Governor's office when the vote was taken on SB 82. I would like to be recorded as voting yes thereon.
/s/ Bob Lane 146th

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 report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 98, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, further consideration of SB 553 was postponed until tomorrow morning, immediately following the period of unanimous consents.

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

HR 1068.

By Representatives McKinney of the 51st, Davis of the 48th, Canty of the 52nd, Sinkfield of the 57th, Holmes of the 53rd and others:
A resolution commending Ms. Emma I. Darnell and inviting her to appear before the House of Representatives.

1706

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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 provide 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.
The following Senate substitute was read:
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 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 any subsidiary or affiliate thereof shall be subject to state, county, and municipal ad valorem taxation; to provide for applicability criteria; 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 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 exemptions and exclusions from taxes as are now granted to cities and counties for the operation 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 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 owned by a hospital authority which is located in a county 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, shall be subject to all state, county, and municipal ad valorem taxes in the same manner as other private 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.

Representative Groover of the 125th moved that the House agree to the Senate substitute to HB 674.
On the motion, 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 Benefield Y Birdsong
Y Bordeaux

Y Bostick Y Breedlove
Y Brooks, D

THURSDAY, MARCH 3, 1994

1707

Y Brooks, T Y Brown YBuck
Buckner Bunn Y Burkhalter YByrd Y Campbell
Canty Carlisle Y Carrell Y Carter
Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark
Y Coker Y Coleman, B 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 YEpps N Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Golden
Y Goodwin Y Greene Y Groover Y Hammond Y 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
Jamieson Y Jenkins
Y Johnson, D.H

Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce EKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D
Y Lane, R N Lawrence Y Lawson YLee Y Lewis YLord Y Lucas
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

On the motion, the ayes were 140, nays 5. The motion prevailed.

Y O'Neal 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 E Randall Y Randolph
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
Smyre YSnow Y Stancil, F N 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 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

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 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.

Representative Martin of the 47th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1225 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 Watson of the 139th, Powell of the 23rd and Martin of the 47th.

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:

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JOURNAL 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 possession shall be issued after the expiration of ten days.

Representative Wall of the 82nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 337 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 Wall of the 82nd, Barnes of the 33rd and Reichert of the 126th.

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

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 121 Do Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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 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 provide for a training course.

The following Senate amendment was read:

Amend HB 1536 by striking lines 7 through 10 of page 1 and inserting in lieu thereof the following:
"for very small public water supply systems; to provide for certification of operators of very small public water supply systems; to provide for a training course; to provide for examinations; to provide for reciprocity without examination in the issuance of certain licenses; to provide for other".

THURSDAY, MARCH 3, 1994

1709

By striking lines 17 and 18 of page 4 and inserting in lieu thereof the following:
"which designation shall apply to all very small public water supply systems in this state which are ground-water systems".
By striking lines 21 and 22 of page 4 and inserting in lieu thereof the following:
"qualifications to operate a very small public water supply system, (c) Any person who operates a very small public water supply".
By striking line 11 of page 5 and inserting in lieu thereof the following:
"Section 5. Said chapter is further amended by striking in its entirety Code Section 43-51-8, relating to lateral entry or reciprocity with other jurisdictions, and inserting in lieu thereof the following:
'43-51-8. The board, upon application, may issue a certificate by without examination to any person who holds a certificate in good standing issued by another country or by any state, territory, or possession of the United States which has requirements for certification substantially similar to those of the board. The beatd may adopt rates providing the circumstances under which auch certificates shall satisfy the experience
DOflrd nifty wflivc trie FCQUircmcnt tor ft written cxftmin&tion ir tiic ctppiicflnt ft t9' passed a written examination which the board deems t be substantially similar t the written examination seel fey the board.'
Section 6. All laws and parts of laws in conflict"

Representative Carter of the 166th moved that the House agree to the Senate amendment to HB 1536.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T
Brown Y Buck Y Buckner
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 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 Y 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
Jenkins Y Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J Y Johnston
Y Jones Joyce
EKaye 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 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 B 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 E Randall Y Randolph YRay
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
Smith, V Y Smith, W
Smyre YSnow Y Stancil, F
Y Stancil, S Stanley, L Stanley, P
Y Stephenson
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
White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

1710

JOURNAL OF THE HOUSE,

On the motion, the ayes were 149, nays 0. The motion prevailed.

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 firearms, 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 following Senate amendment was read:

Amend HB 1209 by adding on line 7 of page 1 between the semicolon and the word "to" the following:
"to change the exemption relating to probation personnel and to provide an exemption with respect to certain retired persons who at the time of their retirement exercised probation functions with the Department of Corrections; to provide that certain exemptions shall apply to persons in certain offices regardless of whether such persons are employed full time or engaged in official duties;".
By striking from line 6 of page 4 the following:
"subsection (a) of.
By striking from line 9 of page 4 the following:
"subsection (a)",
and inserting in lieu thereof the following:
"Code Section 16-11-130".
By adding on line 11 of page 4 between the quotation marks and the designation (a) the following:
"16-11-130."
By striking in their entirety lines 13 through 15 of page 4 and inserting in lieu thereof the following:
"persons if such persons are employed felt time in the offices listed below er if net full-time employees while engaged m pursuit ef official duty or when authorized".
By striking in their entirety lines 19 through 25 of page 5 and inserting in lieu thereof the following:
"(8) Probation supervisors Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act," when specifically designated and authorized in writing by the director of Division of Probation;".
By striking the quotation marks at the end of line 1 of page 6 and adding between lines 1 and 2 of page 6 the following:
"(b) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections

THURSDAY, MARCH 3, 1994

1711

were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of Division of Probation.
fb) (c) A prosecution based upon a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 need not negative any exemptions.'"

Representative Dobbs of the 92nd moved that the House agree to the Senate amendment to HB 1209.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Colwell Y Connell
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
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
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
Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce EKaye Y Kinnamon
Klein YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence
Y Lawson Y Lee
Lewis
Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee
Y McClinton McKinney Milam
Y Mills

On the motion, the ayes were 146, nays 0. The motion prevailed.

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

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 Senate amendment was read:

Amend HB 1307 by adding on line 12 of page 1 after "(b)" and before the word "and" the following:

By striking the word "place" on line 16 of page 1 and inserting in lieu thereof the following:

1712

JOURNAL OF THE HOUSE,

"respective places".
By adding on line 12 of page 2 after the word "request" and before the period the following:
"unless postponed by mutual consent".
By striking the quotation marks at the end of line 33 of page 2 and adding after line 33 of page 2 the following:
"(c) When a rate filing of an insurer required under subsection (b) of this Code section is not accompanied by the information upon which the insurer supports the filing and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this chapter, then the Commissioner must request in writing, within 20 days of the date he or she receives the filing, the specifics of such additional information as he or she requires and the insurer shall be required to furnish such information and in such event the 45 day period provided for in subsection (b) of this Code section shall commence as of the date such information is furnished.'"
Representative Williams of the 114th moved that the House agree to the Senate amendment to HB 1307.
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 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
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
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
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 Johnson, G Johnson, J Y Johnston Y Jones Y Joyce E Kaye Y Kinnamon 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 McKinney Y' Milam Y Mills

Y Moble' 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
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
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 Y Tillman Titus Y Towery Y Trense Turnquest Y Twiggs Y Vaughan Walker Y Wall Y Watson Y Watts Y Westmorland White Y Williams, B Y Williams, R Y Yates Y Yeargin Murphy, Spkr

On the motion, the ayes were 149, nays 0. The motion prevailed.

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 Annotated, relating to property exempt from ad valorem taxation, so as to provide for the exemption from ad valorem taxes of certain property owned by veterans organizations.

THURSDAY, MARCH 3, 1994

1713

The following Senate substitute was read:

A BILL

To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to provide for the exemption from ad valorem taxes of certain property owned by veterans organizations; to define "veterans organizations"; to provide for a state-wide referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, is amended by striking the word "and" from the end of subparagraph (a)(12)(B), by striking the period from the end of subparagraph (a)(13)(B) and substituting in lieu thereof the symbol and word "; and", and by adding a new paragraph (14) at the end of subsection (a) of said Code section to read as follows:
"(14) Property which is owned by and used exclusively as the headquarters, post home, or similar facility of a veterans organization. As used in this paragraph, the term 'veterans organization' means any organization or association chartered by the Congress of the United States which is exempt from federal income taxes but only if such organization is a post or organization of past or present members of the armed forces of the United States organized in the State of Georgia with at least 75 percent of the members of which are past or present members of the armed forces of the United States, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual."

Section 2. The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act on the date of and in conjunction with the July, 1994, general primary. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following:

"( ) YES ( ) NO

Shall the Act providing for the exemption from ad valorem taxes of property owned and used exclusively as the headquarters, post home, or similar facility by federally tax exempt veterans organizations chartered by the Congress of the United States, provided that any such organization is a post or organization of which 75 percent of its members are past or present members of the armed forces of the United States and no part of the net earnings of which inures to the benefit of any private shareholder or individual be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1995, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Birdsong of the 123rd moved that the House agree to the Senate substitute to HB 1297.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker

Y Bannister Y Barfoot Y Bargeron Y Barnes

Y Bates Y Benefield Y Birdsong
Bordeaux

Y Bostick Y Breedlove
Brooks, D Y Brooks. T

Y Brown Y Buck Y Buckner Y Bunn

1714

JOURNAL OF THE HOUSE,

Y Burkhalter YByrd
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
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

Evans Y 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
Hegstrom Y Hembree
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 Jones 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
McKinney Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock

On the motion, the ayes were 145, nays 0. The motion prevailed.

Y Padgett E 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 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
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 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

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 compensation of said judge; to provide for a secretary for such judge.

The following Senate substitute was read:

A BILL
To amend an Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4144), and particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5111), so as to change the provisions relative to the judge of said court and the compensation of said judge; to provide for a secretary for such judge; to provide for such secretary's compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4144), and particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5111), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) There shall be a full-time judge of the State Court of Walker County who shall be elected for a four-year term as provided by Code Section 15-7-20 of the O.C.G.A. In the event a vacancy occurs in the office of said judge for any reason, such vacancy shall be filled as provided in Code Section 15-7-23 of the O.C.G.A.

THURSDAY, MARCH 3, 1994

1715

(b) The judge of said state court shall receive a salary of $60,000.00 per annum. Such salary shall be paid in equal monthly installments from the funds of Walker County.
(c) In addition to the secretary appointed by the solicitor pursuant to Section 10.1 of this Act, the judge shall have the authority to appoint a secretary who shall serve at the pleasure of the judge and shall perform such duties as may be prescribed by the judge. Such secretary shall be compensated from the funds of Walker County in the amount of $15,500.00 per year, payable in equal monthly installments."
Section 2. This Act shall become effective on May 1, 1994.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Snow of the 2nd moved that the House agree to the Senate substitute to HB 1732.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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

Mr. Speaker:
The Senate has disagreed to the House amendment to the Senate substitute to the following Bill of the House:

HB 690. By Representative Barnes of the 33rd:
A bill to amend Code Section 17-15-8 of the Official Code of Georgia Annotated, relating to persons eligible for awards from the Georgia Crime Victims Compensation Board, so as to raise the maximum amount which may be awarded for a claim.

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

HR 1067. By Representative Murphy of the 18th: A resolution relative to adjournment.

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

1716

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 680 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Harris of the 112th District, Vice-Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 463 Do Pass SB 528 Do Pass, by Substitute SB 547 Do Pass, by Substitute
Respectfully submitted, /s/ Harris of the 112th
Vice-Chairman

The following Resolutions of the House were read and adopted:

HR 1069. By Representative Stancil of the 91st: A resolution recognizing and commending Rayford Dawson.

HR 1070.

By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th, Godbee of the 145th, Breedlove of the 85th 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 erecting a monument in honor of Georgia's World War II veterans.

HR 1071. By Representatives Buckner of the 95th, Benefield of the 96th, Lee of the 94th and Bailey of the 93rd:
A resolution commending Julie Beck.

HR 1072. By Representatives McKinney of the 51st, Davis of the 48th, Canty of the 52nd, Sinkfield of the 57th, Holmes of the 53rd and others:
A resolution commending Ms. Emma I. Darnell.

THURSDAY, MARCH 3, 1994

1717

HR 1073. By Representative Streat of the 167th:
A resolution congratulating Mr. and Mrs. Eldridge Marcellas Rish upon their fiftieth wedding anniversary.

HR 1074. By Representative Bannister of the 77th: A resolution commending the Five Forks Middle School Scholars Bowl Team.

HR 1075. By Representative Bannister of the 77th:
A resolution commending the Five Forks Middle School Academic Bowl Team.

HR 1076. By Representative Bannister of the 77th: A resolution commending Louise Radloff.

HR 1077. By Representatives Titus of the 180th, Bates of the 179th, Cox of the 160th, Royal of the 164th, Reaves of the 178th and others:
A resolution recognizing and commending Mr. Jack Wingate.

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

HR 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 accidental means, by a caretaker or has been neglected or exploited by a caretaker.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 91, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 512. By Senator Walker of the 22nd:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change 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 relating to examinations of applicants.

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

1718

JOURNAL OF THE HOUSE,

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron
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
Y Chambless
Y Chandler Y Channell Y Childers Y Clark
Y Coker Y Coleman, B
Coleman, T

Colwell
Connell Cox 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
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
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
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
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
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
E Randall Y Randolph
Ray Y Reaves
Reichert Y Roberts
Royal Y 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
Smyre Y Snow Y Stancil, F
Y Stancil, S Stanley, L Stanley, P Stephenson
Y Streat Y Taylor
Teague Y Teper
Thomas Y Tillman
Titus Y Towery Y Trense
Turnquest Twiggs Y Vaughan Walker Y Wall Y Watson Y Watts
Y Westmoreland White
Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 127, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 Annotated, relating to children and youth services, so as to provide that an assessment 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.

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

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

Brooks, T Brown Y Buck Y Buckner Y Bunn
Y Burkhalter Y Byrd Y Campbell
Canty Carlisle Y Carrell Y Carter Cauthorn Chambless Y Chandler

Y Channell Y Childers
Y Clark
Y Coker
Y Coleman, B Y Coleman, T Y Colwell
Connell YCox
Crawford 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
Goodwin Y Greene

Groover Y Hammond
Hanner Y Harris, B Y Harris, M
Hart Y Heard
Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes

THURSDAY, MARCH 3, 1994

1719

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
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
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 E Randall Y Randolph YRay Y Reaves
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 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

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

On the passage of the Bill, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 592. By Senators Gillis of the 20th and Huggins 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 provided by the Board of Natural Resources; to provide for applicability to certain persons.

The following Committee substitute was read and adopted:

A BILL
To amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to provide for a lifetime honorary hunting and fishing license for any person who is totally and permanently disabled; to provide an exception; to prohibit hunting with a crossbow except under such circumstances as provided by the Board of Natural Resources; to provide for applicability to certain persons; 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 subsection (a) of Code Section 27-2-4, relating to honorary hunting and fishing licenses, in its entirety and inserting in lieu thereof the following:
"(a) The department shall issue a lifetime honorary hunting and fishing license, which shall entitle a resident to hunt and fish in this state without the payment of any fee whatsoever, to each resident:
(1) Who has attained the age of 65 and who applies to the department for such license; or
(2) Who files with the department a letter fren* the United States Department efv ctcpflns /viiQirs o? tfom ft pnysicisn licensee to pro-crice medicine under tnc idW9 of
aei which letter contains information establishing that auch certification is baaed upon application ef the guidelines ad procedures fe* determining total disability it-
Affaira Schedule for Rating Disabilities, Loose Leaf Edition is permanently and totally

1720

JOURNAL OF THE HOUSE,

disabled. For purposes of this Code section, a permanent, total disability shall be a physical or mental impairment of a total and permanent nature which prevents gainful employment and which is certified as such by the United States Department of Veteran Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation; provided, however, that persons disabled because of a mental impairment shall be issued an honorary fishing license only."
Section 2. Said title is further amended by striking paragraph (6) of Code Section 27-3-4, relating to legal weapons for hunting wildlife, in its entirety and inserting in lieu thereof the following:
"(6) The use of crossbows for hunting within this state is prohibited; provided, how-
evePj tflftt HflGlVid'UQiS WnO PCCC1VC ftlid Petftifi ttl tlie IF pOSSe381On "ft illCtlHlC flOttOFftPy
hunting and fishing license pursuant te paragraph (2} ef- aubscction (} ef Code Section 27-2-4 fey filing with the department a letter freitt the United States Department ef- Veterans Affairs e* from a physician licensed te practice medicine under the tews- ef- Georgia
letter contains information establishing tht such certification is based upon application ef- the guidelines a4 procedures fer determining total disability ratings fer compcnsatie as contained in the United States Department ef Veterans Affairs Schedule for Rat-
spcliery sectson tor deep find during primitive we&pons tiunts on wiiditte Additionfiiiy, nidividu&is wno do not QUfliity top SR 11onorspy nunting license out iifld SIRputfltion T flu firm OP fiflfid msy oft issued ft specifti permit Dy ttiG dcp&ri-
ment te hunt deer with a crossbow except under such circumstances and conditions as the board shall prescribe by rule or regulation. Such rules or regulations may require that any person hunting with a crossbow obtain and retain in his or her possession a permit to hunt deer with a crossbow. Individuals who have received a special crossbow hunting permit from the department prior to July 1, 1002 1994, may continue to hunt deer with a crossbow;"
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins
Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick
Y" Breedlove Y Brooks, D
Brooks, T Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd
Y Campbell Y' Canty
Carlisle Y Carrell

Y Carter Cauthorn
Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman, B
Y Coleman, T Y Colwell
Connell YCox
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
Godbee Y 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 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 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
Poston Y Powell Y Purcell, A
Purcell, B

THURSDAY, MARCH 3, 1994

1721

E Randall Y Randolph Y Ray
Reaves 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 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
Turnquest Y Twiggs Y Vaughan
Y Walker

Y Wall Y Watson Y Watts
Westmoreland White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 452. By Senator Broun of the 46th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, 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.

The following amendment was read:

Representative Mills of the 21st moves to amend SB 452 by striking lines 1 through 3 of page 1 and inserting the following:
"To amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to the lottery for education, so as to provide for a shortfall reserve".
By striking line 6 of page 1 and inserting the following:
"the funds in such shortfall reserve subaccount; 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; to provide for exceptions; to provide for definitions; to provide for priority of collection; to provide for forms, rules, and regulations; to provide for sharing of information in certain circumstances and for confidentiality; to provide for immunity; to provide for deposit of moneys withheld into the shortfall reserve subaccount; to provide for costs; to provide for related matters; to repeal".
By striking lines 9 through 11 of page 1 and inserting the following:
"Section 1. Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to the lottery for education, is amended in Code Section 50-27-13, relating to the disposition of state lottery proceeds, by inserting at the end".
By striking lines 3 and 4 of page 2 and inserting the following:
"Section 2. Said chapter is further amended by adding a new article, to be designated Article 3, to read as follows:
'ARTICLE 3
50-27-70. As used in this article, the term: (1) "Prize" means the proceeds of any lottery prize awarded under Article 1 of
this chapter. (2) "Recipient of public assistance" means a person who has received a monetary
grant of Aid to Families with Dependent Children for his or her support through an agency, instrumentality, or political subdivision of the State of Georgia at any

1722

JOURNAL OF THE HOUSE,

time during the ten years immediately preceding the month in which such person wins a lottery prize; provided, however, that such ten-year period shall not include any period of time before July 1, 1993. 50-27-71. (a) The corporation is authorized and directed to withhold any lottery prize won by a person who is a recipient of public assistance or who has defaulted on any loan guarantied by the State of Georgia, subject to the collection from the prize of:
(1) The total cumulative amount of state funds expended in providing public assistance to the person for his or her support and not reimbursed by the United States or an agency of the United States; provided, however, that public assistance received by a person while under the care of his or her parent or guardian shall not be subject to collection under this article; and
(2) The amount of state funds expended by the state or any instrumentality of the state in discharge of the guaranty obligations of the state or its instrumentality and not reimbursed by the United States or an agency of the United States for a loan on which such person has defaulted. (b) Code Section 50-27-52 notwithstanding, the provisions of this article do not apply in instances when the lottery corporation is authorized and directed to withhold winnings subject to a lien created in accordance with Article 2 of this chapter. (c) The priority of collection shall be:
(1) The amount set out in paragraph (1) of subsection (a) of this Code section; and
(2) The amount set out in paragraph (2) of subsection (a) of this Code section. (d) The corporation shall not be required to deduct from prizes paid out by retailers or entities other than the corporation.
(e) The corporation is authorized to prescribe forms and promulgate rules and regulations which it deems necessary to carry out the provisions of this article.
(f) Agencies, instrumentalities, and political subdivisions of the state are authorized and directed to provide information to the corporation regarding persons who are recipients of public assistance or who have defaulted on any loan guarantied by the State of Georgia, unless such disclosure is prohibited by the laws or regulations of the United States or unless such disclosure would result in the loss of federal funds for public assistance, guaranty of loans, or reinsurance of loans.
(g) The corporation and agencies, instrumentalities, and political subdivisions of the state shall incur no civil or criminal liability for good faith adherence to the provisions of this article.
(h) If the amount of the prize exceeds the amount to be collected in accordance with this article, the amount in excess of that to be collected shall be awarded to the lottery winner. The corporation shall deduct from the amount collected costs incurred by the corporation in withholding prizes as provided by this article. The amount collected, minus such costs, shall be deposited in the shortfall reserve subaccount maintained in accordance with the provisions of paragraph (3) of subsection (b) of Code Section 50-27-13. The corporation shall provide to the General Assembly an annual accounting of withholdings, costs, and deposits to the general fund of the state treasury in accordance with this article.
50-27-72. (a) Notwithstanding Code Section 50-27-29, which prohibits disclosure by the corporation of the contents of prize winner records or information, and notwithstanding any other confidentiality statute, the corporation may provide to an agency, instrumentality, or political subdivision of the state with official duties relating to providing public assistance or guarantying loans all information necessary to accomplish and effectuate the intent of this article.
(b) The information obtained by an agency, instrumentality, or political subdivision of the state in accordance with this article shall retain its confidentiality and shall only be used by such agency, instrumentality, or political subdivision in pursuit of the collection authorized by this article. Any employee or prior employee of any agency, instrumentality, or political subdivision who unlawfully discloses any such information for any other purpose, except as otherwise specifically authorized by law,

THURSDAY, MARCH 3, 1994

1723

shall be subject to the same penalties specified by law for unauthorized disclosure of confidential information by an agent or employee of the corporation.' Section 3. All laws and parts of laws in conflict with this Act are repealed."

The following amendment was read and lost:

Representative Ladd of the 59th moves to amend the Mills amendment to SB 452 as follows:
Add: Page 3, Line 11
(3) Any unpaid child support payments Add: Page 3, Line 22 (3) The amount set out in paragraph (3) of subsection (a) of this Code section.

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

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

N Colwell
Connell NCox Y Crawford Y Crews N Culbreth
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
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
Jamieson Jenkins Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly
Lane, D N Lane, R
Y Lawrence N Lawson YLee Y Lewis
Lord N Lucas Y Maddox Y Mann N Martin N McBee N 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 E Parham N Parrish N Patten N Pelote
N Perry Y Pinholster
N Poag N Polak
N Porter Poston
N Powell N Purcell, A Y Purcell, B E Randall Y Randolph
NRay Reaves
N Reichert
N Roberts Royal
N Scoggins N Shanahan N Sherrill
N Shipp N Simpson N Sinkfield
N Skipper

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

On the adoption of the amendment, the ayes were 49, nays 100. The amendment was lost.

Mr. Clerk:
On HB 452 on the Mills amendment, the tote board indicated the "Ladd AM" rather than "Mills AM" and I inadvertently voted no on the Mills AM and wished to vote yes. Please correct the record.
Thank you,

1724

JOURNAL OF THE HOUSE,

/B/ John Hammond Dist. 32

The report of the Committee, which was favorable to the 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 Bostick Y Breedlove
Y Brooks, D Y 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

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 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
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 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
Poston Y Powell
Y Purcell, A Y Purcell, B E Randall Y Randolph YRay
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
Smyre YSnow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor Y Teague
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, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was

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 Development 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.

The following amendment was read:
Representatives Lawson of the 20th and Mills of the 21st move to amend SB 377 as follows:
On page 3 line 19 by adding the word "not" after the word "shall". And by striking ", but not required," on page 3 line 20.

THURSDAY, MARCH 3, 1994

1725

By striking on page 4 line 10 the words "on behalf of members".
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
Y Barnes N Bates N Benefield
N Birdsong Bordeaux Bostick
Y Breedlove
Y Brooks, D N Brooks, T N Brown
NBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell
Canty N Carlisle N Carrell N Carter
Cauthorn
N Chambless N Chandler N Channell N Childers
N Clark
Y Coker Y Coleman, B
Coleman, T

N Colwell
Connell NCox
Y Crawford Y Crews N Culbreth N Cummings
Davis, G Y Davis, M
Y Dickinson YDix Y 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 Y Goodwin N Greene
Groover N Hammond N Manner
N Harris, B
Y Harris, M NHart N Heard
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 Johnson, G
N Johnson, J N Johnston N Jones Y Joyce YKaye N Kinnamun Y Klein YLadd Y Lakly
Lane, D N Lane, R Y Lawrence Y Lawson NLee Y Lewis NLord N Lucas Y Maddox
Mann N Martin N McBee N McClinton
McKinney Y Milam Y Mills

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

Smith, C Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W Smyre 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
Tillman N Titus Y Towery Y Trense Y Turnquest N 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 N Murphy, Spkr

On the adoption of the amendment, the ayes were 53, nays 98. 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 Y 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 N Bunn Y Burkhalter

YByrd Y Campbell
Canty Y Carlisle Y Carrell
Y Carter
Cauthorn
Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T Y Colwell
Connell YCox Y Crawford
Y Crews Y Culbreth

Y Cummings
Y Davis, G Y Davis, M Y Dickinson NDix
Y Dixon, H Y Dixon, S
Dobbs N Ehrhart YEpps N Evans N 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
Hegstrom Y Hembree Y 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 Johnson, G
Y Johnson, J

Y Johnston Y Jones
N Joyce N Kaye Y Kinnamon N Klein NLadd N Lakly
Lane, D Y Lane, R N Lawrence N Lawson YLee Y Lewis
YLord Y Lucas N Maddox
Mann Y Martin Y McBee Y McClinton

1726

JOURNAL OF THE HOUSE,

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

Y Pelote Y Perry N Pinholster YPoag Y Polak
Porter E Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Raj-
Reaves Y Reichert

Y Roberts Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skipper Smith, C
Y Smith, L N Smith, P
Smith, T N 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

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

On the passage of the Bill, the ayes were 129, nays 25. The Bill, having received the requisite constitutional majority, was passed.

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 Annotated, relating to deposits of securities in lieu of bonds of state depositories, so as to provide that securities guaranteed by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, and certain other entities may be pledged as collateral to secure public deposits.

The report of the Committee, which was favorable to the 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
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
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
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 Ylrvin Y James
Jamieson Jenkins Y Johnson, D.H Johnson, E Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein
Ladd Y Lakly
Lane, D
Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis
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 E 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
Skipper

On the passage of the Bill, the ayes were 156, nays 0.

Y Smith, C Smith, L
Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre YSnow
Y Stancil, F Y Stancil, S Y Stanley, L
Y Stanley, 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 Westmoreland Y White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

THURSDAY, MARCH 3, 1994

1727

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

SR 453. By Senator Farrow of the 54th: A resolution designating the T. P. Ramsey Bridge.

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

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

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Y Dickinson YDix Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Felton Y 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 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 Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce
YKaye Y Kinnamon Y Klein
Ladd Y Lakly
Y Lane, D Y Lane, R Y Lawrence
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
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 E 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
Y Simpson 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 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 Westmorland Y White
Williams, B Y Williams, R
Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, the ayes were 152, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

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 fpllows:

YAshe Y Atkins Y Bailey

Y Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong
Bordeaux

Y Bostick Y Breedlove Y Brooks, D

1728

JOURNAL OF THE HOUSE,

Y Brooks, T Y Brown YBuck
Y Buckner Bunn
Y Burkhalter YByrd
Y Campbell Canty
Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman, B
Y Coleman, T Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H

Y Dixon, S Dobbs
Y Ehrhart YEpps Y Evans Y Felton
Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin
Greene Y Groover Y Hammond
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
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
Lane, D
Y Lane, R Y Lawrence
Lawson
Y Lee Y Lewis YLord Y Lucas
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
YPoag Y Polak Y Porter E 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
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
Tillman 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 Yates
Y Yeargin Murphy, Spkr

On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:

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 following Senate substitute was read:

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; 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 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, is amended by inserting at the end thereof the following:
"15-9-17. Notwithstanding the provisions of Code Section 15-9-122 or any other provision of law to the contrary, in any action before the probate court in which the service of a minor or an incapacitated adult is required, such service may be made by:

THURSDAY, MARCH 3, 1994

1729

(1) Serving the legal guardian or guardian ad litem of such minor or incapacitated adult if such legal guardian or guardian ad litem:
(A) Acknowledges receipt of such service; and (B) Certifies that he or she has delivered a copy of the document so served to the minor or incapacitated adult; and (2) Mailing by the petitioner of a copy of the document so served to the minor or incapacitated adult by certified mail. The acknowledgment and certification of the legal guardian or guardian ad litem and the certificate of the mailing to the minor or incapacitated adult shall be filed with the court as proof of such service."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Holland of the 157th moves to amend the Senate substitute to HB 71 by striking line 18 on page 1 and inserting in lieu thereof the following:
"(1) Mailing by the probate court of a copy of the document to be served to the minor or incapacitated adult by certified mail; and
(2) Serving the legal guardian or guardian ad".
By striking line 25 of page 1 and lines 1 through 3 of page 2 and inserting in lieu thereof the following:
"the minor or incapacitated adult."

Representative Holland of the 137th moved that the House agree to the Senate substitute, as amended by the House, to HB 71.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Coker Y Coleman, B Y Coleman, T
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 Y Floyd, J.W
Godbee Y Golden Y Goodwin
Greene Groover
Y Hammond Manner
Y Harris, B Y Harris, M
Hart

Y Heard Y Hegstrom Y Hembree
Henson Y Holland
Holmes Y Howard Y Hudson Y Hughes Y Hugley Y 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 Kinnatnon Y Klein YLadd Y Lakly
Lane, D Y Lane, R
Y Lawrence Y Lawson YLee Y Lewis YLord

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 Y Porter E 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
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 Tillman
Y Titus Y Towery

1730

JOURNAL OF THE HOUSE,

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 motion, the ayes were 146, nays 0. The motion prevailed.

The Speaker assumed the Chair.

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 Professional Counselors, Social Workers, and Marriage and Family Therapists, so as to provide an exemption from licensure for certain additional counselors.

The following Senate amendment was read:

Amend HB 1330 by striking lines 7 and 8 of page 6 and inserting in lieu thereof the following:
"of full-time paid experience under direction provided by a person acceptable to the association in the practice of chemical".
By striking line 14 of page 6 and inserting in lieu thereof the following:
"supervision provided by a supervisor who meets the qualifications established by the association and which teaches".
By striking line 17 of page 6 and inserting in lieu thereof the following:
"shall be limited to those practices".
By striking line 22 of page 6 and inserting in lieu thereof the following:
"assessment for addiction diseases; treatment planning; individual, family,"
By striking line 23 of page 6 and inserting in lieu thereof the following:
"and group addiction counseling; case management; crisis".

Representative Martin of the 47th moved that the House agree to the Senate amendment to HB 1330.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Brown Y Buck Y Buckner
Bunn
Y Burkhalter Y Byrd
Y Campbell 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
Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
Dix Y Dixon, H

Y Dixon, S Y Dobbs Y Ehrhart Y Epps
Y Evans Y Felton
Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin
Greene Groover Y Hammond Hanner Y Harris, B

Y Harris, M Y 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

THURSDAY, MARCH 3, 1994

1731

Y Johnson, D.H Y Johnson, E
Y Johnson, G Johnson,J
Y Johnston
Y Jones Y Joyce YKaye Y Kinnamun Y Klein YLadd Y Lakly
Lane, D
Y Lane, R Y Lawrence Y Lawson YLee
Lewis YLord Y Lucas

Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Y Milara 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 E 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 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
Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Y Walker Y Wall
Y Watson Y Watts Y Westmoreland Y White
Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 149, nays 0. The motion prevailed.

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

The following Senate substitute was read:
A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to 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 commissioner of community affairs and the state revenue commissioner with respect to such credit; to provide for certain adjustments to such credit; to provide for transfer and continuation of such credit under certain circumstances; to authorize such credit to be carried forward from the close of certain taxable years; to change certain provisions regarding job tax credits in certain less developed areas comprised of certain contiguous census tracts; to create manufacturer's investment tax credits for certain investments in real and personal property used in a manufacturing facility; to provide for definitions; to provide for certain qualifications and restrictions in connection 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 certain sales of electricity; to provide for additional exemptions from sales and use taxation for sales of certain manufacturing machinery and delete certain procedural requirements and limitations; to provide for an exemption from sales and use taxation for sales of primary material handling equipment under certain circumstances; to amend Code Section 36-62-5.1 of the Official Code of Georgia Annotated, 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; to provide for conditions and limitations; 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.

1732

JOURNAL OF THE HOUSE,

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 counties 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 industries. Such term shall not include retail businesses.
(b) (1) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the 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; (C) Highest percentage of residents whose income is incomes are below the poverty level according to the most recent data available; and (D) Average weekly manufacturing wage according to the most recent data available. (2) Counties ranked and designated as the first through fortieth fifty-third least developed counties shall be classified as tier 1 aet t counties ranked and designated as the forty-first fifty-fourth through eightieth one hundred sixth least developed counties shall be classified as tier 22 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 less developed area 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 fre the list ef less 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 ad ^ business enterprises 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 designated 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 withholding 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 or more a less developed area 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

THURSDAY, MARCH 3, 1994

1733

bj; 50 or more shall be eligible for the credit. Credit shall not be allowed during a year if the net employment increase falls below ten the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below te the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of ten 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 determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit.
(g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification.
(h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year.
(i) Notwithstanding any provision of this Code section to the contrary, in counties designated as tier 1 counties prior to January l 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.
0) Notwithstanding any provision of this chapter to the contrary, any business enterprise in the fifty-fourth to eightieth least developed counties eligible for a tax credit pursuant to this Code section as applicable to tax years beginning on or after January 1^ 1993, shall have the option of electing such tax credit in taxable year 1994 in lieu of the tax credit otherwise available pursuant to this Code section. The board of community affairs shall promulgate regulations necessary for the implementation of this subsection. This subsection shall be repealed in its entirety effective January 1^ 1995."
Section 3. Said title is further amended by striking subsections (c) and (e) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, and inserting in their place new subsections (c) and (e), respectively, to read as follows:
"(c) The commissioner of community affairs shall be authorized to include in the designation provided for in subsection (b) of this Code section any :
(1) Any area comprised of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area;; or
(2) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy-outs, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs, results or will result in a sudden and severe
period of economic distress. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area."
"(e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $2,000.00 $2,500.00 annually for each new full-time employee job for

1734

JOURNAL OF THE HOUSE,

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 withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by ten or more in a less developed area shall be eligible for the credit. In addition, not less than 66 30 percent of such new full-time jobs must be held by a resident of the less developed area for which the credit is sought or another such designated less developed area. Credit shall not be allowed during a year if the net employment increase falls below ten. Any credit received for years prior to the year in which the net employment increase falls below ten shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of ten."
Section 4. 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) 'Product' means a marketable product or component of a product which has
an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products.
(2) '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 facility 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.
(3) '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.
(4) '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.
(5) 'Recycling machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manufacture recovered materials into finished products which are composed of at least 25 percent recovered materials, such term including, but not being limited to, power generation and pollution control machinery and equipment.
(6) 'Recycling manufacturing facility' means any facility, including land, improvements 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 consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility,

THURSDAY, MARCH 3, 1994

1735

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 investment 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 having an aggregate cost in excess of $1 million 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 minimum:
(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, provided that such qualified investment property remain in service. 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. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer. (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 includes 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 qualified 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 subsection 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) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products.

1736

JOURNAL OF THE HOUSE,

(2) '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 facility 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.
(3) '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.
(4) '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.
(5) 'Recycling machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manufacture recovered materials into products which are composed of at least 25 percent recovered materials, such term including, but not being limited to, power generation and pollution control machinery and equipment.
(6) 'Recycling manufacturing facility' means any facility, including land, improvements to land, buildings, building improvements, and any recycling machinery and equipment used in the recycling process resulting in the manufacture of 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 consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention 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 investment 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 having an aggregate cost in excess of $3 million 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 minimum:
(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;

THURSDAY, MARCH 3, 1994

1737

(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, provided that such qualified investment property remains in service. 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. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer;
(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 includes 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 qualified 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 subsection 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. 48-7-40.4. (a) As used in this Code section, the term:
(1) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products.
(2) '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 facility 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.
(3) '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.
(4) '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.
(5) 'Recycling machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manufacture recovered materials into products which are composed of at least 25 percent recovered materials, such term including, but not being limited to, power generation and pollution control machinery and equipment.
(6) 'Recycling manufacturing facility' means any facility, including land, improvements to land, buildings, building improvements, and any recycling machinery and

1738

JOURNAL OF THE HOUSE,

equipment used in the recycling process resulting in the manufacture of 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 3 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 1 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 consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention 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 having an aggregate cost in excess of $5 million 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 minimum:
(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, provided that such qualified investment property remains in service. 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. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer;
(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 includes 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 qualified 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

THURSDAY, MARCH 3, 1994

1739

(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 retraining 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 Education; 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, vacation time, or other compensable time. (2) 'Cost of retraining' means direct instructional costs as defined by the Department of Technical and Adult Education including instructor salaries, materials, supplies, 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, university, 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 of the costs of retraining per full-time equivalent student, or $500.00 per full-time equivalent 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 department 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 section.
(e) The Department of Technical and Adult Education is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving employer provided and employer sponsored retraining programs. In establishing such standards, the Department of Technical and Adult Education shall establish required

1740

JOURNAL OF THE HOUSE,

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 reasonable 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, provided that the facility is in Georgia.
(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 to the employer less any amounts paid for by employees during a taxable year. (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 4A. 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 telephone services, beverages, and tobacco products, when made to any purchaser for purposes other than resale.
(ii) The sale of electricity used directly in the manufacture of a product 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 all materials, including electricity, used directly in the product and shall be exempt from taxation under this article. Such exemption shall be applied to manufacturers located in this state on or before January l 1995, as follows:
(I) For taxable years beginning on or after January 1^ 1995, and prior to January lj 1996, 20 percent of the direct cost of such electricity shall be exempt;
(II) For taxable years beginning on or after January ^ 1996, and prior to January lj 1997, 40 percent of the direct cost of such electricity shall be exempt;
(III) For taxable years beginning on or after January 1^ 1997, and prior to January 1, 1998, 60 percent of the direct cost of such electricity shall be exempt;
(IV) For taxable years beginning on or after January 1^ 1998, and prior to January 1^ 1999, 80 percent of the direct cost of such electricity shall be exempt; and
(V) For taxable years beginning on or after January 1 1999, 100 percent of the direct cost of such electricity shall be exempt. Such exemption shall be applied to manufacturers who locate in this state after January lj 1995, as follows: for taxable years beginning on or after January 1 of the taxable year immediately following the taxable year in which such manufacturer locates in this state, 20 percent of the direct cost of such electricity shall be exempt; and for each ensuing taxable year, such exemption amount shall increase by 20 percent effective on January 1 of the taxable year so that by the fourth such ensuing taxable year 100 percent of the direct cost of such electricity shall be exempt."

THURSDAY, MARCH 3, 1994

1741

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) {*} Machinery which is used directly in the manufacture of tangible personal
property when the machinery is bought to replace or upgrade machinery in a manufacturing plant presently existing in this state te the extent that the normal produc-
the machinery replaced; \tt/ Any person m&Kin^ ft sftie top ftfty of tti6 purposes specified ift wiis suDpflFQ"
gr&pti siiciii collect tfic tflx imposed on trie ssie oy tins &fticic ftnd rcmtr tnc tux TO the commissioner. T-e obtain the benefits ef this subparagraph, the purchaser ahall file a claim fer refund with the commissioner i the manner authorized fey general lawt and; if the commissioner determines that the requirements ef this subparagraph
DeeR Hietj tte mfly rctunQ witftout interest t>ne portion of tfic ttx piid oy tnc which the commissioner finds te fee de under this subparagraph. Per th
purposes ef this aubparagraph, the amount ef ta* paid- by the purchaser ahall be the flmount pflid toe seller ds to.x less tfi ftmount tne seller is flitowed TO rctflin ~&s coin pensQtiofl ior ciccountin^ tor Qnd Fem11tin wie tflxj (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 manufacturing plant located in this state; (C) Machinery which is used directly in the manufacture of tangible personal property when;
(i) The the machinery is incorporated as additional machinery for the first time into a manufacturing plant presently existing in this state; and
{) The acquisition ef the machinery rcaulta in substantial increase the preductive capacity ef-the plant; (D) Any person making a sale of machinery for either any of the purposes specified in subparagraphs (A), (B)2 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 commissioner 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 commissioner, 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 following 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 either part of an expansion worth $10 million or more of an existing warehouse or distribution facility or part of the construction of a new warehouse or distribution facility worth $10 million or more;".
Section 7. Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint development authorities, is amended by adding a new subsection at the end thereof, to be designated subsection (e), to read as follows:
"(e) A business located within the jurisdiction of a joint authority established by two or more contiguous counties will qualify for the greatest dollar amount of job tax credits of any of the participating counties, regardless of the county in which the business is physically located. An additional $500.00 tax credit for each new full-time employee position created is available for businesses engaged in manufacturing, warehousing, distributing, wholesaling, processing, research and development, or any other project pursuant to paragraph (6) of Code Section 36-62-2 and located within the jurisdiction of the

1742

JOURNAL OF THE HOUSE,

joint authority or for any business engaged in any such activity or activities the corporate headquarters of which is located within the jurisdiction of the joint authority. The $500.00 job tax credit authorized by this subsection shall be subject to all the conditions and limitations specified under Code Section 48-7-40, as amended."
Section 8. This Act shall become effective upon July 1, 1994, and Sections 1, 2, 3, 4, and 7 of this Act shall be applicable to all taxable years beginning on or after January 1, 1994.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:
Representative Kay, et al. move to amend the Senate substitute to HB 1527 as follows:
Page 4 line 13 delete "$2,500.00" replace with "$3,000.00"
line 17 delete "$1,500.00" replace with "$2,000.00"
line 21 delete "$500.00" replace with "$1,000.00".
Representative Kaye of the 37th moved that the House agree to the Senate substitute, as amended by the House, to HB 1527.
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 N Benefield N Birdsong
Bordeaux
Bostick Breedlove Y Brooks, D N Brooks, T Y Brown NBuck Buckner Y Bunn N Burkhalter
NByrd N Campbell
N Canty Carlisle
N Carrell N Carter
Cauthorn N Chambless N Chandler N Channell
N Childers Y Clark Y Coker
Coleman, B 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
N Epps Y Evans
Y Felton N Floyd, J.M N Floyd, J.W N Godbee N Golden Y Goodwin
Greene Groover 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 Johnson, G Y Johnson,J Y Johnston
N Jones Y Joyce YKaye N Kinnamon Y Klein NLadd Y Lakly N Lane, D N Lane, R Y Lawrence
Lawson NLee N Lewis
NLord N Lucas Y Maddox YMann N Martin N McBee
McClinton McKinney N Milam Y Mills

On the motion, the ayes were 41, nays 105.

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

Smith, C N Smith, L N Smith, P
Smith, T Y Smith, V
Y Smith, W N Smyre N Snow N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson
Streat N Taylor
N Teague N Teper
N Thomas N Tillman Y Titus Y Towery N Trense N Turnquest N 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

THURSDAY, MARCH 3, 1994

1743

The motion was lost.

The following amendment was read:

Representative Teper of the 61st moves to amend the Senate substitute to HB 1527 as follows:
Page 25 and 26 strike Section 4A.

Representative Teper of the 61st moved that the House agree to the Senate substitute, as amended by the House, to HB 1527.
On the motion, 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 Y Barnes N Bates N Benefield N Birdsong
Bordeaux Bostick N Breedlove N Brooks, D Y Brooks, T
N Brown N Buck N Buckner Y Bunn N Burkhalter NByrd Y Campbell
N Canty Carlisle
N Carrell N Carter
Cauthorn N Chambless N Chandler N Channel!
N Childers N Clark N Coker
Coleman, B Coleman, T

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

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

On the motion, the ayes were 32, nays 116. The motion was lost.

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

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

Representative Baker of the 170th moved that the House agree to the Senate substitute to HB 1527.
On the motion, 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
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T

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 Channell Y Childers

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

1744

JOURNAL OF THE HOUSE,

N Crews Y Culbreth Y Cummings Y Davis, G N 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 Y Goodwin
Greene
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 N Irvin
James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E
Johnson, G
Y Johnson, J N Johnston Y Jones Y Joyce
Y Kaye
Y Kinnamon Y Klein
Y Ladd Y Lakly Y Lane, D Y Lane, R
N Lawrence Lawson

Y Lee Y Lewis Y Lord Y 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 Mueller
E Oliver Y O'Neal
Y Orrock
Y Padgett E Parham
Y Parrish Patten
Y Pelote Y Perry
Y Pinholster Y Poag

On the motion, the ayes were 146, nays 11. The motion prevailed.

Y Polak Y Porter E Poston Y Powell Y Purcell, A
Y Purcell, B Y Randall Y Randolph
Ray 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 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
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

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 440 Do Pass, by Substitute SB 446 Do Pass SB 645 Do Pass
Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 494 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

THURSDAY, MARCH 3, 1994

1745

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

1746

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, March 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.
The roll was called and the following Representatives answered to their names:

Ashe
Atkins
Bailey Baker
Bannister Barfoot Bargeron Barnes Bates Benefield Birdsong Bostick Breedlove Brooks, D Brooks, T
Brown
Buckner Bunn
Campbell Canty Carrell Carter Chandler Channell Childers Coker
Coleman, B Colwell

Connell
Crawford
Crews Culbreth
Cummings
Davis, M Dickinson Dix Dixon, H Dixon, S Ehrhart Epps Floyd, J.M Floyd, J.W Godbee Golden
Greene Groover Hammond Hanner Harris, B
Harris, M Heard Hembree Henson Holland
Howard

Hudson Hughes Hugley Irvin James Jamieson Jenkins Johnson, D.H Johnson, E Johnson,G Johnson, J Johnston Jones Kaye Kinnamon
Klein
Ladd
Lakly
Lane, D
Lawrence
Lawson
Lewis
Lord
Maddox
Mann
Martin
McBee

McClinton Milam Mills Mobley, J Moore Mosley Mueller O'Neal Padgett Patten Pelote Perry Pinholster Poag Polak
Powell
Purcell, A
Randolph
Ray
Reaves
Reichert
Roberts
Royal
Shanahan
Sherrill
Shipp
Skipper

Smith, C Smith, L Smith, P Smith, T Smith, V Snow Stancil, F Stancil, S Stephenson Streat Taylor Teper Tillman Titus Towery
Trense
Turnquest
Twiggs Vaughan
Wall
Watson
Watts
Westmorland
Williams, B
Williams, R
Yeargin
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Lee of the 94th, Poston of the 3rd, Buck of the 135th, Davis of the 48th, Hart of the 116th, Bordeaux of the 151st, White of the 161st, Evans of the 28th, Stanley of the 50th, Hegstrom of the 66th, Orrock of the 56th, Joyce of the 1st, Lucas of the 124th, Sinkfield of the 57th, Simpson of the 101st, Cauthorn of the 35th, Chambless of the 163rd, Thomas of the 100th, Yates of the 106th, Porter of the 143rd, Stanley of the 49th, Carlisle of the 107th, Teague of the 58th and Felton of the 43rd.
They wish to be recorded as present.

Prayer was offered by Dr. Jim Dyer, Southwest Christian Church, East Point, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

FRIDAY, MARCH 4, 1994

1747

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 2016. By Representatives Kinnamon of the 4th, Towery of the 30th, Williams of the 114th, Lord of the 121st, Snow of the 2nd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that the State Board of Workers' Compensation shall replace the Commissioner of Insurance in matters relative to group self-insurance funds; to define certain terms; to provide that no law shall prevent certain groups from forming selfinsurance groups.
Referred to the Committee on Industrial Relations.

HB 2017. By Representatives Campbell of the 42nd, Sherrill of the 62nd, O'Neal of the 75th and Trense of the 44th:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions used in the "Georgia Lottery for Education Act," so as to redefine educational purposes and programs to provide that voluntary pre-kindergarten programs shall include substantially similar programs for students who are eligible for special education services and otherwise eligible for voluntary pre-kindergarten.
Referred to the Committee on Industry.

HB 2021. By Representative Tillman of the 173rd:
A bill to amend an Act creating the Board of Commissioners of Mclntosh County, so as to provide for four-year terms of office for members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2022. By Representatives Hart of the 116th, Padgett of the 119th, Brown of the 117th, Howard of the 118th and Connell of the 115th:
A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to provide for an additional judge thereof and for that judge's appointment, election, terms, powers, duties, jurisdictions, privileges, immunities, qualifications, and compensation.
Referred to the Committee on State Planning & Community Affairs - Local.

1748

JOURNAL OF THE HOUSE,

HB 2023. By Representative Twiggs of the 8th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to repeal the provisions relating to purchases by the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2024. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A bill to amend an Act providing for the method of filling vacancies in the membership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2025. By Representative Smith of the 109th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the reference to city administrator to city manager; to delete the provisions providing for a director of utilities and public works; to provide for supervisors.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2026. By Representative Breedlove of the 85th:
A bill to provide a homestead exemption from all City of Sugar Hill ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value of the homestead for residents of the City of Sugar Hill who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2027. By Representatives Walker of the 141st, Ray of the 128th and Watson of the 139th:
A bill to amend an Act creating the Perry-Fort Valley Airport Authority, so as to change the composition of the authority; to change the political subdivisions of the state represented on the authority; to change the name of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2028. By Representative Stephenson of the 25th:
A bill to amend an Act entitled "An Act incorporating the Town of Pendergrass, in the County of Jackson," so as to provide a new charter for the City of Pendergrass.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 2010 HB 2011 HB 2012

HB 2013 HB 2014 HB 2015

FRIDAY, MARCH 4, 1994

1749

HB 2018 HB 2019 HB 2020

HR 1066 SB 640

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 following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 648 Do Pass, as Amended
Respectfully submitted, /s/ Lucas of the 124th
Chairman

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

Mr. Speaker:

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

HB 1905 Do Pass HB 1987 Do Pass HB 1990 Do Pass HB 1994 Do Pass HB 1995 Do Pass HB 1996 Do Pass HHBB 11999978 DDoo PPaassss
HB 1999 Do Pass
HB 2000 Do Pass
HB 2001 Do Pass
HB 2002 Do Pass

HB 2003 Do Pass HB 2004 Do Pass HB 2005 Do Pass HB 2006 Do Pass HB 2Q08 Do Pass SB 664 D p SB 665 ^Do Pass
SB 666 Do Pass
SB 692 Do Pass
SB 693 Do Pass
SB 702 Do Pass

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

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, MARCH 4, 1994
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:
SB 41 Torts; certain voluntary services for public schools; liability SB 245 Driver's license; exemptions; driver education course SB 396 Schools; moment of silent meditation; allow daily SB 434 Professional counseling; licensing exemption

1750

JOURNAL OF THE HOUSE,

SB 442 Foster care parents; records check SB 456 Superior court clerks; records; requirements SB 457 Agencies; proposed rules; General Assembly distribution SB 511 Mental health; regional and community boards; membership SB 525 Music Hall of Fame Authority; powers
SR 469 Whitfield County; lease property SR 500 Whitfield 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 and Senate were taken up for consideration and read the third time:

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 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 continue in office the mayor and certain members of the city council and provide for the expiration of their terms; to provide for council districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1990.

By Representatives Moore of the 113th, Williams of the 114th, Harris of the 112th and Bargeron of the 120th:
A bill to provide for a supplement to the compensation, expenses, allowances, and supplements of the sheriff of Columbia County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 4, 1994

1751

HB 1994. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1995.

By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relating to the salary of the tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1996.

By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1997. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the provisions relating to the salary of the sheriff.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1998. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to increase the salary of the clerk of the Superior Court of Clayton County.

1752

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1999.

By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 2000.

By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 2001.

By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act entitled "An Act changing the composition and manner of selection of the Board of Education of Clayton County," so as to change the compensation of the chairperson and members of such board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 2002.

By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the compensation of the coroner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 4, 1994

1753

HB 2003. By Representatives Bailey of the 93rd, Buckner of the 95th, Johnson of the 97th, Benefield of the 96th and Lee of the 94th:
A bill to establish a civil service system for the employees of Clayton County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 2004.

By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to the compensation of the chairman.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 2005. By Representative Twiggs of the 8th:
A bill to amend an Act creating the Clayton-Rabun County Water and Sewer Authority, so as to change the provisions relating to the financing of projects.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 2006.

By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to revise the residency requirement for persons qualifying for election as a member of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 2008.

By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act establishing a system of public schools in the City of Americus, so as to provide for the funding of such schools for fiscal year 1995.

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

1754

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 93, nays 4. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

SB 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

SB 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

SB 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 provide 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.

FRIDAY, MARCH 4, 1994

1755

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

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 districts; to provide for submission of this Act to the United States Attorney General; to provide for automatic repeal.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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 provisions relating to education districts; to provide for definitions and insertions; to provide for submission of this Act to the United States Attorney General.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 721. By Senators Hemmer of the 49th and Day of the 48th:
A bill to amend an Act creating a board of commissioners for Forsyth County, as amended, so as to change the manner of filling vacancies on said board; to provide for certain submissions.

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 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.

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 Annotated, relating to license to provide in-room service by hotels, so as to provide that distilled spirits provided by in-room service shall not be sold in packages containing less than 50 milliliters each.

1756

JOURNAL OF THE HOUSE,

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.

HB 1192. By Representative Greene of the 158th:
A bill to amend Code Section 21-3-60 of the Official Code of Georgia Annotated, 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.

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.

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 certain reserve funds may be used to pay operating costs until June 30, 1997.

HB 1486. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to provide that the term passenger vehicle includes pickup trucks or vehicles equipped for off-road use.

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.

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 Annotated, relating to the levy of occupation tax by counties and municipalities, and Code Section 48-13-16 of the Official Code of Georgia Annotated, relating to businesses or practitioners of occupations exempt from occupation taxes of local governments, so as to clarify that certain businesses and occupations 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.

FRIDAY, MARCH 4, 1994

1757

HB 1676. By Representative Oliver of the 154th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the filing requirements 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 Senate has adopted by the requisite constitutional majority the following Resolution of the House:

HR 773. By Representative James of the 140th: A resolution designating the Herbert A. Saliba Bridge.

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

HB 837. By Representatives Snow of the 2nd, Bargeron of the 120th, Powell of the 23rd, Johnson of the 97th, Atkins of the 29th and others:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for timely payments to contractors, subcontractors, and suppliers; to provide for definitions; to provide time limits for payments to contractors and subcontractors; to provide for the withholding of payments and grounds therefor.

HB 1195. By Representative Watson of the 139th:
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 certain personal property at flea markets and nonregistered vendors to maintain certain records.

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 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 renegotiation and filing.

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

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 Annotated, relating to participation in or contribution to political campaigns by employees of the Department of Public Safety, so as to provide for an exception; 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.

1758

JOURNAL OF THE HOUSE,

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 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 permit the director immediately to issue emergency orders for corrective action without awaiting the concurrence of the governor.

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.

The Senate insists on its substitute to the following Bill 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 Annotated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valuations established on appeal can be changed for subsequent taxable years.

The Senate adheres to its amendment and has appointed a Committee of Conference on 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Isakson of the 21st, Broun of the 46th and Thompson of the 33rd.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following 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 possession shall be issued after the expiration of ten days.

FRIDAY, MARCH 4, 1994

1759

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Oliver of the 42nd, Slotin of the 39th and Thomas of the 10th.

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

SB 721. By Senators Hemmer of the 49th and Day of the 48th:
A bill to amend an Act creating a board of commissioners for Forsyth County, as amended, so as to change the manner of filling vacancies on said board; to provide for certain submissions.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HR 1078. By Representative Stancil of the 91st:
A resolution recognizing and commending Matt Buck and inviting him to the House of Representatives.

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

SB 434. By Senator Henson of the 55th:
A bill to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, so as to exempt from the licensing requirements for professional counselors practitioners who are employees or student peer counselors of a public or private college or university in this state; to provide for an exception.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, so as to exempt from the licensing requirements for professional counselors certain persons who engaged in the practice of a specialty or engage in the practice of social work as employees of any community service board or similar entity created by general law to provide services to persons with disabilities and practitioners who are employees or student peer counselors of a public or private college or university in this state; 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. Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, is amended by striking subsections (b) and (c) of said Code section in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The prohibition of subsection (a) of this Code section shall not apply to the following persons:

1760

JOURNAL OF THE HOUSE,

(1) Persons licensed to practice medicine or psychology under Chapter 34 or 39, respectively, of this title;
(2) Persons engaged in the practice of a specialty as an employee of any agency or department of the federal government or any licensed hospital or long-term care facility, but only when engaged in that practice as an employee of such agency, department, hospital, or facility;
(3) (A) Persons who, prior to July 1, 1997, engaged in the practice of a specialty as an employee of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department;.
(B) Persons who engage in the practice of social work as employees of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such community service board or similar entity, agencyj or department, and persons or entities which contract to provide social work services with any community service board or similar entity or any agency or department of the state or any of its political subdivisions, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing social work services pursuant to those contracts and shall only be exempt until January 1, 1996; *md .
(C) Persons who engage in the practice of professional counseling as employees of the Department of Corrections, Department of Human Resources, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such department, board, or entity and persons or entities which contract to provide professional counseling services with such department or board of health, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing professional counseling services pursuant to those contracts and shall only be exempt until January 1, 1996; ad
(4) Students of a recognized educational institution who are preparing to become practitioners of a specialty, but only if the services they render as such practitioners are under supervision and direction and their student status is clearly designated by the title 'trainee' or 'intern';
(5) Persons who have obtained a master's degree from a program accredited by the Council on Social Work Education and who are practicing social work under direction and supervision while preparing to take the master's social work licensing examination, but only for a period of up to one year following the granting of such degree;
(6) Persons who have obtained one of the graduate degrees required for licensure as a professional counselor or marriage and family therapist and who are practicing such specialty under supervision and direction in order to obtain the experience required for licensure;
(7) Elementary, middle, or secondary school counselors and school social workers certificated as such by the Department of Education, Professional Standards Commission, or its successor agency but only when practicing within the scope of such certification and only when designated by the title 'school counselor,' 'school social worker,' or a title designated by the school system in which they are employed for persons practicing within such certification;
(8) Persons registered as rehabilitation suppliers by the Georgia Board of Workers' Compensation, including those registered as of July 1, 1992, but only when practicing rehabilitation counseling as a rehabilitation supplier for workers workers' compensation claimants and only so long as they do not use any titles other than titles describing the certifications or licenses they are required to hold under Code Section 34-9-200.1;

FRIDAY, MARCH 4, 1994

1761

(9) Active members of the clergy but only when the practice of their specialty is in the course of their service as clergy;
(10) Members of religious ministries responsible to their established ecclesiastical authority who possess a master's degree or its equivalent in theological studies;
(11) Persons engaged in the practice of a specialty in accordance with Biblical doctrine in public or nonprofit agencies or entities or in private practice;
(12) Persons engaged in the practice of a specialty as an employee of the Division of Family and Children Services of the Department of Human Resources but only when engaged in such practice as an employee of that division;
(13) Persons who have obtained a master's degree from a program accredited by the Council on Social Work Education and who are engaged in the practice of community organization, policy, planning, research, or administration may use the title 'social worker' and may only engage in such practice; and
(14) Persons who have obtained a bachelor's degree in social work from a program accredited by the Council on Social Work Education may use the title 'social worker' and may practice social work, but they may not practice autonomously and may only practice under direction and supervision, and, notwithstanding the definitions in paragraphs (5) and (15) of Code Section 43-10A-3, such supervision shall be provided by a social worker who, as a minimum, has been awarded a bachelor's or a master's degree in social work from a program accredited by the Council on Social Work Education and who has completed at least two years of post-degree practice in the field of social work? ] and
(15) Any person engaged in the practice of professional counseling as an employee or student peer counselor of the University System of Georgia or its educational units or of a public or private college or university within this state, but only when engaged in that practice as such an employee or student peer counselor and excepting the use of psychotherapeutic techniques to evaluate and treat emotional and mental illness, disorder, or dysfunction. (c) Unless exempt under paragraph (1), (2), (4), (5), (6), (11), (13), e* (14)2 or (15) of subsection (b) of this Code section, a person who is not licensed under this chapter shall not practice a specialty for any corporation, partnership, association, or other business entity which uses in its corporate, partnership, association, or business name any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Burkhalter
Byrd Campbell Y Canty Carlisle Y Carrell Y Carter Cauthorn
Chambless Y Chandler Y Channel! Y Childers Y Clark
Y Coker Coleman, B Coleman, T
Y Colwell Y Connell
YCox Crawford

Crews
Y Culbreth Y Cummings
Davis, G Davis, M Y Dickinson Dix Y Dixon, H Y Dixon, S
Dobbs 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 Harris, M Hart
Y Heard 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
Johnston Y Jones
Joyce Kaye Y Kinnamon Klein YLadd Y Lakly Y Lane, D Y Lane, R Lawrence Y Lawson Lee Y Lewis YLord
Lucas

1762

JOURNAL OF THE HOUSE,

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
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
Purcell, B Randall
Y Randolph

YRay Y Reaves
Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Shipp Simpson Y Sinkfield
Y Skipper Smith, C
Y Smith, L Y Smith, P Y Smith, T

Smith, V
Smith, W Smyre YSnow
Y Stancil, F Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Teague Y Teper
Thomas Y Tillman Y Titus

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

On the passage of the Bill, by substitute, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 457. By Senator Egan of the 40th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide for the distribution of proposed rules and regulations of the State of Georgia to chairpersons of standing committees of the General Assembly.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide for the distribution of proposed rules and regulations of the State of Georgia to chairpersons and any members of standing committees of the General Assembly; 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 striking subsection (e) of Code Section 50-13-4, relating to procedural requirements for adoption of rules, and inserting in its place a new subsection (e) to read as follows:
"(e) The agency shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of this Code section to the legislative counsel. The copies shall be transmitted at least 30 days prior to the date of the agency's intended action. Within three days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officers of each house with & copy of the notice, and the presiding officers shall assign the notice to the chairperson of the appropriate standing committee in each house for review and any member thereof who makes a standing written request. In the event a presiding officer is unavailable for the purpose of making the assignment within the time limitations, the legislative counsel shall assign the notice to the chairperson of the appropriate standing committee. The legislative counsel shall also transmit within the time limitations provided in this subsection a notice of the assignment to the chairperson of the appropriate standing committee. Each standing committee of the Senate and the House of Representatives is granted all the rights provided for interested persons and governmental subdivisions in paragraph (2) of subsection (a) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

FRIDAY, MARCH 4, 1994

1763

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 Y Breedlove
Y Brooks, D N Brooks, T N 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 N Connell YCox
Y Crawford N Crews Y Culbreth Y Cummings Y 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
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 Y Jamieson
Y Jenkins Y Johnson, D.H
Y Johnson, E Y Johnson, G N Johnson, J Y Johnston
Y Jones N Joyce YKaye Y Kinnamon Y Klein NLadd N Lakly
Y Lane, D Y Lane, R Y Lawrence
Lawson YLee
Y Lewis YLord
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 E Oliver Y O'Neal
Y Orrock Y Padgett E Farham Y Parrish Y Patten Y Pelote
Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston
Powell Y Purcell, A
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 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
Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper
Thomas Y Tillman Y Titus Y Towery
Trense Y Turnquest
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, by substitute, the ayes were 144, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute

SR 469. By Senators Farrow of the 54th and Muggins 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.

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

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

Y Brooks, D Y Brooks, T Y Brown YBuck Y Buckner
Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Carlisle
Y Carrell Y Carter Y Cauthorn

Y Chambless Y Chandler
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 YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W

Y Godbee Y Golden
Good win Y Greene Y Groover
Y Hammond Y Hanner
Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom Y Hembree Y Henson

1764

JOURNAL OF THE HOUSE,

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 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 E Oliver

Y O'Neal Y 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
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
Turnquest Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams, B
Y Williams, R Y Yates
Y Yeargin Murphy, Spkr

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

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 109, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 511. By Senator Walker of the 22nd:
A bill to amend Code Section 37-2-5 of the Official Code of Georgia Annotated, 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 community service boards.

The following Committee substitute was read:

A BILL
To amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to change the provisions relating to the conditions under which such boards serve as community service boards and to provide that such boards of health will be and be able to contract with those community service boards under certain circumstances; to amend Title 31 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for limitations upon when persons who serve on regional boards may be appointed to community service boards and when persons on community service boards may be appointed to regional boards; to authorize the allocation of certain funds through regional boards; to provide for additional qualifications for persons serving on community service boards; to specify a minimum membership for certain regional

FRIDAY, MARCH 4, 1994

1765

boards and community service boards; to provide for the staff of community service boards and for the delegation to and exercise of certain powers and functions by the program director and staff; to provide that certain employees will become employees of community service boards and provide for rights, duties, and benefits of those employees; to change the provisions relating to the employment and benefit status of certain state employees; to provide for immunity from liability; to change the date for a final report by and abolition of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery; to change the provisions regarding definitions relating to the state merit system; to repeal Chapter 8 of Title 37 of the Official Code of Georgia Annotated, providing a continuum of treatment rather than criminal prosecution for certain alcoholic persons; to change certain provisions of law providing for the automatic repeal of certain provisions of an Act approved April 27, 1993 (Ga. L. 1993, p. 1445); to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by striking Code Section 31-3-12.1, relating to board of health contracts with regional boards and community service boards, and inserting in its place the following:
"31-3-12.1. In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with a regional or community mental health, mental retardation, and substance abuse service board created under Chapter 2 of Title 37 to provide certain mental health, mental retardation, and substance abuse services based on the contractual agreement between the parties. Further, a county governing authority may authorize a county board of health, wherever applicable, to serve as the community mental health, mental retardation, and substance abuse service board, provided that the county governing authority, the board of health, and any other affected county governing authority acts pursuant to subsection (e) of Code Section 37-2-6. In the event that the county governing authority exercises the authority granted by this Code section, Chapter 2 of Title 37, or Code Section 37-2-6, the county board of health shall appoint a director for mental health, mental retardation, and substance abuse or a supervisor of the specific service which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by the regional mental health, mental retardation, and substance abuse service board. The director for mental health, mental retardation, and substance abuse, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, mental retardation, and substance abuse or such supervisor of the specific service shall report directly to the community service board or the county board of health^ whichever is applicable, and shall have no formal reporting relationship with the director of the county board of health. If a county board of health exercises the authority granted pursuant to this Code section and Chapter 2 of Title 37 to serve as a community service board, the membership of the county board of health shall constitute the community service board and, at any time that such members are exercising duties and powers related to mental health, mental retardation, and substance abuse, the community service board shall be an independent agency and shall operate in accordance with the provisions of Title 37 as a community service board. Notwithstanding any provisions of law to the contrary, a community service board and a county board of health which have the same membership may contract with each other, provided that any such contract is approved by the appropriate regional board, as defined in Chapter 2 of Title 37, prior to adoption."
Section 2. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, is amended by striking subsection (b.2) of Code Section 37-2-5, relating to membership of regional boards, and inserting in its place the following:
"(b.2) A member of the community services board may not also serve as a member of the regional board or be an employee or board member of any private or public

1766

JOURNAL OF THE HOUSE,

group, organization, or service provider which contracts with or receives funds from the regional or community services beards service board. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional board until a period of at least two years have passed since the time such person served on the community service board, and no person who has served a full term or more on a regional board may be appointed to a community service board until a period of at least two years have passed since the time such person served on the regional board.", and by adding at the end of that Code section the following:
"(h) Each regional board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, notwithstanding the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code section."
Section 3. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 37-2-5.1, relating to personnel of regional boards, and inserting in its place the following:
"(1) State, federal, and other funds appropriated to the department, the division, or both, and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. After July 1, 1995, all funds associated with services to clients residing within a given region shall be allocated through the appropriate regional board; 'all funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region; provided, however, that nothing shall prohibit the allocation of funds through any regional board prior to July 1^ 1995. The division shall establish a minimum funding amount for regional boards conditioned upon the amount of funds appropriated and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. The minimum funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region."
Section 4. Said chapter is further amended by adding after subsection (b) of Code Section 37-2-6, relating to membership of community service boards, a new subsection (b.l) to read as follows:
"(b.l) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources or an employee of a county board of health may not serve on a community service board.", and by adding at the end of that Code section the following:
"(i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, not including ex officio members, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section."
Section 5. Said chapter is further amended by striking subsection (a) of Code Section 37-2-6.1, relating to staff of community service boards, and inserting in its place the following:
"(a) Each community service board shall be responsible for employing a program director, and other necessary staff, adopting an annual budget, and securing appropriate facilities, sites, and professionals necessary for the provision of disability services. The

FRIDAY, MARCH 4, 1994

1767

program director of the community service board may appoint such other staff and personnel as that program director and board deem necessary and appropriate. The community service board may delegate any power, authority, duty, or function to its program director or other staff. The program director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board."
Section 6. Said chapter is further amended by striking Code Section 37-2-6.2, relating to employment and benefit status of certain personnel, and inserting in its place the following:
"37-2-6.2. (a) (1) Those employees whose job descriptions, duties, or functions as of June 30, 1994, included the performance of employment duties or functions which will become employment duties or functions of the personnel of the division or a fcespital thereof or of tt regional board or a community service board on July 1, 1994, wnicn employees were cii^iuic on wttne ou, iyy4, top oeneiits under trie limpioyccs
tiion, wnetiier m trie clftssilicd OP unci&ssitied service, snsii i?e deemed to oe stflte employees anth tf classified, members of the State Merit System of Personnel Admin-

perform t'ftc duties OP functions wiiicn were Qutfionzed OP PCQUiPCd to DC Dy trifti employee fts of uune oU, iyy4, wrietnep sucn entity is trie division, ~ft nosfH*s.i thereof, a regional board, or a community service board, unlcao such employee resigns, is transferred by the department, or is terminated. Any such transfer or termination sndii compiy wittt tiie flppiicQuic pules find ppocedupcs ot tne otste jvicrit oysterft ot Personnel Administration, shall become employees of the applicable community service boards on and after July 1^ 1994. Such employees shall be subject to the employment practices and policies of the applicable community service board on and after July lj 1994. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to a community service board shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 1994, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1994, without any interruption in membership service and without the loss of any creditable service. For purposes of coverage under the Employees' Retirement System of Georgia, such employees transferred to the community service boards on July 1^ 1994, shall be deemed to be state employees. Accrued annual and sick leave possessed by said employees on June 30, 1994, shall be retained by said employees as employees of the community service board. Any person who is granted employment rights and benefits as a member of a community service board pursuant to this subsection and who later becomes employed, without any break in service, by the division, a hospital thereof, another community service board, a county board of health for which such person provides services pursuant to this title, or a regional board shall retain, in that later employment position, all such rights and benefits. Such rights and benefits shall also be retained by any person who ]s employed on June 30, 1994, by the division, a hospital thereof, a county board of health for which such person provides services pursuant to this title, or a regional board and who later becomes employed, without any break in service, by a community service board.
(2) Classified employees of a community service board under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration.
(3) All rights, credits, and funds in the Employees' Retirement System of Georgia which are possessed by personnel transferred by provisions of this Code section to the community service boards, are continued and preserved, it being the intention of the
General Assembly that such persons shall not lose any rights, credits, or funds to

1768

JOURNAL OF THE HOUSE,

which they may be entitled prior to becoming employees of the community service boards. (b) Any auch As to those persons employed by the division, a hospital thereof, or a regional board on June 30, 1994, any termination from state employment after that date of a any such person who is a member of the classified employee service shall not result from the anticipated or actual employment or utilization by:
(1) The department; (2) A regional board; (3) A community service board; (4) A hospital; or (5) Any private provider of disability services of any person who is not an employee of the state or a political subdivision thereof to perform the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions or is the result of a reduction in force caused by any other state department or agency which has ceased to contract with the department for the services which had been provided by the terminated state personnel. While so employed te perform those duties find tune Lions rof ft community service Dosrd, tnose employees snctii remftin
video, by tfte stftte flltnou^n tne depsrtment nifty dele^ftte tne control flnd supervision of sueii employees to tne community service uoflrd to wnicn tney &re &s9ined< i. nose employment bcnetits snmi include witnout uein limited to. neflitn, dcnto.1, dis&Diiity,
insur&ncej SICK, tnnu&i find ftolidfly lesvej ftnd coverfte under tne st&te merit system. x nis subsection ts intended TO mftintftin tne stfttus, position, &nd Plants of persons wno ate the employees dcacribcd i this subsection notwithstanding their aubacqucnt performing ef duties and functions for a regional beard ef a community service board.
\v) tHs &nd fitter July TJ iyy4, personnel of ft community service ooftrd, otner tn&n tnose described tft su^os oct ion \ft/ of tins oode section, sn&n not we employees or tne

Section 7. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 37-2-11.1, relating to actions against regional boards and community service boards, and inserting in its place the following:
"(1) The community service boards shall be public bodies, but shall not be considered agencies of the state, or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. No county shall be liable for any action, error, or omission of a community service board. Notwithstanding any provisions of law to the contrary, and regardless of any provisions of law which grant employees of the community service boards benefits under programs operated by the state or which deem them to be state employees only for purposes of those benefits, employees of the community service boards shall not be employees of the state but shall be employees of the community service boards and, further, the state shall not be liable for any action, error, or omission of such employees."
Section 8. Said chapter is further amended by striking subsection (c) of Code Section 37-2-34, relating to powers of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery, and inserting in its place the following:
"(c) The commission shall complete its initial plan relating to reorganization of the service delivery system and make a report of its findings and recommendations including proposed legislation, if any, to the Governor and to the Board of Human Resources on or before December 1, 1992. The commission shall work with the Governor and the Board of Human Resources to monitor the implementation of organizational policies and programs it recommended in its initial report. In addition, the commission will consider any further statutory, organizational, budgetary, or operational changes which may be necessary and advisable to improve the state-wide mental health, mental retardation,

FRIDAY, MARCH 4, 1994

1769

and substance abuse system. The commission shall submit an annual update of its findings and recommendations to the Governor, the General Assembly, and the Board of Human Resources on December 1, 1993, and December 1, 19942 and December 1^ 1996. The commission shall stand abolished on December 31,1994 1996."
Section 9. Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions regarding the state merit system, is amended by striking paragraph (7) thereof and inserting in its place the following:
"(7) 'Department' and 'agency' are synonymous and mean all separate and distinct divisions and subdivisions of state government whose heads are legally authorized to appoint employees to positions; but these terms shall not include authorities and public corporations. 'Department' and 'agency' shall include an agency assigned to a department for administrative purposes and shall also include local departments of public health, county departments of family and children services, community service boards, and units of the Department of Defense with local employees."
Section 10. Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to providing a continuum of treatment, rather than criminal prosecution, for alcoholic persons, is repealed in its entirety.
Section 11. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding immediately following Chapter 7 thereof the following:
"CHAPTER 8 RESERVED".
Section 12. An Act approved April 27, 1993 (Ga. L. 1993, p. 1445), reorganizing the delivery of certain mental health and other services, is amended by striking Section 19.1 thereof and inserting in its place the following:
"Section 19.1. T4ris Except for Sections n^J^l^l^andlSofthis Act, this Act shall stand repealed on June 30, 1999.
Section 13. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Titus of the 180th moves to amend the Committee substitute to SB 511 as follows:
Page 13, delete Section 12 in its entirety and renumber Section 13 to read Section 12.
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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

N Breedlove
Y 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
N Cauthorn
Y Chambless Y Chandler Y Channell Y Childers N Clark N Coker
Coleman, B Y Coleman, T
Colwell Y Connell Y Cox

Y Crawford
Y Crews
Y Culbreth Y Cummings Y Davis, G N Davis, M Y Dickinson
Dix N Dixon, H Y Dixon, S
Dobbs N Ehrhart Y Epps

N Evans
Y Felton
Floyd, J.M Y Floyd, J.W Y Godbee Y Golden N Goodwin Y Greene Y Groover N Hammond
Manner Y Harris, B Y Harris, M

1770

JOURNAL OF THE HOUSE,

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 N Jamieson Y Jenkins Y Johnson. D.H Y Johnson, E Y Johnson, G
Y Johnson, J
Y Johnston
Jones
N Joyce NKaye

Y Kinnamon N Klein YLadd N Lakly Y Lane, D Y Lane, R
Y Lawrence
Y Lawson
YLee Y Lewis
YLord Y Lucas N Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Milam Y Mills Y Mobley, B Y Mobley, J
Y Moore

Y Mosley N Mueller
E Oliver O'Neal
Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote
Y Perry
Y Pinholster YPoag
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
N Shipp
Y Simpson
Y Sinkfield Y Skipper Y Smith, C N Smith, L Y Smith, P Y Smith, T N 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 N Titus
Y Towery
Y Trense
Turnquest
N Twiggs
N Vaughan Y Walker
Wall 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 126, nays 28.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 provide a statement of legislative intent.

Representative Groover of the 125th moved that debate on SB 396 be limited to ten minutes for the presenter and five minutes to all other speakers.
On the motion, 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 N Bordeaux Y Bostick Y Breedlove N Brooks, D
Brooks, T N Brown YBuck Y Buckner N Bunn Y Burkhalter
N Byrd
N Campbell N Canty
Carlisle Carrell Y Carter
Y Cauthorn Y Chambless N Chandler N Channell

Y Childers
N Clark N Coker N Coleman, B
Coleman, T Y Colwell Y Connell YCox Y Crawford N Crews Y Culbreth N Cummings
Davis, G N Davis, M N Dickinson NDix Y Dixon, H
N 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

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

Lane, R N Lawrence N Lawson YLee N Lewis YLord
Lucas N Maddox Y Mann Y Martin Y McBee Y McClinton Y McKinney Y Milam Y Mills N 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 N Pelote Y Perry N Pinholster YPoag

Y Polak
Y Porter N Poston Y Powell
Y Purcell, A Purcell, B Randall
N Randolph YRay
Reaves
Y Reichert
Y Roberts Y Royal
Y Scoggins
Y Shanahan Y Sherrill Y Shipp Y Simpson N Sinkfield Y Skipper
Smith, C Y Smith, L Y Smith, P
Smith, T N Smith, V N Smith, W Y Smyre YSnow Y Stancil, F
N Stancil, S N Stanley, L

FRIDAY, MARCH 4, 1994

1771

N Stanley, P N Stephenson
Streat Y Taylor Y Teague

N Teper Y Thomas N Tillman Y Titus N Towery

Y Trense Turnquest
Y Twiggs N Vaughan Y Walker

Y Wall Y Watson Y Watts N Westmoreland Y White

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

On the motion, the ayes were 105, nays 56. The motion prevailed.

The following amendment was read:

Representative Johnson of the 148th moves to amend SB 396 as follows: On line 2 page 2 change the number 60 to 120.

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 Y Barnes Y Bates N Benefield
Birdsong N Bordeaux Y Bostick Y Breedlove N Brooks, D N Brooks, T Y Brown NBuck
Y Buckner YBunn Y Burkhalter YByrd N Campbell Y Canty N Carlisle N Carrell Y Carter Y Cauthorn
N Chambless Y Chandler N Channell
N Childers Y Clark Y Coker
Y Coleman, B N Coleman, T

N Colwell N Connell NCox
N Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M N Dickinson YDix N Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart N Epps Y Evans Y Felton N Floyd, J.M N Floyd, J.W
NGodbee N Golden Y Goodwin Y Greene N Groover Y Hammond Y Manner Y Harris, B Y 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 N Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye
Y Kinnamon Y Klein YLadd Y Lakly N Lane, D Y Lane, R Y Lawrence Y Lawson NLee Y Lewis YLord
Lucas Y Maddox YMann N Martin N McBee
McClinton Y McKinney N Milam Y Mills

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

N Smith, C Y Smith, L N Smith, P Y Smith, T N Smith, V Y Smith, W
Smyre Snow
N Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Stephenson N 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 Westmoreland N White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 99, nays 68. The amendment was adopted.

The following amendment was read:

Representative Davis of the 60th, et al. move to amend SB 396 by inserting between the word and symbol "intent;" and the word "to" on line 5 of page 1 the following:
"to provide for student initiated voluntary school prayers at schools or school related events which are nonsectarian and nonproselytizing in nature; to provide for the use of

1772

JOURNAL OF THE HOUSE,

school property by religious clubs or organizations as long as other noncurriculum oriented student organizations have equal privileges;"
By striking line 11 of page 2 and inserting in its place the following:
"anticipated activities of the day.
(c) The provisions of subsections (a) and (b) of this Code section shall not prevent student initiated voluntary school prayers at schools or school related events which are nonsectarian and nonproselytizing in nature.
(d) Religious clubs or organizations shall not be prevented from recruiting members, holding meetings, or using school property as long as other noncurriculum oriented student organizations are given equal privileges.'"

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

N Ashe Y Atkins Y Bailey
N Baker Y Bannister N Barfoot N Bargeron Y Barnes Y Bates Y Benefield
Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks, D N 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
N Childers Y Clark Y Coker Y Coleman, B
Coleman, T

N Colwell N 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 N Dobbs Y Ehrhart N Epps Y Evans Y Felton N Floyd, J.M Y Floyd, J.W
N Godbee Y Golden Y Goodwin Y Greene N Groover Y Hammond Y Manner Y Harris, B Y Harris, M NHart N Heard N Hegstrom
Y Hembree N Henson Y Holland N Holmes

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

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

N Smith, C
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W N Smyre N Snow N Stancil, F Y Stancil, S Y Stanley, L N Stanley, P Y Stephenson Y Streat N Taylor N Teague N 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 Westmoreland N White Y Williams, B Y Williams, R Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 120, nays 48. The amendment was adopted.

The following amendment was read:

Representative Teper of the 61st moves to amend SB 396 as follows:
On Page 2, after line 11, add "(c) Any teacher, parent, student, school official or other individual who says the word or words; "God", "Jesus", "Christ", "Lord", "Mohammad", "Allah", or any other recognized deity's name, around the time of the quiet reflection period shall be guilty of a misdemeanor."

FRIDAY, MARCH 4, 1994

1773

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 Brown
N Buck
N Buckner
N 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 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
N Felton N Floyd, J.M N Floyd, J.W N Godbee N Golden
N Goodwin N Greene
N Groover
N Hammond N Manner N Harris, B N Harris, M NHart N Heard
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 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 N Maddox NMann N Martin
N McBee McClinton
N McKinney N Milam N Mills

N Mobley, B N Mobley, J
N Moore N Mosley N Mueller E Oliver N O'Neal
Orrock
N Padgett E Parham
N Parrish Patten
N Pelote N Perry N Pinholster NPoag N Polak
N Porter
E 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 N 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 N Westmoreland N White N Williams, B N Williams, R N Yates
N Yeargin Murphy, Spkr

On the adoption of the amendment, the ayes were 1, nays 168. The amendment was lost.

The following amendment was read:

Representative Simpson of the 101st moves to amend SB 396 as follows: On page one line 25 strike the word "shall" and insert in lieu thereof the word "may".

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

N Buck N Buckner N 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 YCox 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 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
Y Hegstrom

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

1774

JOURNAL OF THE HOUSE,

N Jones N Joyce N Kaye N Kinnamon N Klein NLadd N Lakly N Lane, D N Lane, R N Lawrence N Lawson NLee N Lewis NLord
Lucas N Maddox NMann Y Martin
N McBee

McClinton N 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
N Pelote N Perry N Pinholster

N Poag Y Polak N Porter
E Poston N Powell
N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves Y 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
N Smith, T N Smith, V N Smith, W N Smyre N Snow Y 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
Twiggs N 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

On the adoption of the amendment, the ayes were 14, nays 158. The amendment was lost.

Representative Childers of the 13th moved that the House reconsider its action in adopting the Davis amendment.
On the motion, the roll call was ordered and the vote was as follows:

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

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

N Howard
N Hudson N Hughes Y Hugley NIrvin
James N Jamieson
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 N Lord
Lucas N Maddox
NMann Y Martin Y McBee
McClinton McKinney Milam N Mills

On the motion, the ayes were 54, nays 111. The motion was lost.

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

Y Smith, C N Smith, L N Smith, P N Smith, T N Smith, V N Smith, W N Smyre YSnow Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P N Stephenson
N Streat Y Taylor N Teague Y Teper Y Thomas N 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
Yeargin
Murphy, Spkr

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

FRIDAY, MARCH 4, 1994

1775

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 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 N Hegstrom
Y Hembree Y Henson Y Holland N 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 N Lucas
Y Maddox Y Mann N Martin Y 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
Y Pelote Y Perry Y Pinholster
YPoag Y Polak
Y Porter E Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Y Ray 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 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 Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 165, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 centers, so as to provide for preliminary records check determinations in addition to fingerprint records check determinations for a foster care home parent or parents used by licensed child-placing agencies; to provide an effective date.

The following substitute, offered by Represenatives Mobley of the 69th and Sinkfield of the 57th was read and adopted:

A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to authorize payments for certain preparatory programs for potential foster parents and adoptive parents; to provide for preliminary records check determinations in addition to fingerprint records check determinations for a foster care home parent or parents used by licensed child-placing agencies; to provide an effective date; to repeal conflicting laws; and for other purposes.

1776

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by striking paragraph (7) of subsection (a) of Code Section 49-5-8, relating to powers of the Department of Human Resources regarding programs for children, and inserting in its place the following:
"(7) Adoption services, as follows: (A) Supervising the work of all child-placing agencies; (B) Providing services to parents desiring to surrender children for adoption as
provided for in adoption statutes; (C) Providing care or payment of maintenance costs for mothers bearing children
out of wedlock and children being considered for adoption; (D) Inquiring into the character and reputation of persons making application for
the adoption of children; (E) Placing children for adoption; (F) Providing financial assistance after the consummation of a legal adoption to
families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional handicaps or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 75 percent of the amount paid for boarding such child and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; ad
(G) Providing payment to a licensed child-placing agency which places a child with special needs who is under the jurisdiction of the department for adoption. Payment may not exceed $5,000.00 for each such adoption arranged by an agency. The board shall define the special needs child. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided; and
(H) Providing payment to an agency which recruits, educates, or trains potential adoptive or foster parents for preparation in anticipation of adopting or fostering a special needs child. The board shall define the special needs child and set the payment amount by rule and regulation. Upon appropriate documentation of these preplacement services in a timely manner, payments as set by the board shall be made upon enrollment of each potential adoptive or foster parent for such services;".
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 49-5-69.1, relating to fingerprint records checks for foster care homes, in its entirety and inserting in lieu thereof the following:
"(a) No licensed child-placing agency, as defined in this chapter, shall place a child in a foster care home unless the foster parent or parents of the home and other adult persons that reside in the home or provide care to children placed in the home have received a satisfactory fingerprint records check determination er a satisfactory preliminary records check determination. Additionally, no child shall continue to be placed in such foster care home unless the foster parent or parents also subsequently receive a satisfactory fingerprint records check determination. A child-placing agency or any applicant for a license for such an agency shall be required to submit to the department a preliminary records check application and a records check application for the foster parent or parents of any foster care home used by the agency and a preliminary records check application for any other adult persons that reside in the home or provide care to children placed in the home. In lieu of such applications, the agency or license applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months such foster parent or parents or other adult persons have received

FRIDAY, MARCH 4, 1994

1777

a satisfactory fingerprint records check determination or a satisfactory preliminary records check determination."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Howard Y Hudson Y Hughes Y Hugley Y 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
ELadd Lakly
Y Lane, D Y Lane, R
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 E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish
Patten Pelote Y Perry Y Pinholster YPoag Y Polak
Y Porter E 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 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 Westmorel ind Y White
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.

SB 41. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th, Gochenour of the 27th, Crotts of the 17th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or receipt of compensation provide certain services for and at the request and sanction of a public school upon public school property or at a public school sponsored function.

The following Committee substitute was read:

1778

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or receipt of compensation provide certain services for and at the request and sanction of a public school or private school upon public school or private school property or at a public school or private school sponsored function and to provide immunity from liability for public schools or private schools which request, sponsor, or participate in providing those services; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding after Code Section 51-1-30.2 a new Code section to read as follows:
"51-1-30.3. (a) Unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct:
(1) No person who voluntarily and without the expectation or receipt of compensation provides services for and at the request and sanction of a public school or private school which does not expect or receive compensation with respect to such services from the recipient of such services; or
(2) No public school or private school which requests, sponsors, or participates in the providing of the services under the circumstances provided in paragraph (1) of this subsection shall be liable for damages or injuries alleged to have been sustained by another person or damages for the injury or death of the other person when the injuries or death are alleged to have occurred by reason of an act or omission occurring on school property in the rendering of such services if such services are provided upon school property or at a school sponsored function. (b) This Code section shall not apply to any incident or incidents arising out of the operation of a motor vehicle or motor vehicles. (c) This Code section shall not apply to persons who are performing tasks associated with their normal or ordinary course of business or their trade or profession. (d) This Code section shall apply only to causes of action arising on or after July 1, 1994. (e) Nothing in this Code section shall be construed to alter, affect, or repeal any other provision of law granting immunity from liability or to alter or affect any other immunity provision from whatever source and shall be cumulative of any existing immunity from any source.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Holland of the 157th moves to amend the Committee substitute to SB 41 as follows:
On page 1, line 22 between the words "No" and "person" insert the word:
"natural".

Representative Holland of the 157th moves to amend the Committee substitute to SB 41 as follows:
On page 2 line 14 add an additional sentence to paragraph (b) at the end of line 14 on page 2 to read as follows:

FRIDAY, MARCH 4, 1994

1779

This Code Section also shall not apply to any public or private school the extent that any such public or private school has insurance in effect which covers any damages or injury or death described in paragraph (a) above.

Representatives Groover of the 125th and Irvin of the 45th move to amend the Committee substitute to SB 41 as follows:
Strike "which" on line 25, p. 1, and insert "and who".

The Committee substitute, as amended, was adopted.

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

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

Y Colwell Y Connell
Cox Y Crawford
Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart
YEpps Y Evans Y Felton Y Floyd, J.M
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
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 ELadd Y Lakly Y Lane, D Y Lane, R
Lawrence Lawson YLee Y Lewis YLord
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 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 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 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 Y Walker Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 153, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

1780

JOURNAL OF THE HOUSE,

HR 1036 Do Pass SB 395 Do Pass, as Amended SB 484 Do Not Pass SB 515 Do Not Pass SB 526 Do Pass, as Amended

SB 529 Do Pass, as Amended SB 554 Do Pass, as Amended SB 629 Do Pass, as Amended SB 644 Do Pass SB 647 Do Pass
Respectfully submitted, /s/ Godbee of the 145th
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 530 Do Pass, as Amended SB 551 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

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

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

SB 553. By Senator Blitch of the 7th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment of the Senate and qualifications of its members, so as to change the composition of certain senatorial districts; to provide for an effective date and applicability.

The following amendment was read and adopted:
Representatives Barnes of the 33rd, Ehrhart of the 36th, Vaughan of the 34th and McKinney of the 51st move to amend SB 553 by adding after the word "To" on line 1 of page 1 the following:

FRIDAY, MARCH 4, 1994

1781

"amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain House districts; to".
By renumbering Sections 1 through 3 as Sections 2 through 4 respectively and inserting a new Section 1 to read as follows:
"Section 1. Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its members, is amended by striking the descriptions of House districts No. 33, 34, 36, and 51 and inserting in lieu thereof new descriptions of said districts to read as follows:
'District: 33
COBB COUNTY VTD: 0002 AUSTELL (Part) Tract: 0313.01 Block(s): 310A, 328A, 330A, 337A, 340 Tract: 0313.04 Block(s): 426, 501A, 513, 514, 515A, 520 Tract: 0314.04 Block(s): 505A, 510A, 511A Tract: 0314.98 Block(s): 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411A, 412, 413, 414, 415, 416, 417A, 418A, 418B, 419, 420, 421, 423, 508, 510, 511, 513, 517 Tract: 0316.97 Block(s): 117 VTD: 0015 CLARKDALE (Part) Tract: 0314.98 Block(s): 411B, 418D VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 111, 117 Tract: 0313.05 Block(s): 209, 210, 219, 227, 228, 901, 902, 917, 918, 922, 923 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 (Part) Tract: 0313.01 Block(s): 201, 202, 203, 204, 205, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310B, 311, 312, 313, 314, 315, 316, 317, 318, 327, 329, 331, 332, 333, 334, 335, 336 Tract: 0314.04 Block(s): 501A, 502, 503, 504, 505B, 506, 507, 508, 509, 510B VTD: 0053 MABLETON 2 (Part) Tract: 0313.01 Block(s): 310C, 310D, 319, 320, 321, 322, 323, 324, 325, 326, 328B, 328C, 328D, 330B, 337B, 337C, 337D, 337E, 338, 339, 341 Tract: 0313.04 Block(s): 310, 311, 313, 315, 316, 317, 326, 327, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 421A, 423, 501B, 501C, 501D, 501E, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 515B, 516 Tract: 0314.04 Block(s): 501B, 51 IB Tract: 0314.98 Block(s): 417B, 417C, 418E, 418F, 418G, 418H

1782

JOURNAL OF THE HOUSE,

VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 (Part)
Tract: 0313.01 Block(s): 206, 207, 208, 209, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 450, 451
VTD: 0080 PEBBLEBROOK VTD: OOA8 SWEETWATER 3 (Part)
Tract: 0314.03 Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114
Tract: 0314.04 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406
VTD: OOC2 BIRNEY 2
District: 34
COBB COUNTY VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.04 Block(s): 534C, 534D Tract: 0302.05 Block(s): 913C, 913D Tract: 0302.06 Block(s): 236, 239, 240, 242, 701, 702, 703 Tract: 0302.07 Block(s): 101C, 101D, 101E, 106, 107, 110, 111, 112, 113A, 113E, 115C, 201D, 201E, 202, 701, 702, 703, 704, 705, 706 VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 526E, 535B Tract: 0302.05 Block(s): 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912B, 914B, 915B, 916B, 917B Tract: 0302.07 Block(s): 103C, 103D VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0050 KENNESAW 2 (Part) Tract: 0302.04 Block(s): 307, 319, 533, 534A, 534B Tract: 0302.05 Block(s): 912A, 913A, 913B, 914A, 915A, 916A, 917A Tract: 0302.07 Block(s): 101A, 101B, 102, 103A, 103B, 104A, 201A, 201B, 201C VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 113B, 113C, 115A, 801A, 802A Tract: 0306. Block(s): 904, 905
Tract: 0309.01
Block(s): 301A, 302, 303, 304 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part)
Tract: 0309.01

FRIDAY, MARCH 4, 1994

1783

Block(s): 101B, 301B, 301C, 401C, 501B, 502, 503, 601E, 601L, 601M, 603B, 604B, 701B, 701D
Tract: 0309.03 Block(s): 401B, 401C, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613
Tract: 0310.02 Block(s): 211, 212, 224C, 225B, 226, 227, 228
VTD: 0078 OREGON 4 VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 115D, 801B, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826
VTD: OOC1 OREGON 5'
'District: 36
COBB COUNTY VTD: 0002 AUSTELL (Part) Tract: 0314.04 Block(s): 108A, 108B, 602A, 605A, 609A, 609B, 610A, 611A, 612A Tract: 0314.98 Block(s): 204A, 208A, 250A, 250B, 301A, 302, 303A, 304A, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 319, 320, 321, 322, 501, 502, 503, 504, 505, 506A, 507, 509, 512, 514, 515A, 516, 518, 519, 520A, 521, 522A, 523A, 523B, 524, 525, 526, 527, 528A, 529A, 604, 606, 608A, 609, 611, 612, 613, 614A, 615A, 618, 619, 620, 621A, 622A, 623, 624, 625, 626, 627, 628, 629, 701A, 702A, 705A, 707, 708, 713A, 713B, 713C, 713D, 716A, 717 VTD: 0015 CLARKDALE (Part) Tract: 0314.04 Block(s): 605B Tract: 0314.98 Block(s): 201, 202, 203, 204B, 205, 206, 207, 208B, 209, 210, 213, 247, 250C, 301B, 303B, 303C, 304B, 304C, 506B, 506C, 515B, 515C, 515D, 515E, 520B, 522B, 523C, 523D, 523E, 528B, 528C, 529B, 601, 602, 603, 605, 607, 608B, 610, 614B, 615B, 616, 617, 621B, 622B, 705B, 706, 712, 713E, 713F, 713G, 714, 715, 716B Tract: 0315.02 Block(s): 516B, 519B, 519C, 519D, 519E, 523B, 524, 528, 529, 530, 610A VTD: 0051 LOST MOUNTAIN VTD: 0052 MABLETON 1 (Part) Tract: 0314.04 Block(s): 601, 602B, 603, 604, 605C, 606, 607, 608, 609C, 610B, 611B, 612B, 612C, 612D Tract: 0314.98 Block(s): 301C VTD: 0056 MACLAND VTD: 0076 OREGON 2 VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 (Part) Tract: 0314.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108C, 109'

1784

JOURNAL OF THE HOUSE,

'District: 51
COBB COUNTY VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 110, 112, 113, 114, 115, 116, 118, 201, 901, 902, 903, 904, 916, 917, 922, 923, 925, 926, 927, 928, 929, 930 VTD: 0070 MT. HARMONY VTD: 0073 OAKDALE 1 (Part) Tract: 0312.02 Block(s): 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319B, 325B, 329, 330, 335, 338, 341, 403B, 404, 405, 406, 407, 408B, 409, 410, 411, 412, 413B, 414, 415, 416, 417, 418, 419B, 424, 434, 435B, 441, 442, 501, 502, 503, 504, 506, 507, 508, 509, 510, 511, 513, 514, 526, 527
FULTON COUNTY VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD7 9H (Part) Tract: 0087.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 111, 112 Tract: 0087.02 Block(s): 101, 102, 103, 106, 109, 110, 111, 112, 113, 201, 203, 204, 205, 206, 210, 211, 212, 213, 214, 215, 216 VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOF1 10D VTD: OOF2 10E VTD: OOFS 10H VTD: OOF7 10K VTD: 00X7 9T'"

By striking the word "Senate" on line 23 of page 21 and inserting in its place the words "General Assembly".
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
Brooks. D 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 Chambless Y Chandler Y Channell Y Childers Y Clark
Y Coker

Y Coleman, B Y Coleman, T Y Colwell Y Connell
Y Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
Dickinson Y Dix Y Dixon, H Y Dixon, S Y Dobbs
Y Ehrhart

Y Epps 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 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

FRIDAY, MARCH 4, 1994

1785

Jones Y Joyce Y Kaye Y Kinnamon Y Klein
ELadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence
Lawson Y Lee Y Lewis YLord 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 E Oliver Y O'Neal Y Orrock Y Padgett
E 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 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 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 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.

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

SB 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 Annotated, relating to the general powers of the Georgia Music Hall of Fame Authority, so as to authorize the authority to incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick
Y Breedlove 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 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 Y Dobbs Y Ehrhart Y Epps Y Evans Y 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 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
Jones
Y Joyce YKaye Y Kinnamon Y Klein
ELadd Y Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson
Lee Y Lewis
Lord Y Lucas Y Maddox
Mann Y Martin
McBee Y 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 E 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

1786

JOURNAL OF THE HOUSE,

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 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 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.

SB 245. By Senator Henson of the 55th:
A bill to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt persons 15 years of age or over while taking instruction from a licensed driving instructor or a certified high school driver education instructor; to provide for use of dual control vehicles; to require insurance; to provide for eyesight examinations; to provide for an effective date.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend SB 245 by striking from line 18 of page 1 the words "or nonresident".

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

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

Coker
Y Coleman, B Y Coleman, T Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs Y 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
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
Jones Y Joyce YKaye Y Kinnamon Y Klein
ELadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence
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
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
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
Teper Y Thomas
Y Tillman Y Titus Y Towery

FRIDAY, MARCH 4, 1994

1787

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 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to 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; to provide for records of other courts where the clerk of the superior court also serves as clerk; to provide for contracts related thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended by adding at the end thereof a new Code Section 15-6-96 to read as follows:
"15-6-96. The clerk of the superior court is the custodian of the records of his or her office. Any contract to distribute, sell, or otherwise market records or computer generated data of the office of the clerk of the superior court for profit shall be made by the clerk of the superior court. If the clerk of the superior court also serves as the clerk of any other court, the provisions of this Code section shall be applicable to the records and data of such other court. A report summarizing contracts entered into pursuant to this Code section along with any revenues received therefrom shall be prepared by the clerk of the superior court and submitted to the governing authority of the county on a monthly basis."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe
Y Atkins Y Bailey 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
Y Brown Y Buck Y Buckner
Bunn

Y Burkhalter
Y Byrd Y Campbell Y Canty
Carlisle

1788

JOURNAL OF THE HOUSE,

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
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 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 ELadd Y Lakly Y Lane, D
Y Lane, R Lawrence Lawson
YLee Y Lewis YLord 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 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
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
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, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 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 Annotated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valuations established on appeal can be changed for subsequent taxable years.

Representative Lee of the 94th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1196 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 Lee of the 94th, Royal of the 164th and Bailey of the 93rd.

The following Resolutions of the House were read and adopted:

HR 1079. By Representatives Cauthorn of the 35th, Hammond of the 32nd, Barnes of the 33rd, Coker of the 31st, Klein of the 39th and others:
A resolution commending the Cobb County Chamber of Commerce.

FRIDAY, MARCH 4, 1994

1789

HR 1080. By Representative Crews of the 78th:
A resolution recognizing and commending Micah Ronson Crews and congratulating him on his eighteenth birthday and his graduation from high school.

HR 1081. By Representative Holland of the 157th: A resolution expressing regret at the passing of Albert "Buba" Shepherd, Sr.

HR 1082. By Representative Holland of the 157th: A resolution expressing regret at the passing of Mrs. Odell Holmes.

HR 1083. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A resolution commending the Byne Lady Saints basketball team.

HR 1084. By Representative Patten of the 176th: A resolution recognizing the Georgia State Games.

HR 1085. By Representative Perry of the llth: A resolution commending the Trion High School wrestling team.

HR 1086. By Representatives Stancil of the 91st and Dobbs of the 92nd: A resolution expressing regret at the passing of Gene Marks.

HR 1087. By Representatives Dixon of the 150th, Colwell of the 7th, Hughes of the 19th, Twiggs of the 8th and Lord of the 121st:
A resolution honoring the life and accomplishments of David Carl "Davey" Allison and expressing regret at his passing and condolences to his family.

HR 1088.

By Representatives Moore of the 113th, Williams of the 114th and Connell of the 115th:
A resolution commending Mr. Frank G. Spears.

HR 1089. By Representatives Godbee of the 145th, Taylor of the 134th, Hugley of the 133rd, Purcell of the 147th, O'Neal of the 75th and others:
A resolution commending Dr. Jim Mullins.

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 694 Do Pass

1790

JOURNAL OF THE HOUSE,

Respectfully submitted,
/s/ Floyd of the 172nd Vice-Chairman

Pursuant to HR 1067, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 7, 1994.

MONDAY, MARCH 7, 1994

1791

Representative Hall, Atlanta, Georgia Monday, March 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:

Atkins Bannister Barfoot Bargeron
Barnes
Bates Benefield
Birdsong Bordeaux Bostick Breedlove Brooks, D Brooks, T Brown Buck
Buckner
Bunn Byrd Campbell Carrell Carter Cauthorn Chambless Chandler Channell Childers Clark
Coker
Coleman, B Connell

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

Hudson Hughes Hugley
Irvin James Jenkins Johnson, D.H Johnson, E Johnson, J Johnston Kaye Kinnamon Klein Ladd Lakly Lane, D Lane, R
Lawrence
Lawson
Lee
Lewis
Lord
Maddox
Mann
McBee
Milam
Mills Mobley, B
Mobley, J

Moore Mosley Mueller O'Neal Orrock Padgett Parrish Patten Pelote Perry Pinholster Poag Polak Poston Purcell, A Purcell, B Randolph
Ray
Reaves
Roberts
Royal
Scoggins
Shanahan
Sherrill
Shipp
Sinkfield
Skipper
Smith, C
Smith, L

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

The following members were off the floor of the House when the roll was called:
Representatives Powell of the 23rd, Canty of the 52nd, Felton of the 43rd, Jones of the 71st, Johnson of the 97th, Ashe of the 46th, Jamieson of the 22nd, Coleman of the 142nd, Burkhalter of the 41st, McKinney of the 51st, Tillman of the 173rd, Lucas of the 124th, Joyce of the 1st, McClinton of the 68th, Thomas of the 100th, Colwell of the 7th, Turnquest of the 73rd, Porter of the 143rd, Reichert of the 126th, Simpson of the 101st, Bailey of the 93rd, Goodwin of the 79th and Baker of the 70th.
They wish to be recorded as present.

Prayer was offered by Brother Howard Wright, Pastor, Greenbriar Church of Christ, 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.

1792

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 Resolution of the House were introduced, read the first time and referred to the committees:

HB 2029. By Representative Smith of the 102nd:
A bill to amend an Act creating the Board of Commissioners of Harris County, so as to change the commissioner districts in said county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2030. By Representative Crawford of the 129th:
A bill to amend an Act providing a new charter for the City of Molena, so as to provide for two-year terms for the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2031. By Representatives Holmes of the 53rd, Ashe of the 46th and Canty of the 52nd:
A bill to create the Atlanta-Fulton Family Connection Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2032. By Representatives Watson of the 139th, Floyd of the 138th, Ray of the 128th and Walker of the 141st:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2033. By Representative Hughes of the 19th:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2034. By Representatives Polak of the 67th, Mobley of the 69th, Sherrill of the 62nd, O'Neal of the 75th, Randolph of the 72nd and others:
A bill to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, so as to increase such homestead exemption to $8,000.00 for certain residents of said city who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 7, 1994

1793

HB 2035. By Representative Parrish of the 144th:
A bill to amend an Act providing for the election of the members of the Treutlen County Board of Education, so as to provide for the compensation of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2036. By Representative Powell of the 23rd: A bill to create the Hart County Industrial Development Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2037. By Representative Smith of the 169th:
A bill to amend an Act providing for the election of the board of education of Bacon County, so as to change the provisions relating to the compensation and benefits of the chairperson and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2038. By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th:
A bill to create the Houston County School District Building Authority as a public corporation and an instrumentality of the State of Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2039. By Representatives Ray of the 128th and James of the 140th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2040. By Representative Tillman of the 173rd:
A bill to amend an Act placing the clerk of the superior court, sheriff, and tax commissioner of Mclntosh County upon an annual salary, so as to change the provisions relating to the salary and expense allowance of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2041. By Representative Tillman of the 173rd:
A bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, and the tax commissioner of Mclntosh County and to provide in lieu thereof annual salaries for such officers, so as to change the provisions relating to the compensation and fees of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2042. By Representative Streat of the 167th:
A bill to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson, so as to reapportion the county; to provide for new districts.
Referred to the Committee on State Planning & Community Affairs - Local.

1794

JOURNAL OF THE HOUSE,

HB 2043. By Representatives Carlisle of the 107th and Yates of the 106th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Spalding County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2044. By Representatives Carlisle of the 107th and Yates of the 106th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Spalding County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2045. By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to provide for a homestead exemption from Spalding County ad valorem taxes for county purposes for certain residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2046. By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to provide for a homestead exemption from Griffin-Spalding County School District ad valorem taxes for school purposes for certain residents of that school district.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1093. By Representatives White of the 161st, Brooks of the 54th, Stanley of the 50th, Stanley of the 49th, Sinkfield of the 57th and others:
A resolution commending James E. "Billy" McKinney and designating a bridge in his honor.
Referred to the Committee on Transportation.

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

HB 2016 HB 2017 HB 2021 HB 2022 HB 2023 HB 2024

HB 2025 HB 2026 HB 2027 HB 2028 SB 721

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

Mr. Speaker:

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

HB 2009 Do Pass HB 2011 Do Pass HB 2013 Do Pass HB 2014 Do Pass

HB 2015 Do Pass HB 2018 Do Pass SB 643 Do Pass

MONDAY, MARCH 7, 1994

1795

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

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, MARCH 7, 1994
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:
HR 664 Joint Regional Hospital Study Committee; create
SB 62 Jury panels; civil actions; dollar amount SB 99 Death investigations; definitions; medical examiner; notification SB 312 Clinical nurse specialist in psychiatric/mental hlth; provisions SB 314 Ale bev; cert Sunday sales; consumption on premises SB 416 Drivers' lie; free replacement; certain address change SB 432 Hazardous waste; management costs and fees SB 439 Recreational bingo; operation by nonprofit organizations SB 440 School Safety and Juvenile Justice Reform Act; enact SB 469 Family and children services; county boards; amend provisions SB 472 Ad valorem tax; homestead exemption; change application date SB 580 Nonresuscitation orders; amend provisions SB 645 Code of Georgia; classification by population; repeal provisions SB 696 Revolving accounts; application of payments; written agreement
SR 485 Joint Rhodes Memorial Hall Study Committee; create
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Smith of the 109th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on State Planning and Community Affairs - Local.

HB 2015. By Representative Smith of the 109th:
A bill to amend an Act creating a board of commissioners of Butts County, so as to change the provisions relating to quarterly publications of the county's receipts and disbursements; to provide that the failure of the board to carry out its duties shall result in a vacancy in the office of the member or members responsible for such failure.

The motion prevailed.

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

1796

JOURNAL OF THE HOUSE,

HB 2009.

By Representatives Connell of the 115th, Hart of the 116th and Howard of the 118th:
A bill to amend Code Section 3-5-83 of the Official Code of Georgia Annotated, relating to use of excess tax revenues, so as to change the population brackets to provide that excess tax revenues in counties with a population of not less than 185,000 nor more than 195,000 shall be used for the construction of a coliseum or civic center.

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

HB 2011. By Representative Twiggs of the 8th: A bill to create and establish the Rabun County Building Authority.

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

HB 2013. By Representatives Carrell of the 87th and Johnson of the 84th: A bill to create the Walton County Commission on Children and Youth.

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

HB 2018.

By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act relating to the office of the sheriff of Lamar County, so as to provide for vacancies and temporary vacancies or incapacity in the office of sheriff and the filling thereof.

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

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 Districts 2 and 4; to provide for a submission.

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

HB 2014. By Representatives Moore of the 113th, Harris of the 112th, Bargeron of the 120th and Williams of the 114th:
A bill to amend an Act to provide for a homestead exemption of $20,000.00 from all Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebtedness, for residents of Columbia County and the Columbia County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year.

MONDAY, MARCH 7, 1994

1797

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

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

Y Ashe Y Atkins
Bailey Y Baker Y Bannister
Barfoot Bargeron Y Barnes
Bates Benefield Y Birdsong Bordeaux Y Bostick Y Breedlove Brooks, D Y Brooks, T Brown Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell 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
Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps E Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Godbee E 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
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 Y Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson Lee Y Lewis YLord Y Lucas
Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Y Milam
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
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 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 Y Tillman
Y Titus Y Towery
Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall
Y Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bills, the ayes were 147, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

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

SB 641. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to create the Chatham County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings.

1798

JOURNAL OF THE HOUSE,

SB 716. By Senator Slotin of the 39th:
A bill to amend an Act reincorporating the City of Atlanta, as amended, so as to regulate the receipt and investigation of complaints or information from city employees concerning fraud, waste, and abuse in or relating to any city programs or operations; to provide for definitions; to provide for confidentiality; to prohibit retaliatory action; to provide a remedy for retaliatory action.

SB 720. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act changing the method of electing members of the board of education of Wayne County so as to provide for compensation for the members of the board; to provide for expenses and accounts.

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 mediation system for appeals of city employees and officials.

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 provide by resolution for compensation of the chairman of the authority.

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.

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.

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 Annotated, relating to qualifications for a license to engage in the private detective or private security business, so as to change the requirements for licensure of private detective and private security businesses.

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.

MONDAY, MARCH 7, 1994

1799

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.

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 Annotated, relating to children and youth services, so as to authorize the Department of Children and Youth Services to enter into contracts; to provide for the power of the commissioner to contract.

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 Annotated, relating to insuring and indemnification of public officers and employees, 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.

HB 1651.

By Representative Hanner of the 159th:
A bill to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, so as to provide an exception with respect to the employment by the Department of Natural Resources of part-time cleaning and custodial workers or cooks who work for other agencies.

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

HR 668. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution designating the Howard "Bo" Warren Parkway.

HR 744. By Representative Reaves of the 178th:
A resolution authorizing the conveyance of certain state-owned real property located in Brooks County, Georgia.

HR 768. By Representative Parrish of the 144th: A resolution designating the Vendie Hudson Hooks, Sr., Memorial Highway.

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.

1800

JOURNAL OF THE HOUSE,

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.

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.

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.

HR 823. By Representative Godbee of the 145th:
A resolution authorizing the conveyance of certain state owned real property located in Jenkins County, Georgia.

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.

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 purpose of providing portions of the softball venue for the Games of the XXVI Olympiad.

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

HB 408. By Representative Childers of the 13th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to change the provisions relating to applications for examination.

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 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 water or tax liens to set off an award made in any such condemnation proceedings.

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

MONDAY, MARCH 7, 1994

1801

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 Senate has adopted, as amended, by the requisite constitutional majority the following Resolution 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.

The Senate has agreed to the House substitute to the following Bills of the Senate:

SB 242. By Senators Harbison of the 15th, Crotts of the 17th, Hill of the 4th, Broun of the 46th and Thomas of the 10th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to free license plates and revalidation decals for certain disabled veterans; to change the provisions relating to drivers' licenses for veterans.

SB 592. By Senators Gillis of the 20th and Huggins 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 provided by the Board of Natural Resources; to provide for applicability to certain persons.

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

SB 641. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to create the Chatham County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 716. By Senator Slotin of the 39th:
A bill to amend an Act reincorporating the City of Atlanta, as amended, so as to regulate the receipt and investigation of complaints or information from city employees concerning fraud, waste, and abuse in or relating to any city programs or operations; to provide for definitions; to provide for confidentiality; to prohibit retaliatory action; to provide a remedy for retaliatory action.
Referred to the Committee on State Planning & Community Affairs - Local.

1802

JOURNAL OF THE HOUSE,

SB 720. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act changing the method of electing members of the board of education of Wayne County so as to provide for compensation for the members of the board; to provide for expenses and accounts.
Referred to the Committee on State Planning & Community Affairs - Local.

The Speaker Pro Tern assumed the Chair.

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

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 Annotated, 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 Senate amendments were read:

SENATE AMENDMENT NO. 1
Amend HB 1482 by adding in the title on line 2 of page 2 the following:
"to provide that neither the state auditor nor the Department of Community Affairs shall be authorized or required to conduct financial or performance audits of any records or documents relating to loans made by or assigned to the United States Small Business Administration or any other entity or agency of the United States government if said agency's administrator certifies in writing to the state auditor that said records or documents may not be disclosed to state auditors under applicable federal regulations;".
By adding on line 20 of page 10 between the word "center" and the period, the following:
", provided that any such contract is made with the approval of the regional development center's board of directors having jurisdiction in the area affected".
By striking the quotation marks at the end of line 2 of page 15 and adding between lines 2 and 3 of page 15 the following:
"(h) Notwithstanding any other provision of this chapter, neither the state auditor nor the department shall be authorized or required to conduct financial or performance audits of any records or documents relating to loans made by or assigned to the United States Business Administration or any other entity or agency of the United States government if said agency's administrator certifies in writing to the state auditor that said records or documents may not be disclosed to state auditors under applicable federal regulations.'"

SENATE AMENDMENT NO. 2
Amend HB 1482 by adding after the semicolon on line 11 of page 1 the following:
"to provide for the status of certain nonprofit corporations created by regional development centers;".

MONDAY, MARCH 7, 1994

1803

By striking the language "paragraphs (2) and (3)" on line 31 of page 5 and inserting in lieu thereof the language "paragraphs (1), (2), and (3)".
By striking the language "paragraphs (2) through (8)" on line 1 of page 6 and inserting in lieu thereof the language "paragraphs (1) through (8)".
By striking the quotation mark on line 3 of page 6 and inserting between lines 2 and 3 of page 6 the following:
"'(1) (A) In order to accomplish the intent of subsection (e) of this Code section, each center is authorized to create nonprofit corporations to administer federal or state revolving loan programs or loan packaging programs. Each such nonprofit corporation must be authorized by the center's board and each unit of local government affected.
(B) Any nonprofit corporation which, prior to April l^ 1994, has been created by a center and has had articles of incorporation which are regular on their face accepted for filing bjr the Secretary of State shall be recognized as and have legal status as a validly created nonprofit corporation under the laws of this state for all purposes, notwithstanding the requirements of subparagraph (A) of this paragraph and notwithstanding any lack of express statutory authority on the part of the center to carry out such incorporation at the time of filing of the articles of incorporation. Nothing in this subparagraph, however, shall excuse such a nonprofit corporation from complying on and after April 1^ 1994, with any and all requirements imposed by law for continuation of its corporate existence in the same manner as other nonprofit corporations created under this paragraph are required to comply with legal requirements for their continued existence."
Representative Yeargin of the 90th moved that the House agree to the Senate amendments to HB 1482.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashc Y Atkins
Bailey Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes
Bates Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T
Brown YBuck
Buckner Y Bunn
Burkhalter YByrd
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
Connell
Cox
Crawford Y Crews Y Culbreth
Cummings Y Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart
Epps E Evans
Felton Floyd, J.M
Y Floyd, J.W Y Godbee E Golden
Goodwin Y Greene Y Groover Y Hammond
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 Ylrvin Y James
Jamieson Y Jenkins Y Johnson, D.H N Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon N Klein 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 E Oliver Y O'Neal Y Orrock
Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston
Y Powell N 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

Smith, C Y Smith, L Y Smith, P Y Smith, T
Smith, V N 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
Twiggs
Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R
Yates Y Yeargin
Murphy, Spkr

1804

JOURNAL OF THE HOUSE,

On the motion, the ayes were 132, nays 4. The motion prevailed.

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

SB 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 payments for hazardous waste water which is treated on site.

The following amendment was read and adopted:
Representative Murphy of the 18th moves to amend SB 432 as follows:
1.
By adding in line 18 of page 1 after the symbol ";", the following words and symbols:
"to provide for variances in hazardous waste management;"
2.
By adding after line 6 on page 2 a new Section 2 to read as follows:
"Section 2. Said article is further amended by striking subsection (b) of Code section 12-8-69, relating to variances in hazardous waste management, in its entirety and inserting in lieu thereof the following:
"(b) Variances shall may be granted for such periods of time and under such provisions and conditions as shall be specified by the director. A variance shall net be ^rsriied tor & period of time urester tri&n one yesp} duo rt snsH not De re news Die unless ew circumstances ea* be shown which preclude ftril compliance within the one
environment/ of trie rie&itn of fttHftftns. A renews! of ft vflpisnce snctii oe ettcctive top a pened ef ap te one year. Under ne conditions shall an original variance phw renewate ever exceed a total period of twe years."
3.
By renumbering Sections 2 through 6 as Sections 3 through 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:

Y Ashe Y Atkins Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron Y Barnes
Bates 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
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 Cummings Y Davis, G

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

MONDAY, MARCH 7, 1994

1805

Y Floyd, J.W Y Godbee E Golden
Good win 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
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 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 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 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 Y Vaughan Y Walker Y Wall
Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R Y Yates E Yeargin
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 62. By Senators Henson of the 55th, Thompson of the 33rd, Ragan of the 32nd and Dawkins of the 45th:
A bill to amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, so as to change the provisions relating to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date.

The following Committee substitute was read:

A BILL
To amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, so as to change the provisions relating to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, is amended by striking paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) In all civil actions in the state courts in which the claim for damages is greater than $10,000.00 $50,000.00 or is an action for medical malpractice as defined in subsection (a) of Code Section 9-11-8, either party may demand in writing prior to the commencement of the trial term that the case be tried by a jury of 12. If such a demand is made, the judge shall follow the procedures for superior courts of subsection (b) of this Code section."
Section 2. This Act shall become effective on July 1, 1993, and shall apply to the trial of civil actions in the state courts tried at trial terms commencing after July 1, 1993.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

1806

JOURNAL OF THE HOUSE,

Representative Chambless of the 163rd moves to amend the Committee substitute to SB 62 as follows:
Page 1 line 16 strike "50,000.00" and substitute "25,000.00" and page 1 line 23 between "." and """ insert the following: "For purposes of this paragraph a claim shall be presumed to be for an amount greater than $25,000.00 unless the party making the claim stipulates the amount claimed is less than $25,000.00".
The Committee substitute, as amended, was adopted.

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

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

Y Colwell
Connell YCox Y 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 E Evans Y Felton
Floyd, J.M Y Floyd, J.W
Y Godbee E Golden
Good win
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

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 Y 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 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 Purceli, B Randall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrili 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
Turnquest Y Twiggs Y Vaughan
Y Walker Y Wall
Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R Y Yates E Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 472. By Senator Egan of the 40th:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, 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.

The following amendment was read and adopted:

MONDAY, MARCH 7, 1994

1807

Representatives Harris of the 112th and Murphy of the 18th move to amend SB 472 by inserting on line 6 of page 1 after "resides;" the following:
"to amend Code Section 48-5-292 of the Official Code of Georgia Annotated, 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; to provide for effective dates;".
By striking lines 4 and 5 of page 2 in their entirety and inserting in lieu thereof the following:
"Section 2. Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to ineligibility of county tax assessors to hold other offices, is amended by adding a new subsection at the end thereof, to be designated subsection (d) to read as follows:
'(d) In any county in this state in which a chief appraiser or a member of the county property appraisal staff is not otherwise prohibited under this Code section from serving simultaneously as a member of the county board of tax assessors and is serving simultaneously in such capacity, such chief appraiser or member of the county property appraisal staff shall upon ceasing to serve as chief appraiser or member of the county property appraisal staff automatically cease to serve as a member of the county board of tax assessors. Any vacancy created on the county board of tax assessors under this subsection shall be filled in the manner provided under subsection (a) of Code Section 48-5-295.'
Section 3. Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall become effective 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, 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
Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty 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
Dobbs Y Ehrhart YEpps E Evans Y Felton
Floyd, J.M Y Floyd, J.W Y Godbee E 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 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
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 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 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

1808

JOURNAL OF THE HOUSE,

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 Westmoreland

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

On the passage of the Bill, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 99. By Senator Newbill of the 56th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies; to provide that the county medical examiner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to provide that the county medical examiner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," is amended by striking subsection (a) of Code Section 45-16-24, relating to notification of suspicious or unusual deaths, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) When any person dies in any county in this state: (1) As a result of violence; (2) By suicide or casualty; (3) Suddenly when in apparent good health; (4) When unattended by a physician; (5) In any suspicious or unusual manner, with particular attention to those persons
16 years of age and under; (6) After birth but before seven years of age if the death is unexpected or unex-
plained; (7) As a result of an execution carried out pursuant to the imposition of the death
penalty under Article 2 of Chapter 10 of Title 17; or (S) When an inmate of a state hospital or a state, county, or city penal institution^
iI (9) After having been admitted to a hospital in an unconscious state and without
regaining consciousness within 24 hours of admission, it shall be the duty of any law enforcement officer or other person having knowledge of such death to notify immediately the coroner or county medical examiner of the county wherein the body is found or death occurs. For the purposes of this Code section, no person shall be deemed to have died unattended when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, MARCH 7, 1994

1809

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

Y Ashe
Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Bates
Y Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breediove 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 Cham bless 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 E Evans Y Felton
Floyd, J.M Y Floyd, J.W Y Godbee E 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 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
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 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 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
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 E 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.

The Speaker assumed the Chair.

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 Annotated, regarding orders not to resuscitate, so as to further describe legislative intent; to authorize such orders for persons who are not in hospitals or nursing 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 provide an effective date.

The following amendment was read and adopted:

The Committee of Health and Ecology moves to amend SB 580 by adding immediately preceding the period on line 30 of page 4 the following:
"or is the parent of an adult without decision-making capacity".

1810

JOURNAL OF THE HOUSE,

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

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 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
Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker
Coleman, B Y Coleman, T

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

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E Y Johnson, G
Y Johnson,J Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R
Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas
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
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 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 Y Watts Y Westmoreland Y White Y Williams, B
Y Williams, R Y Yates E 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.

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

The report of the Committee, which was favorable to the 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 Bannister

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

MONDAY, MARCH 7, 1994

1811

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

Godbee E Golden Y Goodwin
Y Greene Y Groover Y Hammond
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

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 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 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
Randatl 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
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 E 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.

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

HR 1090. By Representatives Hammond of the 32nd, Atkins of the 29th, Vaughan of the 34th, Coker of the 31st, Murphy of the 18th and others:
A resolution commending Honorable George (Buddy) Darden and inviting him to appear before the House of Representatives.

HR 1092.

By Representatives Sinkfield of the 57th, Stanley of the 50th, Davis of the 48th and Smyre of the 136th:
A resolution recognizing and commending Dr. Edwin Alfred Thompson; inviting him to appear before the House of Representatives.

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

Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate to the following Bill of the Senate:

SB 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.

1812

JOURNAL OF THE HOUSE,

Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 664. By Representatives Davis of the 48th and Stanley of the 50th: A resolution creating the Joint Regional Hospital Study Committee.
The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend HR 664 as follows: On page 2, line 27, after the word "than", delete the number "10" and insert in lieu thereof the number "5", as to read "not more than 5 days".
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 Bordeaux
Y Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown Y 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 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 Y Epps E Evans Y Felton Y Floyd, J.M
Floyd, J.W
Y Godbee E 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
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 Lawson
YLee 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 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
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
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
Walker Y Wall Y Watson
Y Watts Y Westmorland Y White Y Williams, B Y Williams, R Y Yates E Yeargin
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 150, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative White of the 161st 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 amendment thereto:

MONDAY, MARCH 7, 1994

1813

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.

The following Senate amendment was read:

Amend HB 1909 by striking line 16 of page 1 and inserting the following: "1996 and every four years thereafter, the judge of the".

Representative Brooks of the 103rd moved that the House agree to the Senate amendment to HB 1909.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

The Speaker announced the House in recess until 1:15 o'clock this afternoon.

1814

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 Secretary thereof:

Mr. Speaker:
The Senate has disagreed to the House amendments to the following Bill of the Senate:

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 provide a statement of legislative intent.

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

SR 600. 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 substitute, by the requisite constitutional majority the following Bill of the House:

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.

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 409 Do Pass, by Substitute
Respectfully submitted, /a/ Twiggs of the 8th
Chairman

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

Mr. Speaker:

MONDAY, MARCH 7, 1994

1815

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 1047 Do Pass HR 1090 Do Pass
Respectfully submitted, 1st Lee of the 94th
Chairman

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

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 561 Do Pass, as Amended
Respectfully submitted, /s/ Colwell of the 7th
Chairman

Representative Snow of the 2nd District, Vice-Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SR 516 Do Pass SR 522 Do Pass, by Substitute
Respectfully submitted, /s/ Snow of the 2nd
Vice-Chairman

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

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.

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.

1816

JOURNAL OF THE HOUSE,

The following Resolutions of the House were read and adopted:

HR 1091.

By Representatives Dixon of the 150th, Johnson of the 153rd, Mueller of the 152nd, Bordeaux of the 151st, Murphy of the 18th and others:
A resolution recognizing and commending Chairman John J. Forbes, Jr., Grand Marshal M. J. "Jerry" Hogan, and other representatives of the Savannah St. Patrick's Day Parade Committee.

HR 1094.

By Representative Floyd of the 138th:
A resolution recognizing the Slosheye Trail Big Pig Jig as the state's Official Barbecue Cooking Contest.

HR 1095.

By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A resolution paying tribute to the City of Cortona, Italy, its public officials, and its citizens.

HR 1096.

By Representatives Sinkfield of the 57th, Davis of the 48th, Stanley of the 50th, Lucas of the 124th and Holmes of the 53rd:
A resolution commending Edith L. McGrew.

HR 1097. By Representative Mobley of the 86th: A resolution commending the Reverend Alfred Hazel.

HR 1098. By Representative Mobley of the 86th: A resolution commending Mr. Robert Wimberly.

HR 1099. By Representative Mobley of the 86th: A resolution commending Charlton Etrick Josh Lay.

HR 1100. By Representative Mobley of the 86th: A resolution commending Johnny C. Smith.

HR 1101. By Representative Parrish of the 144th: A resolution commending Ray Ellis.

HR 1102. By Representative Bannister of the 77th: A resolution commending Mountain Park Elementary School.

HR 1103. By Representative Bannister of the 77th: A resolution commending Camp Creek Elementary School.

HR 1104. By Representative Bannister of the 77th: A resolution commending North Gwinnett High School.

MONDAY, MARCH 7, 1994

1817

HR 1105.

By Representatives Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A resolution commending Thomas D. Moreland.

HR 1106. By Representative Lane of the 55th:
A resolution recognizing the Fulton County Multi-Service Center of the Georgia Department of Children and Youth Services.

HR 1107. By Representatives Bostick of the 165th and Hudson of the 156th: A resolution designating Tuesday, March 8, 1994, as Tifton-Tift County Day.

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

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.

The following Senate amendment was read:

Amend the House substitute to SB 550 by striking line 32 on page 5 and inserting in lieu thereof the following:
"conducted on July 19, 1994. Thereafter, all municipal". By striking line 1 on page 6 and inserting in lieu thereof the following: "(b) At the special election held on July 19,". By striking line 11 on page 6 and inserting in lieu thereof the following: "after June 27, 1994, but before July 1, 1994.". By striking line 10 on page 7 and inserting in lieu thereof the following: "election on July 19, 1994, and shall issue the call and". By inserting on line 19 on page 7, immediately following the number "5", the following: ", which otherwise end on December 31, 1995,".

Representative O'Neal of the 75th moved that the House agree to the Senate amendment to the House substitute to SB 550.
The motion prevailed.

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

1818

JOURNAL OF THE HOUSE,

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, Fulton County, Georgia, and known as Rhodes Memorial Hall; to provide for a purpose; to provide for membership of the committee.

The following Committee substitute was read and adopted:

A BILL
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, Fulton County, Georgia, and known as Rhodes Memorial Hall; to provide for a purpose; to provide for membership of the committee; and for other purposes.
WHEREAS, on June 10, 1929, J. D. Rhodes and Louanna Rhodes Bricker, as executors of the estate of A. G. Rhodes, deceased, and as sole legatees under the will of A. G. Rhodes, and as sole heirs at law of A. G. Rhodes, conveyed, as a gift to the State of Georgia, by a deed recorded in Deed Book 1275, page 323, in the office of the clerk of the Superior Court of Fulton County, Georgia, that certain improved real property located at 1516 Peachtree Street, N. E., Atlanta, Fulton County, Georgia, currently known as Rhodes Memorial Hall; and
WHEREAS, since that time, the operation of Rhodes Memorial Hall has been administered by the Department of Archives and History, a division of the Office of the Secretary of State; and
WHEREAS, Rhodes Memorial Hall is a landmark museum building, and the United States government has recognized Rhodes Memorial Hall's significance by placing it on the National Register of Historic Places; and
WHEREAS, Rhodes Memorial Hall is one of the few remaining residences on Peachtree Street, Atlanta's thoroughfare to the world; and
WHEREAS, the custody of Rhodes Memorial Hall is currently vested in the State Properties Commission; and
WHEREAS, the Georgia Trust for Historic Preservation, Inc., is a nonprofit Georgia corporation dedicated to promoting the appreciation and preservation of the cultural heritage of Georgia, including historic structures located throughout Georgia; and
WHEREAS, under a rental agreement dated September 1, 1993, between the Georgia Trust for Historic Preservation and the State Properties Commission, which is acting for and on behalf of the State of Georgia and its Department of Archives and History, a division of the Office of the Secretary of State, the trust is occupying and using Rhodes Memorial Hall as its headquarters; as a museum, exhibit and lecture hall; and as a facility for receptions, public meetings, and other means of promoting the appreciation and preservation of the cultural heritage of Georgia; and
WHEREAS, the state enjoyed use of Rhodes Memorial Hall for over 60 years to secure the State's archives and promote the history of the state and its people; and
WHEREAS, the state, as a demonstration of its commitment to preserving this home, has invested almost a million dollars in the partial renovation of the exterior and infrastructure; and

MONDAY, MARCH 7, 1994

1819

WHEREAS, the Georgia Trust for Historic Preservation, as a demonstration of its commitment to the long-term preservation of this home, has also invested almost a half a million dollars in the renovation of the interior; and
WHEREAS, it is in the best interest of the State of Georgia and the historic preservation community to determine the state's continued interest and obligation toward supporting this facility.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Rhodes Memorial Hall Study Committee to be composed of 14 persons, as follows:
(1) Two members of the House of Representatives appointed by the Speaker of the House of Representatives;
(2) Two members of the Senate appointed by the President of the Senate; (3) Two members appointed by the Governor; (4) The Secretary of State or the Secretary of State's designee; (5) The executive director of the State Properties Commission; (6) The president of the Georgia Trust for Historic Preservation; (7) The state historic preservation officer of the Department of Natural Resources; (8) The executive director of the Georgia Building Authority; (9) A representative of the Attorney General's office; and (10) Two representatives of the family of heirs of the A.G. Rhodes family. The Governor shall designate one of the Governor's appointees to serve as the chairperson of the committee. The chairperson shall call all meetings of the committee. The committee shall undertake a study and make recommendations on what actions or legislation is needed to clarify the state's proprietary status in Rhodes Memorial Hall, assess the ongoing needs to preserve and protect the facility for future generations, and develop and recommend a plan of action to preserve and protect the facility that meets the needs of the family of the heirs, the historic preservation community, and the state. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive from the funds appropriated to the House of Representatives and the Senate the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The committee shall make a report of its findings and recommendations with suggestions for proposed legislation, if any, to the Governor and to the General Assembly on or before December 1, 1994. The committee shall stand abolished on December 1, 1994.

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

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

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

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

Y Dixon. S Dobbs Ehrhart
Y Epps E Evans
Felton
Y Floyd, J.M Y Floyd, J.VV Y Godbee E Golden
Goodwin Greene Y Groover Hammond
Hanner Y Harris, B

Harris, M Hart Y Heard Y Hegstrom Y Hembree Henson
Holland Holmes Howard Hudson Y Hughes Y Hugley Irvin Y James
Jamieson Y Jenkins

1820

JOURNAL OF THE HOUSE,

Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein
Y Ladd Lakly Lane, D
Y Lane, R
Lawrence Lawson
Lee Y Lewis
Lord Lucas

Y Maddox Mann
Y Martin Y McBee
McClinton McKinney Y Milam Y Mills Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Orrock
Padgett E Parham Y Parrish Y Patten

Pelote Y Perry Y Pinholster
Poag Polak Porter Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Randolph Ray 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 Y Smyre
Snow Y 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 Turnquest Y Twiggs Y Vaughan Walker Y Wall Y Watson
Watts Y Westmoreland
White Williams, B
Y Williams, R Y Yates E Yeargin
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 105, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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 Corrections; to provide for an effective date and applicability.

The following Committee substitute was read:

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 Corrections; to provide for a short title; to provide for legislative findings and objectives; to amend Title 16 of the Official Code of Georgia Annotated, known as the "Criminal Code of Georgia," so as to change the penalty provisions relating to the crimes of aggravated assault and aggravated battery when such crimes are committed against a student or teacher or other school personnel within a school safety zone; to change the provisions relating to the crime of carrying weapons at school functions or on school property and to make it unlawful to carry weapons within school safety zones; to define certain terms; to provide penalties for the commission of such a crime; to provide certain exceptions; to provide that certain circumstances shall not constitute a defense to a prosecution for carrying weapons within school safety zones or at school functions or on school property; to provide that in the prosecution of such offenses certain maps shall constitute prima-facie evidence of the location of school safety zones; to authorize the posting of signs designating "Weapon-free and Violence-free School Safety Zones"; to change the penalty for failure to leave a campus or facility of a public school or of a unit of the university system; to change the provisions relating to the crime of furnishing weapons to persons under 21 years of age; to define the crime of unlawfully furnishing or permitting a minor to possess a pistol or revolver; to provide that certain conduct of a parent or legal guardian shall be deemed to be the commission of such crime; to provide penalties for the commission of such a crime; to make it unlawful for any person under the age of 18 years

MONDAY, MARCH 7, 1994

1821

to possess or have under such person's control a loaded pistol or revolver; to provide exceptions; to provide penalties for the commission of such a crime; to provide the circumstances under which a pistol or revolver is considered loaded; to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to require public schools to prepare school safety plans; to require school safety plans to address certain security issues; to provide for state funding for safety equipment including, but not limited to, video surveillance cameras, metal detectors, and other similar security devices in schools under certain circumstances; to make it unlawful to loiter within school safety zones; to provide for enforcement; to provide a penalty for the commission of such a crime; to change the penalty for the crime of disrupting a public school; to change the provisions relating to the reporting of students who commit certain prohibited acts upon school property or at school functions; to require certain reports to be made by the principal or the principal's designee or the president or president's designee in the case of a prohibited act committed on a postsecondary institution campus; 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 provisions relating to the jurisdiction of the juvenile court; to provide that the superior court shall have exclusive jurisdiction over matters concerning children 13 to 17 years of age who are alleged to have committed certain violent felonies; to provide for the transfer of certain cases to the juvenile court under certain conditions; to provide for the sentencing and detention of children 13 to 17 years of age who are convicted of certain violent offenses; to change the provisions relating to the transfer of criminal or quasi-criminal proceedings to the juvenile court; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to the procedure upon taking a child into custody; to change the provisions relating to place of detention for delinquents, capital offenders, or deprived children; to provide for the confinement, treatment, and education of certain juveniles convicted as adults in superior court; to provide for notification to the superior court when a person charged with certain violent felonies appears to be 13 to 17 years of age; to change the provisions relating to the disposition of a child committing a delinquent act constituting an AIDS transmitting crime; to provide that certain juveniles sentenced to the custody and control of the Department of Corrections shall be HIV tested; to change the provisions relating to designated felony acts; to change the definition of the term "designated felony act"; to change the provisions relating to the nature and effect of adjudication of a child and to provide a certain exception; to provide an exception to the provisions relating to transfers of offenses to another court for prosecution; to change the provisions relating to the disposition of mentally ill or mentally retarded children; to change provisions relating to when a child may be fingerprinted or photographed; to require the taking of fingerprints of any child 13 to 17 years of age charged with any offense over which the superior court has exclusive or concurrent jurisdiction; to provide that juveniles sentenced to the custody of the Department of Corrections shall be fingerprinted; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to change the provisions relating to the committal of a person under 17 years of age who is convicted of a felony; to provide that persons 13 to 17 years of age who are convicted of certain violent felonies shall be committed to the Department of Corrections; to provide for the confinement of such persons; to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by state in criminal cases, so as to provide an additional instance in which an appeal may be taken by and on behalf of the State of Georgia from the superior court; to provide for severability; provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "School Safety and Juvenile Justice Reform Act of 1994."
Section 2. It is found and determined by the General Assembly of Georgia that: (1) The State of Georgia should ensure a safe and secure learning environment for
its students and teachers and other school personnel;

1822

JOURNAL OF THE HOUSE,

(2) A large part of school violence is attributed to children carrying handguns and other weapons to school;
(3) School safety will be enhanced by banning possession of handguns by children under 18 years of age and providing for penalties with respect to those children who illegally possess handguns and to persons who sell or furnish handguns to such children;
(4) School safety will be further enhanced by providing for school safety zones where weapons and violence will not be tolerated and where those who commit offenses which jeopardize the safety of students and teachers and other school personnel shall be subject to increased penalties;
(5) There is a need for secure placement of certain violent juvenile offenders who constitute a significant threat to the safety of students enrolled in schools, to the citizens of Georgia, and to themselves;
(6) The safety of students enrolled in schools and the citizens of Georgia will be enhanced by requiring that certain violent juvenile offenders who commit certain violent felonies be tried as adults in the superior court and sentenced directly to the custody of the Department of Corrections for placement in designated youth confinement units operated by the Department of Corrections; and
(7) The Department of Children and Youth Services should apply its resources to the care, treatment, and rehabilitation of less violent and nonviolent juvenile offenders and to developing community based treatment programs and aftercare programs for less violent or nonviolent juvenile offenders.
Section 3. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by adding immediately following Code Section 20-2-1184 a new Code Section 20-2-1185 to read as follows:
"20-2-1185. (a) Every public school shall prepare a school safety plan to help curb the growing incidence of violence in school and to provide a safe learning environment for Georgia's children and teachers and other school personnel. School safety plans shall be prepared with input from students enrolled in that school, parents or legal guardians of such students, teachers in that school, community leaders, other school employees and school district employees, and local law enforcement agencies.
(b) A public school may request funding assistance from the state for the installation of safety equipment including, but not limited to, video surveillance cameras, metal detectors, and other similar security devices. Funding may be provided to a public school in accordance with a school safety plan prepared by the school and approved by the local board of education and the Department of Education.
(c) School safety plans prepared by public schools shall address security issues in school safety zones as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1. School safety plans should also address security issues involving the transportation of pupils to and from school and school functions when such transportation is furnished by the school or school system."
Section 4. 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, is amended by striking in its entirety Code Section 16-11-127.1, relating to the carrying of weapons at school functions or on school property, and inserting in lieu thereof a new Code Section 16-11-127.1 to read as follows:
iD~i.L~.Li/.I. \&L) * 9nft11 i&e uniQwiui IOT (my person to ctirry to of to possess or
property of oft ft DUS o? otrier tFftnsporlfltioft rtimisrieci oy tfte scftooi ftfty weftpon ~of explosive compoundj owier t-ri&n lireWOPK9 tne possession of wriicn is re^uidieo. 0y v^Hflpt W ef T-ttte 26r Aay person who violates this subsection shall, upon conviction thereof, v. _ _.._.jnhp/4 \v\f A fine f)f r\r\t mnrp tVinn <RK OflO 00 Hv imTi'TfaftTiTTtpnt for tint 1m thmt
one ef mere than five years, or by both. As used in this Code section, the term: (1) 'School safety zone' means in^ orij or within 1,000 feet of any real property
owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within

MONDAY, MARCH 7, 1994

1823

1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education.
and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of three or more inches, straight-edge razor, spring stick, metal knucks, blackjack, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind2 and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. (b) Except as otherwise provided in subsection (c) of this Code section, jt shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both. A juvenile who violates this subsection shall be subject to the provisions of Code Section 15-11-37. (c) The provisions of this Code section shall not apply to:
(1) Compctitora while participating Participants in organized sport shooting events or firearm training courses;
(2) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense;
(3) Persons participating in law enforcement training conducted by a police academy certified by the Peace Officer Standards and Training Council or bjr a law enforcement agency of the state or the United States or any political subdivision thereof;
{3} (4) The following persons, when acting in the performance of their official duties or when en route to or from their official duties:
(A) A peace officer as defined by Code Section 35-8-2; (B) A law enforcement officer of the United States government; (C) A prosecuting attorney of this state or of the United States; (D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm; and (E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and (F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof; {4} (5) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid; {6} (6) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school; {6} (7) A weapon which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to

1824

JOURNAL OF THE HOUSE,

an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;
{?) (8) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;
{} (9) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;
{9} (10) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;
(W) (11) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation;
(12) Public safety directors of municipal corporations; ad
(13) Trial judges; 7 (14) United States attorneys and assistant United States attorneys;
(15) Clerks of the superior courts; or (16) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which
is on a motor vehicle. (d) (1) This Code section shall not prohibit any person who resides or works in a business or any person who is a visitor of such resident located within a school safety
zone from carrying, possessing, or having under such person's control a weapon within a school safety zone; provided, however, it shall be unlawful for any such person to
carry, possess, or have under such person's control while at a school building or school
function or on school property, a school bus, or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of
which is regulated by Chapter 10 of Title 25. (2) Any person who violates this subsection shall be subject to the penalties speci-
fied in subsection (b) of this Code section. (3) This subsection shall not be construed to waive or alter any legal requirement
for possession of weapons or firearms otherwise required by law. (e) It shall be no defense to a prosecution for a violation of this Code section that:
(1) School was or was not in session at the time of the offense; (2) The real property was being used for other purposes besides school purposes
at the time of the offense; or (3) The offense took place on a school vehicle.
(f) In a prosecution under this Code section, a map produced or reproduced by any
municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or
a private or public elementary or secondary school that is used for school purposes or within 1,000 feet of any campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education, or a true copy of
the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if
the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code sec-
tion may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be
maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testi-
mony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by
the municipality or county.

MONDAY, MARCH 7, 1994

1825

(g) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as 'Weapon-free and Violence-free School Safety Zones.'"
Section 5. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by striking in its entirety Code Section 20-2-1180, relating to the prohibition against loitering on school property, and inserting in lieu thereof a new Code Section 20-2-1180 to read as follows:
"20-2-1180. (a) It shall be unlawful for any person to loiter remain upon the premises or within the school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 of any public or private school in this state or to remain upon such premises or within such school safety zone when that person does not have a legitimate cause or need to be present thereon. Each principal or designee of each public or private school in this state shall have the authority to exercise such control over the buildings and grounds upon which a school is located so as to prohibit any person who does not have a legitimate need or cause to be present thereon from loitering upon such premises. Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person who does not have a legitimate need or cause to be present therein from loitering within the school safety zone.
(b) Any person who shall not have any legitimate cause or need to be present upon the premises or within the school safety zone of any public or private school in this state who shall willfully fail to remove himself or herself from such premises after the principal or designee of such school shall request him or her to do so shall be guilty of a misdemeanor of a high and aggravated nature."
Section 6. Said Article 27 is further amended by striking in its entirety Code Section 20-2-1181, relating to the penalty for disrupting a public school, and inserting in lieu thereof a new Code Section 20-2-1181 to read as follows:
"20-2-1181. It shall be unlawful for any person to disrupt or interfere with the operation of any public school. Any person violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
Section 7. Said Article 27 is further amended by striking in its entirety Code Section 20-2-1184, relating to the reporting of students who commit prohibited acts, and inserting in lieu thereof a new Code Section 20-2-1184 to read as follows:
"20-2-1184. (a) Any teacher or other person employed at any public or private elementary or secondary school or any dean or public safety officer employed by a college or university who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohibited by any of the following:
(1) Code Section 16-5-21, relating to aggravated assault if a firearm is involved; fl) (2) Code Section 16-5-24, relating to aggravated battery; (3) (3) Chapter 6 of Title 16, relating to sexual offenses; 43) (4) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings; er (5) Code Section 16-11-127.1, relating to carrying weapons at school functions or on school property or within school safety zones; (6) Code Section 16-11-132, relating to the illegal possession of a pistol or revolver by a person under 18 years of age; or {4} (7) Code Section 16-13-30, relating to possession and other activities regarding marijuana and controlled substances, may mate a written shall immediately report ef that the act and the name of the student to the principal or president of that school or the principal's or president's designee. (b) The principal or designee who receives a report made pursuant to subsection (a) of this Code section who has reasonable cause to believe that the report is valid shall make an oral report thereof as soon as possible immediately by telephone or otherwise

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to the appropriate school system superintendent; If- the superintendent has reasonable
report to the appropriate police authority and district attorney. (c) Any person participating in the making of a report or causing a report to be
made as authorized or required pursuant to this Code section or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section is made in good faith.
(d) Any person required to make a report pursuant to this Code section who knowingly and willfully fails to do so shall be guilty of a misdemeanor."
Section 8. Title 16 of the Official Code of Georgia Annotated, known as the "Criminal Code of Georgia," is amended by striking in its entirety Code Section 16-5-21, relating to the crime of aggravated assault, and inserting in lieu thereof a new Code Section 16-5-21 to read as follows:
"16-5-21. (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. (b) Except as provided in subsections (c), (d), (e), and (f)2 and (g) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (e) (1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (g) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."
Section 9. Said Title 16 is further amended by striking in its entirety Code Section 16-5-24, relating to the crime of aggravated battery, and inserting in lieu thereof a new Code Section 16-5-24 to read as follows:
"16-5-24. (a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
(b) Except as provided in subsections (c), (d), (e), and (f)2 and (g) of this Code section, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years.

MONDAY, MARCH 7, 1994

1827

(c) A person who knowingly commits the offense of aggravated battery upon a peace officer while the officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years.
(d) Any person who commits the offense of aggravated battery 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.
(e) (1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated battery upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. (f) Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (g) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."
Section 10. Said Title 16 is further amended by striking in its entirety subsection (b) of Code Section 16-11-35, relating to the failure to leave a campus or facility of a public school or of a unit of the university system, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In any case in which a person who is not a student or officer or employee of a unit of the university system or of a public school and who is not required by his or her employment to be on the campus or any other facility of any such unit or of any public school enters the campus or facility, and it reasonably appears to the chief administrative officer of the campus or facility, or to any officer or employee designated by him or her to maintain order on the campus or facility, that such person is committing any act likely to interfere with the peaceful conduct of the activities of the campus or facility, or has entered the campus or facility for the purpose of committing any such act, the chief administrative officer or the officers or employees designated by him or her to maintain order on the campus or facility may direct the person to leave the campus or facility, and, if the person fails to do so, he or she shall be guilty of a misdemeanor of a high and aggravated nature."
Section 11. Said Title 16 is further amended by striking in its entirety Code Section 16-11-101, relating to the crime of furnishing weapons to persons under 21 years of age, and inserting in lieu thereof a new Code Section 16-11-101 to read as follows:
"16-11-101. Except as otherwise provided in Code Section 16-11-101.1, a A person is guilty of a misdemeanor when he or she knowingly sells to or furnishes to a person under the age of 21 years a pistol, metal knuckles, or knife designed for the purpose of offense and defense."
Section 12. Said Title 16 is further amended by adding at the end of Part 3 of Article 4 of Chapter 11, relating to carrying and possession of firearms, a new Code Section 16-11-132 to read as follows:
"16-11-132. (a) (1) For the purposes of this Code section, the term 'pistol' or 'revolver' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term pistol or revolver shall not include a gun which discharges shot of .46 centimeters or less in diameter.

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(2) For the purposes of this Code section, a pistol or revolver is considered loaded if:
(A) There is a cartridge in the chamber or cylinder of the pistol or revolver; (B) The person is carrying on his or her body or attached to his or her clothing the pistol or revolver and the ammunition for such pistol or revolver; or (C) The pistol or revolver and the ammunition for such pistol or revolver are in such close proximity to such person that such person could readily gain access to the pistol or revolver and the ammunition and load the pistol or revolver.
(b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine not to exceed $5,000.00 or by imprisonment for not less than one nor more than three years, or both.
(c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to:
(1) Any person under the age of 18 years who is: (A) Attending a hunter education course or a firearms safety course; (B) Engaging in practice in the use of a firearm or target shooting at an estab-
lished range authorized by the governing body of the jurisdiction where such range is located;
(C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. Section 501 (c) (3) which uses firearms as a part of such performance;
(D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver, whenever loaded, is carried only in
an open and fully exposed manner; or (E) Traveling to or from any activity described in subparagraphs (A) through
(D) of this paragraph if the pistol or revolver in such person's possession is not
loaded; (2) Any person under the age of 18 years who is on real property under the control
of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a pistol or revolver; or
(3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver for the purpose of exercising the rights authorized in Code Section 16-3-21
or 16-3-23. (d) Subsection (c) of this Code section shall not apply to any person under the age
of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provi-
sions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person
were an adult."
Section 13. Said Title 16 is further amended by adding between Code Sections
16-11-101 and 16-11-102 a new Code Section 16-11-101.1 to read as follows: "16-11-101.1. (a) For the purposes of this Code section, the term:
(1) 'Minor' means any person under the age of 18 years. (2) 'Pistol or revolver' means a pistol or revolver as defined in subsection (a) of
Code Section 16-11-132. (b) It shall be unlawful for a person intentionally, knowingly, or recklessly to sell or
furnish a pistol or revolver to a minor, except that it shall be lawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor for the purposes speci-
fied in subsection (c) of Code Section 16-11-132 unless otherwise expressly limited by
subsection (c) of this Code section.

MONDAY, MARCH 7, 1994

1829

(c) (1) It shall be unlawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor if the parent or legal guardian knows of a minor's conduct which violates the provisions of Code Section 16-11-132 and fails to make reasonable efforts to prevent any such violation of Code Section 16-11-132.
(2) Notwithstanding any provisions of subsection (c) of Code Section 16-11-132 or any other law to the contrary, it shall be unlawful for any parent or legal guardian intentionally, knowingly, or recklessly to furnish to or permit a minor to possess a pistol or revolver if such parent or legal guardian is aware of a substantial risk that such minor will use a pistol or revolver to commit a felony offense or if such parent or legal guardian who is aware of such substantial risk fails to make reasonable efforts to prevent commission of the offense by the minor.
(3) In addition to any other act which violates this subsection, a parent or legal guardian shall be deemed to have violated this subsection if such parent or legal guardian furnishes to or permits possession of a pistol or revolver by any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such minor were an adult.
(d) Upon conviction of a violation of subsection (b) or (c) of this Code section, a person shall be guilty of a felony and punished by a fine not to exceed $5,000.00 or by imprisonment for not less than two nor more than five years, or both."
Section 14. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety Code Section 15-11-5, relating to the jurisdiction of the juvenile court, and inserting in lieu thereof a
new Code Section 15-11-5 to read as follows: "15-11-5. (a) Exclusive original jurisdiction. Except as provided in subsection (b) of
this Code section, the T-he court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action:
(1) Concerning any child:
(A) Who is alleged to be delinquent; except when the allegation 4s based en
delinquent act wnicn would DC considered a crime tr tried ift st superior court and ior wnicn tnc cnild may oe pumsricd oy loss ot lite of confinement tor liic tR & penal institution;
(B) Who is alleged to be unruly;
(C) Who is alleged to be deprived; (D) Who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child;
(E) Who is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-49; or
(F) Who has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the sole purpose of
completing, effectuating, and enforcing such supervision or a probation begun prior to the individual's seventeenth birthday; or (2) Involving any proceedings:
(A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any person if such consent is required by law;
(B) Under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in this state;
(C) For the termination of the legal parent-child relationship, other than that in connection with adoption proceedings under Chapter 8 of Title 19, in which the
superior courts shall have exclusive jurisdiction to terminate the legal parent-child
relationship and the rights of the biological father who is not the legal father of the child; or
(D) Under Article 3 of this chapter, relating to prior notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion,
(b) Concurrent criminal Criminal jurisdiction. (1) Except as provided in paragraph (2) of this subsection, the T-e court shall have concurrent jurisdiction with the supe-
rior court over a child who is alleged to have committed a delinquent act which would

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be considered a crime if tried in a superior court and for which the child may be punished by loss of Iife2 imprisonment for life without possibility of parole, or confinement for life in a penal institution.
(2) (A) The superior court shall have exclusive jurisdiction over any matter concerning any child 13 to 17 years of age who is alleged to have committed any of the following offenses:
(i) Murder; (ii) Voluntary manslaughter; (iii) Rape; (iv) Aggravated sodomy; (v) Aggravated child molestation; (vi) Aggravated sexual battery; or (vii) Armed robbery if committed with a firearm. (B) After indictment, the superior court may after investigation and for extraordinary cause transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph which is not punishable by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. (C) Before indictment, the district attorney may, after investigation and for extraordinary cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subparagraph (A) of this paragraph. Upon declining such prosecution in the superior court, the district attorney shall immediately withdraw the case and lodge it in the appropriate juvenile court for adjudication. Any case transferred by the district attorney to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-37 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-37. (c) Concurrent custody and support jurisdiction. Where custody is the subject of controversy, except in those cases where the law gives the superior courts exclusive jurisdiction, in the consideration of these cases the juvenile court shall have concurrent jurisdiction to hear and determine the issue of custody and support when the issue is transferred by proper order of the superior court. (d) Age limit for new actions. The juvenile court shall not have jurisdiction to initiate any new action against an individual for acts committed after he or she has reached the age of 17 years. This subsection does not affect the court's jurisdiction to enter extension orders pursuant to Code Section 15-11-41."
Section 15. Said article is further amended by adding between Code Sections 15-11-5 and 15-11-6 a new Code Section 15-11-5.1 to read as follows:
"15-11-5.1. A child 13 to 17 years of age convicted of any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-5 shall be committed to the custody of the Department of Corrections; provided, however, that any juvenile in the custody of the Department of Corrections shall be housed in a designated youth confinement unit until reaching the age of 17 notwithstanding that such juvenile was tried and convicted as an adult in superior court. Any designated youth confinement unit in which a juvenile is housed shall be designed to ensure that juveniles are at all times housed separately from any adult offender incarcerated in the facility in which such youth confinement unit is located and shall be designed to facilitate rehabilitation of such juveniles, which shall mean that a youth confinement unit shall be of a nondormitory design whenever possible and whenever such facilities become available and staffed by personnel who have received specialized training in the field of juvenile justice. All designated youth confinement units shall provide to youths 13 to 17 years of age who have been sentenced to such units as a result of a conviction in superior court as an adult of an offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-5 life skills training, academic or

MONDAY, MARCH 7, 1994

1831

vocational training, and substance abuse and violence prevention counseling to the extent that appropriations are available for such activities."
Section 16. Said article is further amended by striking in its entirety Code Section 15-11-13, relating to the transfer of criminal or quasi-criminal proceedings to the juvenile court, and inserting in lieu thereof a new Code Section 15-11-13 to read as follows:
"15-11-13. If it appears to any court in a criminal proceeding or a quasi-criminal proceeding that the defendant is a child, except in cases where the superior court has exclusive or concurrent jurisdiction as provided in subsection (b) of Code Section 15-11-5, the case shall forthwith be transferred to the juvenile court together with a copy of the accusatory pleading and all other papers, documents, and transcripts of testimony relating to the case. The transferring court shall order that the defendant be taken forthwith to the juvenile court or to a place of detention designated by the court or shall release him or her to the custody of his or her parent, guardian, custodian, or other person legally responsible for him or her, to be brought before the juvenile court at a time designated by that court. The accusatory pleading may serve in lieu of a petition in the juvenile court unless that court directs the filing of a petition."
Section 17. Said article is further amended by striking in its entirety subsection (a) of Code Section 15-11-17, relating to where a child may be taken into custody, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A child may be taken into custody: (1) Pursuant to an order of the court under this article, including an order to an
employee of the Department of Children and Youth Services designated in accordance with paragraph (2) of subsection (i) of Code Section 49-4A-8 or to an employee of the Department of Corrections, to apprehend a child who has escaped from an institution or facility operated either by the Department of Children and Youth Services or the Department of Corrections or a child who has been placed under supervision and who has broken the conditions thereof;
(2) Pursuant to the laws of arrest; (3) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has committed a delinquent act or if there are reasonable grounds to believe that he or she is an unruly child; (4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his or her surroundings and that his or her removal is necessary; or (5) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from his or her parents, guardian, or other custodian."
Section 18. Said article is further amended by striking in its entirety paragraph (4) of subsection (a) of Code Section 15-11-19, relating to the procedure upon taking a child into custody and detention, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Bring the child who is suspected of committing a delinquent act before the superior court of the county where the delinquent act occurred if the act is an act over which the superior court has exclusive or concurrent jurisdiction as provided in subsection (b) of Code Section 15-11-5; however, pending a commitment hearing authorized under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment, the child shall be returned and placed in detention, if necessary, only in such places as are authorized by Code Section 15-11-20."
Section 19. Said article is further amended by striking in its entirety Code Section 15-11-20, relating to place of detention for delinquent offenders, capital offenders, or deprived children, and inserting in lieu thereof a new Code Section 15-11-20 to read as follows:
"15-11-20. (a) Allegation of delinquency. A child alleged to be delinquent may be detained only in:

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(1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative;
(2) A facility operated by a licensed child welfare agency; or (3) A detention home or center for delinquent children which is under the direction or supervision of the court or other public authority or of a private agency approved by the court.
(t>) Allegation of capital or violent offense. A child alleged to have committed an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 15-11-5 shall be detained pending a commitment hearing under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the juvenile court in which the case is pending that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender.
(c) Transfer following indictment. Following an indictment for an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of
Code Section 15-11-5 or following the transfer of a case to any court for criminal prosecution under Code Section 15-11-39, the child shall be held only in a facility described
in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the superior court that public safety and protection reasonably
require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way
that there can be no physical contact between a child and an adult offender. (d) Notification of juvenile court by official of jail. The official in charge of a jail
or other facility for the detention of adult offenders or persons charged with crime shall
immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of 17 years is received at the facility
and shall bring him or her before the court upon request or deliver him or her to a detention or shelter care facility designated by the courtj provided, however, the official
in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall immediately inform the court in which the case is pending
or a duly authorized officer of such court if a person who is or appears to be 13 to 17 years of age and who is alleged to have committed any offense enumerated in subpara-
graph (b)(2)(A) of Code Section 15-11-5 is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention facility desig-
nated by the court. Such child shall not be held in the jail, but may be held in a temporary holding area outside of the jail constructed as such for not longer than six hours
pending transfer to the detention facility. For purposes of this Code section, the term 'jail' shall include not only the cells, but any other secured area of the jail adjacent to
the cells in which adult offenders are held or through which they are transported. (e) Allegation of unruliness. A child unruly or alleged to be unruly may be detained
or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsec-
tion (a) of this Code section or in a secure juvenile detention facility for a period not to exceed 72 hours; provided, however, upon written order of the judge having jurisdic-
tion of the case and upon good cause shown, a child alleged to be unruly may be detained for one additional period not to exceed 48 hours; provided, further, that no child alleged to be or found to be unruly who has not previously been adjudicated
unruly may be detained in a secure juvenile detention facility unless such child is alleged to be under the court's jurisdiction as provided in subparagraph (D) of paragraph (12) of Code Section 15-11-2 and then shall be detained in that facility only so
long as is required to effect the child's return home or to ensure the child's presence at a scheduled court appearance when the child has previously failed to appear for a
scheduled court appearance. In the event a child alleged to be unruly comes within the purview of the Interstate Compact on Juveniles and the proper authorities of a demand-
ing state have made an official return request to the proper authorities of this state, the Interstate Compact on Juveniles shall apply to the child.

MONDAY, MARCH 7, 1994

1833

(f) Allegation of deprivation. A child alleged to be deprived may be placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a shelter care facility operated by the court. The actual physical placement of a child pursuant to this subsection shall require the approval of the judge of the juvenile court or his or her designee.
(g) Data to be maintained. All facilities that detain juveniles for pretrial detention shall maintain the following data on each child detained:
(1) Name; (2) Date of birth; (3) Sex; (4) Race; (5) Offcnac(9) Offense or offenses for which being detained; (6) Date of and authority for confinement; (7) Date of and authority for release or transfer; and (8) Where transferred or to whom released. Such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juvenile court jurisdiction, by the Department of Children and Youth Services, by the Department of Corrections, and by the Georgia Council of Juvenile Court Judges."
Section 19.5. Said article is further amended by striking subsection (b) of Code Section 15-11-35, relating to disposition of a delinquent child, and inserting in lieu thereof the following:
"(b) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Public Safety of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion, in addition to any other treatment or rehabilitation, order the child to serve urj to a maximum of 90 days in a regional youth development center."
Section 20. Said article is further amended by striking in its entirety subsection (d) of Code Section 15-11-35.1, relating to the disposition of a child committing a delinquent act constituting an AIDS transmitting crime, and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) Any juvenile sentenced to the custody and control of the Department of Corrections or the Department of Children and Youth Services shall be HIV tested in accordance with the policies and procedures of the respective department.
(e If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to:
(1) The Department of Children and Youth Services or the Department of Corrections, as the case may be, and the Department of Human Resources, the latter of which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Children and Youth Services or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person may be confined in that

1834

JOURNAL OF THE HOUSE,

facility separately from any other children in that facility other than those who have been determined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of children and youth services or the commissioner of corrections, as the case may be, reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted."
Section 21. Said article is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Designated felony act' means an act which; if-: (A) Constitutes a second or subsequent offense under subsection (b) of Code Sec-
tion 16-11-132 if committed by a person 13 to 17 years of age; (B) If done by an adult, would be one or more of the following crimes: {A)--Murder, jape, kidnapping, er arson in the f-st degree, tf done %y a juvenile
(i) Kidnapping or arson in the first degree, if done by a juvenile 13 or more years of age;
{B} (ii) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, aggravated battery, robbery, or armed robbery not involving a firearm, if done by a juvenile 13 or more years of age;
46) (iii) Attempted murder or attempted kidnapping, if done by a juvenile 13 or more years of age; or
(iv) The carrying or possession of a weapon in violation of subsection (b) of Code Section 16-11-127.1; or
{B} (v) Any other act which, if done by an adult, would be a felony, if the juvenile committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies] or (C) Constitutes an offense within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-5 which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (b)(2)(C) of Code Section 15-11-5."
Section 22. Said article is further amended by striking paragraph (1) of subsection (e) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof the following:
"(1) The order shall provide that: (A) The juvenile shall be placed in the custody of the Department of Children and
Youth Services for an initial period of five years; (B) The juvenile shall initially be confined in a youth development center for a
period set by the order, to be not less than 12 nor more than 48 60 months; provided, however, that time spent in secure detention subsequent to the date of the order and prior to placement in a youth development center shall be counted toward the period set by the order; and, provided, further, that, where the order of the court is made in compliance with subsection (f) of this Code section, the juvenile shall initially be confined in a youth development center for 18 months;
(C) After the period set under subparagraph (B) of this paragraph, the juvenile shall be placed under intensive supervision for a period of 12 months; and
(D) The juvenile may not be released from a youth development center or transferred to a nonsecure facility during the period provided in subparagraph (B) of this paragraph nor may the juvenile be released from intensive supervision during the period provided in subparagraph (C) of this paragraph, unless by court order. No home visits shall be permitted during the first six-month period of confinement in a youth development center unless authorized by the court except for emergency visits for medical treatment or severe illness or death in the family. All home visits must

MONDAY, MARCH 7, 1994

1835

be carefully arranged and monitored while a youth is confined in a youth development center, whether such confinement is pursuant to a court order or otherwise;".
Section 23. Said article is further amended by striking in its entirety subsection (c) of Code Section 15-11-38, relating to the nature and effect of adjudication and the use of disposition and evidence, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) A child shall not be committed to a penal institution or other facility used primarily for the execution of sentences of persons convicted of a crime; provided, however, this subsection shall not be construed as prohibiting the transfer of a child from the custody of the Department of Children and Youth Services to the custody of the Department of Corrections as provided in Code Section 49-5-10.1 or as prohibiting the direct commitment of a child to the custody of the Department of Corrections for detention in a designated youth confinement unit as provided in this article."
Section 24. Said article is further amended by adding at the end of Code Section 15-11-40, relating to disposition of mentally ill or mentally retarded children, a new subsection (e) to read as follows:
"(e) The provisions of Code Section 15-11-5.1 shall not apply to any child 13 to 15 years of age who is found to be suffering from mental illness or mental retardation. Any such child shall not be committed to the Department of Corrections but shall be committed to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources as provided in this Code section."
Section 25. Said article is further amended by adding at the end of Code Section 15-11-39, relating to the transfer of an offense to another court for prosecution, a new subsection (f) to read as follows:
"(f) This Code section shall not apply to any proceeding within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-5."
Section 26. Said article is further amended by striking in its entirety Code Section 15-11-60, relating to when a child may be fingerprinted or photographed, and inserting in lieu thereof a new Code Section 15-11-60 to read as follows:
"15-11-60. (a) No child under 13 years of age shall be fingerprinted in the investigation of a crime except as provided in this Code section. Fingerprints of a child 13 or 14 years of age who is referred to the court may be taken and filed by law enforcement officers and fingerprints of a child 15 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of the crimes of mufdcr, voluntary manslaughter, involuntary manslaughter, rape; robbery, armed robbery not involving a firearm, aggravated assault, aggravated battery, burglary, and motor vehicle theft.
I116S Or Children 9ftftii tj Kept SCpftffllC IPOFft UlO9 Or tuUll.
ef- fingerprints hnewn te fee those ef a enHd shall fee maintained en a local basis only and shall net fee sent te a central state ef federal depository unless needed the interest ef- national security. The fingerprints of any child 13 to 1/7 years of age charged with any offense over which the superior court has exclusive or concurrent jurisdiction shall be taken and filed by law enforcement officers investigating the commission of any such crime.
(c) All juveniles sentenced to the custody of the Department of Corrections shall be fingerprinted. The fingerprinting of juvenile inmates will be processed in accordance with the Department of Corrections' policies for adult inmates.
{e} (d) Fingerprint files of children may be inspected by law enforcement officers when necessary for the discharge of their official duties. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest.
{d) (e) Upon application of the child, fingerprints of a child shall be removed from the file and destroyed if; a petition alleging delinquency is not filed or the proceedings are dismissed after either a petition is filed or the case is transferred to the juvenile

1836

JOURNAL OF THE HOUSE,

court as provided in Code Section 15-11-13 or the child is adjudicated not to be a delinquent child.
41) A petition alleging delinquency is net filed, er the proceedings we diamisscd flitep eitileP ft petition ts tiled of tfte cftse is tpsnsicppcci to *ftc juvenile court scs pro~
J. ,.-
J tTT
criiid reflctics zrt ycflps ot &c flnd tncrc ts oo record tnftt ne comwi111ed a criminal offcnsc after reaching K> years ef ag; 4e) (fj If latent fingerprints are found during the investigation of an offense and a law enforcement officer has probable cause to believe that they are those of a particular child, he or she may fingerprint the child regardless of age or offense for purposes of immediate comparison with the latent fingerprints. If the comparison is negative, the fingerprint card and other copies of the fingerprints taken shall be immediately destroyed. If the comparison is positive and the child is referred to the court, the fingerprint card and other copies of the fingerprints taken shall be delivered to the court for disposition. If the child is not referred to the court, the fingerprints shall be immediately destroyed. 4f) (g) Without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution. 4g) (h) (1) The name or picture of any child under the jurisdiction of the juvenile court for the first time shall not be made public by any news media, upon penalty of contempt under Code Section 15-11-62, except as authorized by an order of the court.
(2) It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under the jurisdiction of the court for a second or subsequent time. No person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child."
Section 27. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety Code Section 17-10-14, relating to the committal of a person under 17 years of age who is convicted of a felony, and inserting in lieu thereof a new Code Section 17-10-14 to read as follows:
"17-10-14. (a) Notwithstanding any other provisions of this article and except as otherwise provided in subsection subsections (b) and (c) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Department of Children and Youth Services to serve such sentence in a detention center of such department until such person is 17 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections.
(b) If a juvenile is transferred to superior court according to subsection (b) of Code Section 15-11-39 and convicted of murder, voluntary manslaughter, aggravated assault; er aggravated battery as defined in Chapter 5 of Title 16, the court may sentence such juvenile to the Department of Corrections. Such juvenile shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections.
(c) In any case where a person 13 to 17 years of age is convicted of a felony provided under subparagraph (b)(2)(A) of Code Section 15-11-5, such person shall be committed to the custody of the Department of Corrections and shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections."
Section 28. Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by state in criminal cases, is amended by striking in its entirety

MONDAY, MARCH 7, 1994

1837

Code Section 5-7-1, relating to orders and judgments which are appealable, and inserting in lieu thereof a new Code Section 5-7-1 to read as follows:
"5-7-1. An appeal may be taken by and on behalf of the State of Georgia from the superior courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases in the following instances:
(1) From an order, decision, or judgment setting aside or dismissing any indictment or accusation or any count thereof;
(2) From an order, decision, or judgment arresting judgment of conviction upon legal grounds;
(3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy;
(4) From an order, decision, or judgment sustaining a motion to suppress evidence illegally seized in the case of motions made and ruled upon prior to the impaneling of a jury; j or
(5) From an order, decision, or judgment transferring a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-5."
Section 29. 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 30. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval and shall apply to all offenses committed on or after such effective date.
Section 31. 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 SB 440 by adding after the word "business" on line 24, page 11 the following:
"or is in the ordinary course transacting lawful business".

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

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

N Burkhalter Y Byrd N Campbell N Canty Y Carlisle Y Carrell N Carter N Cauthorn
Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker N Coleman, B Y Coleman, T N Colwell Y Connell
Cox Y Crawford

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

Groover N Hammond Y Manner Y Harris, B Y Harris, M N Hart N Heard N Hegstrom
N Hembree N Henson N Holland
Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James N Jamieson N Jenkins

Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye
Y Kinnamon Y Klein Y Ladd
Y Lakly N Lane, D Y Lane, R
Lawrence N Lawson Y Lee Y Lewis Y Lord Y Lucas

1838

JOURNAL OF THE HOUSE,

Y Maddox
Y Mann N Martin N McBee Y McClinton Y McKinney
Milam Y Mills N Mobley, B Y Mobley, J Y Moore
N Mosley Y Mueller
E Oliver N O'Neal
N Orrock

N Padgett E Parham Y Parrish N Patten Y Pelote Y Perry N Pinholster YPoag N Polak N Porter N Poston Y Powell Y Purcell, A
Y Purcell, B Y Randall N Randolph

YRay N Reaves N Reichert Y Roberts N Royal
N Scoggins Y Shanahan
Sherrill
Y Shipp Y Simpson Y Sinkfield
Skipper N Smith, C Y Smith, L Y Smith, P N Smith, T

Y Smith, V Y Smith, W
Smyre NSnow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Stephenson
Streat Y Taylor Y Teague N Teper Y Thomas Y Tillman Y Titus

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

On the adoption of the amendment, the ayes were 107, nays 54. The amendment was adopted.

The following amendment was read:
Representative Joyce of the 1st moves to amend the Committee substitute to SB 440 by striking the word "or" at the end of line 16 of page 11.
By striking the period at the end of line 22 of page 11 and inserting in lieu thereof the following:

By adding between lines 22 and 23 of page 11 the following:
"(17) The operator or occupants of a motor vehicle traveling or stopped on a public roadway or right of way within a school safety zone if such motor vehicle does not enter upon school property and no weapon inside the motor vehicle is removed therefrom within a school safety zone."
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
Bannister N Barfoot N Bargeron
Y Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks, D
Brooks, T
Y Brown NBuck N Buckner
N Bunn Y Burkhalter NByrd Y Campbell
N Canty N Carlisle Y Carrell
N Carter N Cauthorn N Chambless

N Chandler Y Channell N Childers Y Clark Y Coker Y Coleman, B
Y Coleman, T N Colwell
Y Connell NCox N 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 E Evans Y Felton
N Floyd, J.M N Floyd, J.W
N Godbee E 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 Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin
Y James Jamieson
Y Jenkins N Johnson, D.H Y Johnson, E N Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce

YKaye Y Kinnamon Y Klein
NLadd Y Lakly N Lane, D Y Lane, R
Lawrence N Lawson NLee Y Lewis
NLord N Lucas Y Maddox YMann N Martin N McBee Y McClinton
Y McKinney N Milam Y Mills Y Mobley, B N Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal N Orrock

N Padgett E Parham N Parrish N Patten Y 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 Y Roberts N Royal N Scoggins N Shanahan Y Sherrill Y Shipp N Simpson Y Sinkfield
N Skipper Y Smith, C

MONDAY, MARCH 7, 1994

1839

N 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
Y Stephenson
Streat Y 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

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

On the adoption of the amendment, the ayes were 76, nays 91. The amendment was lost.

The following amendment was read:

Representatives Mills of the 21st and Crews of the 78th move to amend the Committee substitute to SB 440 as follows:
On page 17 "line 12" strike the word "three" and insert the word "five".

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

N Colwell Y Connell YCox 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 E Evans
Y Felton N Floyd, J.M N Floyd, J.W N Godbee E 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

Y Howard
Y Hudson N Hughes N Hugley N 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
Lawrence Y Lawson NLee N Lewis
NLord N Lucas Y Maddox Y Mann N Martin N McBee N McClinton N McKinney Y Milam Y Mills

Y Mobley, B
Y Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal N Orrock
N Padgett
E Parham
N Parrish
N Patten Y Pelote Y Perry Y Pinholster
Y Poag N Polak N Porter N Poston Y Powell N Purcell, A Y Purcell, B N Randall Y Randolph
YRay N Reaves N Reichert
Y Roberts Y Royal Y 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
Y Stanley, L Y Stanley, P Y Stephenson
Streat N Taylor Y Teague N Teper Y Thomas Y 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
E Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 82, nays 86. The amendment was lost.

Representative Mills of the 21st moved that the House reconsider its action in failing to adopt the Mills amendment.
On the motion, the roll call was ordered and the vote was as follows:

1840

JOURNAL OF THE HOUSE,

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

N Colwell Y Connell NCox Y Crawford Y Crews N Culbreth
Y Cummings Y Davis, G Y Davis, M
Y Dickinson Y Dix N Dixon, H N Dixon, S
Dobbs Y Ehrhart N Epps E Evans
Y Felton N Floyd, J.M N Floyd, J.W N Godbee E 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

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

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

On the motion, the ayes were 68, nays 95. The motion was lost.

The following amendment was read:

Representative Stancil of the 16th moves to amend the Committee substitute to SB 440 as follows:
Page 20, line 29 after word "misdemeanor" add: "of a high and aggravated nature".
Line 30 change "21" to "18".

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 Y Barfoot Y Bargeron Y Barnes Y Bates
Benefield Y Birdsong N Bordeaux N 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 N Carter Y Cauthorn Y Chambless
Y Chandler
N Channell
N Childers

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

Y Dixon, S Dobbs
Y Ehrhart
N Epps E Evans Y Felton
Y Floyd, J.M N Floyd, J.W N Godbee E Golden
Y Goodwin N Greene Y Groover Y Hammond
Hanner Y 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 Y Irvin
James N Jamieson Y Jenkins

MONDAY, MARCH 7, 1994

1841

Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein
Y Ladd Y Lakly
Y Lane, L> Y Lane, H
Lawrence Y Lawson Y Lee Y Lewis
Y Lord Y Lucas

Y Maddox Y Mann N Martin
N McBee N McClinton N 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 E Parham
Y Parrish N Patten

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

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

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

On the adoption of the amendment, the ayes were 108, nays 57. The amendment was adopted.

The following amendment was read:

Representative Johnson of the 84th moves to amend the Committee substitute to SB 440 as follows:
Page 10 line 9 after "school;" add "or any weapon legally kept within vehicle in transit through a designated school zone by any person other than a student".
Renumber following lines accordingly.

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

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

Y Coker Y Coleman, B
Y Coleman, T N Colwell Y Connell NCox 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 N Epps E Evans
Y Felton Y Floyd, J.M Y Floyd, J.W N Godbee E Golden Y Goodwin
Greene Y Groover N Hammond
Y Manner Y Harris, B Y Harris, M N Hart

N Heard N Hegstrom Y Hembree N Henson N Holland N Holmes Y Howard Y Hudson Y Hughes N Hugley Y Irvin
James N 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
Lawrence Y Lawson NLee Y Lewis Y Lord

Y Lucas Y Maddox Y Mann 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 N O'Neal N Orrock
Y Padgett E Parham
Y Parrish N Patten N Pelote N Perry Y Pinholster YPoag N Polak
N Porter N Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph

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

1842

JOURNAL OF THE HOUSE,

Y Trense N Turnquest
Twiggs

Y Vaughan Y Walker Y Wall

N Watson N Watts Y Westmorland

Y White Y Williams, B Y Williams, R

On the adoption of the amendment, the ayes were 115, nays 49. The amendment was adopted.

Y Yates E Yeargin
Murphy, Spkr

The following amendment was read:

Representatives Lakly of the 105th and Westmoreland of the 104th move to amend the Committee substitute to SB 440 as follows:
Page 27 line 24 and 25 delete "if committed with a firearm".
Page 39 line 4 delete "not involving a firearm".

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 Y Bates
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 N Byrd Y Campbell N Canty N Carlisle N Carrell Y Carter N Cauthorn
N Chambless N Chandler Y Channell Y 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 Y Dickinson YDix
Dixon, H N Dixon, S N Dobbs
Y Ehrhart N Epps E Evans Y Felton Y Floyd, J.M N Floyd, J.W
N Godbee E Golden Y Goodwin N Greene N Groover N Hammond N Manner Y 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 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 Y Lane, D N Lane, R
Lawrence
N Lawson NLee
N Lewis NLord N Lucas Y Maddox N Mann N Martin N McBee N McClinton
Y McKinney Y Milam Y Mills

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

On the adoption of the amendment, the ayes were 64, nays 104. The amendment was lost.

N Smith, C N Smith, L
Y Smith, P N Smith, T Y Smith, V Y Smith, W N Smyre N Snow N Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y 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
Y Wall N Watson N Watts Y Westmoreland N White N Williams, B
Williams, R
Y Yates E Yeargin
Murphy, Spkr

The following amendment was read and adopted:

Representative Brown of the 117th moves to amend the Committee substitute to SB 440 as follows:
Line 33 page 36 delete the word "regional".

MONDAY, MARCH 7, 1994

1843

The following amendment was read:

Representative Brown of the 117th, et al. move to amend the Committee substitute to SB 440 by striking in their entirety lines 11 through 33 of page 36 which read as follows:
"Section 19.5. Said article is further amended by striking subsection (b) of Code Section 15-11-35, relating to disposition of a delinquent child, and inserting in lieu thereof the following:
'(b) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Public Safety of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 days in a regional youth development center.'"

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 Y Brooks, T Y Brown N Buck N Buckner N Bunn N Burkhalter NByrd
N Campbell N Canty N Carlisle N Carrell N Carter
N Cauthorn N Chambless N Chandler N Channel! N Childers N Clark N Coker N Coleman, B N Coleman, T

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

Y 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 N Johnston Y Jones N Joyce N Kaye N Kinnamon N Klein NLadd N Lakly N Lane, D
N Lane, R Lawrence Lawson
NLee N Lewis NLord Y Lucas Y Maddox
N Mann N Martin N McBee N McClinton Y 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 Parrish N Patten Y Pelote N Perry N Pinholster NPoag N Polak N Porter N Poston
N Powell N Purcell, A N Purcell, B Y Randall N Randolph N Ray
Reaves N Reichert
Y Roberts N Royal
Scoggins N Shanahan N Sherrill N Shipp N Simpson Y Sinkfield N Skipper

On the adoption of the amendment, the ayes were 25, nays 140. The amendment was lost.

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

1844

JOURNAL OF THE HOUSE,

The following amendment was read:

Representative Taylor of the 134th, et al. move to amend the Committee substitute to SB 440 by striking from lines 16 and 17 of page 7 the following:
"in, on, or within 1,000 feet of', and inserting in lieu thereof the following:
"in or on". By striking from lines 20 and 21 of page 7 the following: "in, on, or within 1,000 feet of", and inserting in lieu thereof the following: "in or on".

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

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

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

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

Y Mobley. B N Mobley, J N Moore Y Mosley N Mueller E Oliver N O'Neal N Orrock
N Padgett E 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 Y Randall N Randolph NRay N Reaves N Reichert
Y Roberts N Royal
Scoggins N Shanahan N Sherrill N Shipp N Simpson Y Sinkfield N Skipper

On the adoption of the amendment, the ayes were 46, nays 121. The amendment was lost.

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

The following amendment was read:

Representative Taylor of the 134th, et al. move to amend the Committee substitute to SB 440 by striking from lines 19 through 22 of page 2 the following:

MONDAY, MARCH 7, 1994

1845

"to make it unlawful to loiter within school safety zones; to provide for enforcement; to provide a penalty for the commission of such a crime;".
By striking in their entirety lines 17 through 33 of page 13 and lines 1 through 17 of page 14 and inserting in lieu thereof the following:
"Section 5. Reserved."

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

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

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

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

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

On the adoption of the amendment, the ayes were 50, nays 117. The amendment was lost.

The following amendment was read:

Representative Stanley of the 49th, et al. move to amend the Committee substitute to SB 440 by striking from lines 22 and 23 of page 2 the following:
"to change the penalty for the crime of disrupting a public school;".
By striking in their entirety lines 18 through 27 of page 14 and inserting in lieu thereof the following:
"Section 6. Reserved."

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

1846

JOURNAL OF THE HOUSE,

N Ashe N Atkins N Bailey N Baker N Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D Y Brooks, T Y Brown N Buck N Buckner
N 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 N Cummings
Y Davis, G N Davis, M N Dickinson NDix N Dixon, H N Dixon, S N Dobbs N Ehrhart YEpps E Evans N Felton N Floyd, J.M
N Floyd, J.W N God bee E Golden Y Goodwin N Greene N Groover N Hammond N Hanner N Harris, B N Harris, M
YHart Y Heard N Hegstrom N Hembree N Henson N Holland Y Holmes

Howard N 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 Y Joyce NKaye N Kinnamon N Klein NLadd N Lakly
N Lane, D N Lane, R
Lawrence N Lawson NLee Y Lewis NLord Y Lucas Y Maddox N Mann
N Martin N McBee Y McClinton Y 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 Parrish
N Patten Y Pelote
N Perry N Pinholster NPoag N Polak N Porter N Poston N Powell N Purcell, A ' N Purcell, B
Y Randall N Randolph NRay N Reaves N Reichert Y Roberts N Royal
Scoggins N Shanahan N Sherrill N Shipp
N Simpson Y Sinkfield N Skipper

On the adoption of the amendment, the ayes were 34, nays 136. The amendment was lost.

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

The following amendment was read and lost:

Representative Joyce of the 1st moves to amend the Committee substitute to SB 440 as follows:
Replace "1000" with "200" wherever found.

The following amendment was read and adopted:

Representative Baker of the 70th moves to amend the Committee substitute to SB 440 by adding at the end of line 6 of page 28 the following:
"Any case transferred by the superior court to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-37 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-37."
By adding on line 21 of page 39 between the word "the" and the word "district" the following:
"superior court to the juvenile court for adjudication pursuant to subparagraph (b)(2)(B) of Code Section 15-11-5 or which is transferred by the".

The following amendment was read and lost:

MONDAY, MARCH 7, 1994

1847

Representatives Crews of the 78th and Bannister of the 77th move to amend the Committee substitute to SB 440 as follows:
Insert on page 27, line 26, the following:
(viii) The carrying or possession of a firearm on school property.

The following amendment was read:

Representative Brown of the 117th moves to amend the Committee substitute to SB 440 as follows:
Line 30 page 36 insert the word "second" after a and before "delinquent".
Line 33 page 36 strike "90", insert in lieu thereof "14".
Delete the period (.) after the word center and add the following words: "provided that space is available".

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
Y Brooks, T Y Brown
N Buck N Buckner N Bunn N Burkhalter NByrd N Campbell
Y Canty N Carlisle
N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers N Clark N Coker N Coleman, B N Coleman, T

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

Y Howard N 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 NLadd N Lakly N Lane, D N Lane, R
Lawrence N Lawson
NLee N Lewis
NLord Lucas Maddox
N Mann N Martin N McBee Y McClinton Y 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 Parrish N Patten Y Pelote N Perry N Pinholster N Poag N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B Y Randall N Randolph NRay
Reaves N Reichert Y Roberts N Royal
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 N Smith, W
Y Smyre N Snow N Stancil, F
Stancil, S Stanley, L Stanley, P Y Stephenson
Streat Y Taylor Y Teague N Teper N Thomas Y Tillman Y Titus
N Towery N Trense Y Turnquest N Twiggs N Vaughan N Walker N Wall N Watson N Watts N Westmorland Y White N Williams, B N Williams, R N Yates E Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 30, nays 132. The amendment was lost.

The following amendment was read and adopted:

Representatives Thomas of the 100th and Barnes of the 33rd move to amend the Committee substitute to SB 440 by adding between lines 25 and 26 of page 28 the following:

1848

JOURNAL OF THE HOUSE,

"(D) The superior court may transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph and convicted of a lesser included offense not included in subparagraph (A) of this paragraph to the juvenile court of the county of the child's residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate."

Representative Crews of the 78th 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:

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 Y Breedlove
Y Brooks, D N Brooks, T Y Brown N Buck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell
N Canty N Carlisle N Carrell Y Carter Y Cauthorn
Chambless N Chandler N Channell N Childers Y Clark Y 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
Y Dix Y Dixon, H
Dixon, S N Dobbs Y Ehrhart
N Epps E Evans
Y Felton N Floyd, J.M N Floyd, J.W N Godbee E Golden
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 N Jamieson N Jenkins
N Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson,J Y Johnston N Jones
Y Joyce YKaye N Kinnamon Y Klein Y Ladd Y Lakly N Lane, D
N Lane, R Lawrence
Y Lawson NLee Y Lewis NLord
Lucas Maddox YMann N Martin N McBee N McClinton N McKinney Milam Y Mills

On the motion, the ayes were 57, nays 105. The motion was lost.

N Mobley, B N Mobley, J Y Moore N Mosley
Mueller E Oliver
N O'Neal N Orrock N Padgett E 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 YRay
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 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 Y Towery Y Trense
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 E 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 substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

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

Y Barnes Y Bates Y Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove

Y Brooks, D
N Brooks, T N 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

MONDAY, MARCH 7, 1994

1849

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

Harris, M N Hart Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland N 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 Y Ladd Y Lakly Y Lane, D

Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis YLord N Lucas Y Maddox YMann
Y Martin Y McBee Y McClinton N McKinney Y Milam Y Mills
N 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
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

Y Snow Y Stancil, F Y Stancil, S Y Stanley, L N Stanley, P
Y Stephenson Streat
Y Taylor
N Teague Y Teper Y Thomas Y Tillman N 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 E Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 Annotated, relating to local family and children services, so as to change the composition, qualifications, and manner of selecting county boards of family and children services; to provide for terms and vacancies; to provide for a chairperson and vice chairperson; to provide for compensation and expenses; to provide for effective dates.

The following amendment was read and withdrawn:

The Committee on Children and Youth moves to amend SB 469 by adding on line 19 of page 2 after "county., the following:
"In making appointments to the county board of family and children services, the governing authority shall ensure that appointments are reflective of gender, race, ethnic, and age characteristics of the county population."
By striking line 23 of page 2 and inserting in its place the following:
a"."superintendent or superintendents of the public schools in the county and shall be
By striking "of" and inserting "or officers in" on line 27 of page 2.
By adding "shall be paid a per diem of not less than $15.00 per month and" immediately following "they" on line 2 of page 4.

The following amendment was read and adopted:

1850

JOURNAL OF THE HOUSE,

Representatives Lee of the 94th, Bailey of the 93rd and Cauthorn of the 35th move to amend SB 469 by striking lines 1 through 27 of page 1, lines 1 through 34 of page 2, lines 1 through 34 of page 3, lines 1 through 32 of page 4 and lines 1 through 9 of page 5 and inserting in their place the following:
"To amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county boards of family and children services, so as to change the manner of appointing members to such boards; to provide for vacancies, terms of office, and compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county boards of family and children services, is amended by striking subsections (a) through (e) of Code Section 49-3-2, relating to appointment of members to such boards, and inserting in lieu thereof the following:
'49-3-2. (a) Each county board shall consist of five members who shall be appointed by the commiaaioncr ef human rcaourcca e th recommendation ad nomination ef- the county commiaaieaef er beard ef commiaaioncra er ether legally conatituted tiscfli &t iinctncifii d^&nt of tnc county, oocn county commissioner OP Do&Pd ot commissioners OP IISCQI OP iin&nci&i sent snflii PCCOmmend &nd nomincttc to tnc com"

position on tiie county Dofl.ru to DC tilled oy tftc coimntss loncp . AS & condition of Dem s nominee , ectcn person so d&signctted sriflii certiiy m writing to tnc

beard governing authority of the county. No person serving as a member of a county board on July 1^ 1994, shall have such person's term of office shortened by this subsection. On and after that date, however, vacancies in such office which occur for any reason, including but not limited to expiration of the term of office, shall be filled by appointment of the county governing authority except as provided in subsection (c) of this Code section. No elected officer of the state or any subdivision thereof shall be eligible for appointment to the county board.
(b) The term of office of members of the county board shall be for five years and until the appointment and qualification of their respective successors, except that upon the expiration of the terms of the members of the county board in office on July 1, 1963, one member shall be appointed for a one-year term, one member for a twoyear term, one member for a three-year term, one member for a four-year term, and one member for a five-year term.
(c) Appointments to fill vacancies on the county board caused by death, resignation, or removal before the expiration of a term shall be made for the remainder of such term in the same manner as provided in this Code section for original appointments. In the event that the county commissioner er board ef commiaaioncra er county fiscal ef financial agent governing authority of the county shall fail to recommend and nominate pcr-aona te f4H vacancies fill any such vacancy or any vacancy caused by expiration of term on the county board as required by this Code section within 90 days after such vacancy occurs, the commissioner may appoint members to the county board to fill such vacancies absent auch recommendation and nomination.
\Q) l nc commiaaioncr may provide rules and regulations governing acicction er persona te acrvc as chairman and vice-chairman ef each county board. Reserved.
(e) Members of the county board shall serve without compensation, except that they shall be paid a per diem of not less than $15.00 per month and shall be reimbursed for traveling and other expenses actually incurred in the performance of their official duties; provided, however, that the gross expenses assessed against a county shall not exceed the amount of the budget of the county previously set aside and levied by the county authorities for such expenses.'

MONDAY, MARCH 7, 1994

1851

Section 2. All laws and parts of laws in conflict with this Act are repealed."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, 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
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 N Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps E Evans Y Felton Y Floyd, J.M
Floyd, J.W
Y Godbee E 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 Y Johnson, G Y Johnson, J
Y Johnston Y Jones Y Joyce YKaye
Kinnamon
Y Klein Ladd
Y Lakly
Y Lane, D Y Lane, R Y Lawrence
Lawson Lee Y Lewis Y Lord Lucas N Maddox 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
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
Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Y Sinkfield Y Skipper

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

On the passage of the Bill, as amended, the ayes were 149, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Due to a mechanical malfunction, the vote of Representative Mann of the 5th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

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

Y Ashc Y Atkins Y Bailey

Y Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong
Bordeaux

Y Bostick Y Breedlove Y Brooks, D

1852

JOURNAL OF THE HOUSE,

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 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 Y Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H

Y Dixon, S Y Dobbs Y Ehrhart YEpps E Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee E 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 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
Ladd Y Lakly
Lane, D
Y Lane, R Y Lawrence
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 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
Ray 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
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 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 E 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.

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

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.

The following Senate 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.
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.

MONDAY, MARCH 7, 1994

1853

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

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the

1854

JOURNAL OF THE HOUSE,

Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however,
before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State -
owned building other than the State Capitol, the committee shall measure the need for
said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related
activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling,
publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, 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 Audite...................................................$
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....................................................................!

5,175,558 4,336,196
1.485.605 5,821,801
5,175,558

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
Personal Services.............................................................................?
Operating Expenses........................................................................? Total Funds Budgeted....................................................................?
State Funds Budgeted...................................................................-!

5.950,473 5,296,896
703,577 6,000,473
5,950,473

MONDAY, MARCH 7, 1994
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....................................................................?
PART III.
EXECUTIVE BRANCH
Section 12. Department of Administrative Services.

1855
48,669,886 47,567,015
1,911,833 162,826 131,069
1,201,222 50,973,965 48,669,886
1,002,190
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
1,106.463 423,895 682,568
1,106,463 1,106,463

1856

JOURNAL OF THE HOUSE,

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....................................................................!

35,442.265 41,266,808 11,667,606
270,459 174,200 1,968,391 11,691,066 2,772,902 3,279,622 4,287,065 11,305,000 46,500
2,750,000
500,000
0 48,553,700
683,000 21,000,000
250,000
35,000 162,501,319 35,442,265

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

!

47,557,644

!

3,689,197

!

61,278,779

!

6,934,674

!

2,107,641

!

1,242,779

!

2,489,226

!

458,534

!

0

!

780,194

! 162,501,319

520,000 2,400,509 8,242,402
480,350 2,731,255
0 0 13,739,458 0 5,850,000 0 0 0 239,563 458,534
0 780.194 35,442,265

B. Budget Unit: Georgia Building Authority. Personal Services........................................... Regular Operating Expenses....................... Travel.............................................................. Motor Vehicle Purchases.............................
Equipment......................................................

0 19,809,211 4,914,086
20,700 302,000 219,725

MONDAY, MARCH 7, 1994

1857

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.......................

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 ................................................................$ Payments to Athens and Tifton
Veterinary Laboratories .............................................................$ Poultry Veterinary Diagnostic Laboratories

34,975,502 30,501,476 4,153,363
896,000 446,460 391,082 359,078 791,341 402,901 957,050 860,000
2,515,782

1858

JOURNAL OF THE HOUSE,

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.........................................

2,083,712 412,000 127,000 175,000
593,084
700,000 0
40,000 0
46,405,329 34,975,502

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

$

3,510,957

$

2,126,401

$

3,250,520

$

7,784,540

$

4,291,914

$

5,143,303

$

722,410

$

2,459,746

$

46,405,329

4,517,347 6,954,343 1,941,563 2,967,518 3,132,457 2,126,401 3,125,520
4,916,193 1,774,111 1,520,303
0 1,999,746 34,975,502

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
and Finance .............................................. Personal Services............................................................... Regular Operating Expenses...........................................

8,477,310 6,844,499
384,985

MONDAY, MARCH 7, 1994

1859

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

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....................................................................!

88,212,881 60,874,034 4,452,980
761,000 252,700 329,095 255,600 1,550,689 736,400 2,674,670 2,027,600 547,600 2,686,400 13,329,313 308,000 100.000 90,886,081 88,212,881

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

21,931,073 8,043,669 7,923,791 4,542,423 4,915,500 15,637,033 2,979,860
901,314 1,104,630 15,132,820
895,497
671,091
6,087,380 120,000
90,886,081

21,131,573 7,701,969 7,585,491 4,373,823 4,690,400 15,637,033 2,979,860
901,314 1,104,630 14,332,820
895,497
671,091
6,087,380 120,000
88,212,881

Section 17. Department of Community Affairs. Budget Unit: Department of

1860

JOURNAL OF THE HOUSE,

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....................................................................!

25,249,654 5,529,841
230,905 157,750 12,000
6,040 169,000 549,166 46,211 415,700
0
2,272,825 3,063,300
94,731
30,000,000 250,000 144,551 100,000 750,000
4,625,000
4,585,000
1,686,239
2,090,000
750,000
180,000 57,708,259 25,249,654

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of Commissioner Government Management Financial Assistance Coordinated Planning Total

$

21,746,588

!

1,502,682

!

32,064,747

$

2,394,242

!

57,708,259

20,472,521 1,502,682 1,043,963 2.230,488 25,249,654

Section 18. 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................................................

623,722,470 437,290,802 62,541,407
2,060,975 3,056,000 4,099,710 5,012,000 5,581,082 5,822,295 6,232,895
0

MONDAY, MARCH 7, 1994

1861

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................................

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
629,680,555 450,000 0
623,722,470

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

67,363,126

$ 457,134,081

$ 105,183,348

$ 629,680,555

!

66,372,026

! 455,303,256

$ 102,047,188

! 623,722,470

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

37,575.692 30,428,032
1,140,630 678,400 364,500 167,500 428,130
2,623,000
838,000
252,500 650,000
5,000 37,575,692 37,575,692

Section 19. 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......................................................!

4,048,909 7,045,746 4,724,530
22,550 0
24,000 11,000 10,000 41,845 547,400

1862

JOURNAL OF THE HOUSE,

Capital Outlay............... Total Funds Budgeted.. State Funds Budgeted..

0 12,427,071
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 6,486,522 12,427,071

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............................................................................................?
Non-QBE Grants: Education of Children of LowIncome Families...........................................................................? Retirement (H.B. 272 and H.B. 1321).........................................? Instructional Services for the

3,310,617.529
38,338,223 3,958,764 1,063,842
138,000 366,586 13,999,305 1,495,141 1,242,587 16,916,139 764,752 305,000
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 90,359,653 611,873,186 128,018,191 (635,320,498) 2,544,342
0
148,246,937 3,609,604 20,820,414 57,106,336 61,481,182
416,000
198,714,081 4,950,000

MONDAY, MARCH 7, 1994
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 & 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)................................ 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............................ Environmental Science Grants........................... Pay for Performance............................................ Total Funds Budgeted......................................... Indirect DOAS Services Funding...................... State Funds Budgeted.........................................
Education Functional Budgets
Total Funds

1863
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 8,200,000
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
200,000 0
3,846,284,917 340,000
3,310,617,529
State Funds

1864

JOURNAL OF THE HOUSE,

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

4,545,979 22,737,569
1,194,075 26,729,319 6,430,750
837,039 3,768,096,578
4,700,018 6,316,309
4,697,281 3,846,284,917

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.......................................

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...........................................

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............................................... Ware County Grant for Southern
Forest World....................................................... Ware County Grant for
Road Maintenance ............................................. Capital Outlay........................................................

3,930,096 18,283,984 1,105,305 22,360,677 3,114,536
837,039 3,246,044,748
4,486,530 6,128,184
4,326,430 3,310,617,529
97,200,000 80,000,000 6,300,000
500,000 900,000 8,500,000 1,000,000
0 97,200,000 97,200,000
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
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
30,000
60,000 258,219

MONDAY, MARCH 7, 1994

1865

Total Funds Budgeted......................................,..............................$ State Funds Budgeted.....................................................................I

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 .......................... ...............................$ 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 .......................... ...............................$

40,223,066 29,929,071 2,553,404
505,589 1,019,500
783,669 1,529,394 1,883,202
767,110 743,127 509,000
0 40,223,066 40,223,066

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

$

3,355,181

$

9,633,807

$

11,972,049

$

6,782,757

$

8,479,272

$

40,223,066

$

3,355,181

$

9,633,807

$

11,972,049

$

6,782,757

$

8,479,272

$

40,223,066

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 ............................ ...............................$ Art Grants of State Funds............ .................. ...............................$ Art Grants of Non-State Funds... .................. ...............................$ Humanities Grant - State Funds................... ...............................$ Art Acquisitions - State Funds ...................... ...............................$

26,694,353 14,139,957
905,428 296,444
0 130,596 628,555 1,052,178 357,511 35,991,243 3,184,094 40,000 3,600,000 165,000 3,007,357 359,004 60,000
0

1866

JOURNAL OF THE HOUSE,

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

290,975 1,112,317
100,000 684,400 1,044,200
0 60,000 67,209,259 26,694,353

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
6,086,232 4,129,292 2,468,777 33,794,630
351,360
545,189
1,508,372
1,735,967 301,197
3,679,160
4,486,190
222,592 67,209,259

$

6,989,094

$

773,198

$

6,086,232

$

3,347,292

$

2,468,777

$

269,751

$

83,934

$

545,189

$

391,432

$

508,467

$

301,197

3,679,160

1,028,038

222,592 26,694,353

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................................. Computer Charges...................................................... Telecommunications .................................................. Special Purpose Contracts ........................................ Service Benefits for Children ...................................

646,219,092
56,786,321 1,901,500 1,286,117 1,326,625
123,349 4,955,294
757,627 1,334,901
635,431 244,000 30,809,504

MONDAY, MARCH 7, 1994

1867

Purchase of Service Contracts ................ Institutional Repairs and Maintenance. Postage ........................................................ Payments to DMA-Community Care...... Total Funds Budgeted.............................. Indirect DOAS Services Funding ........... State Funds Budgeted..............................

34,526,045 67,500 961,436
13,737,347 149,452,997
412,600 93,451,770

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 51,555,444
1,627.335 149,452,997

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 24,833,371
1,547,335 93,451,770

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

51,577,089 74,972,194
984,919 0
150,672 I,189,239 5,167,803
984,772 755,461 8,131,654 308,000 3,280,000
960,000 653,222 672,400 672,246 II,627,476 91,562,810 34,500 139,801

1868

JOURNAL OF THE HOUSE,

Grants for Regional Maternal and Infant Care...........................
Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

Public Health Functional Budgets

Total Funds

District Health Administration
Newborn Follow-Up Care Dental Health Stroke and Heart
Attack Prevention Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Sexually Transmitted
Diseases Family Planning Malnutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis
Control Maternal and Child
Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Employees' Health Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management Aids Vaccines Drug and Clinic Supplies Adolescent Health Public Health -
Planning Councils Early Intervention Public Health -
Division Indirect Cost Total

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 1,754,565
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 1,420,559 5,268,732 3,957,532
510,152 7,720,355 11,462,507 3,220,025 2,987,478
168,677 12,085,544
0 254,590,713

766,455 254,590,713
549,718 134,752,201
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 1,629,897
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 1,493,379 330,703 4,044,462 508,816 2,485,942 1,933,378
151,525 9,933,002
(1,535.718) 134,752,201

MONDAY, MARCH 7, 1994

1869

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..............................

66,669,489 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 9,075,409 148,554 912,445 734,188 131,165,884 100,000 21,987,855

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

$

42,855,575

$

573,642

$

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

$

131,165,884

8,843,354 573,642 837,565
3,153,263
1,472,781
0
1,252,799 701,682 0
804,075
4,348,694 21,987,855

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.................................. Telecommunications.............................. Children's Trust Fund........................... Cash Benefits.......................................... Special Purpose Contracts.................... Service Benefits for Children............... Purchase of Service Contracts ............. Postage.....................................................

41,218,446 3,724,474
723,173 0
348,301 2,618,805 18,296,733 23,398,034 3,990,060 1,095,001 475,072,728 4,372,441 175,368,346 16,934,020 3,437,860

1870

JOURNAL OF THE HOUSE,

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

$

12,102,913

$

1,094,091

$

1,937,040

$

27,489,809

$

49,073,041

$ 460,160,668

$

100

$

2,799,421

$

12,966,539

$ 101,653,359

$

82,650,937

$

3,053,351

$

7,545,258

$

57,508,868

$

12,039,879

$

26,196,997

$

2,884,700

$

32,999,018

$

8,399,105

$

2,198,812

$

9,538,644

$

10,345,743

$

90,303,653

$

152,058

$

1,745,548

$

1,267,311

$

0

$ 1,031,996,723

Budget Unit Object Classes: Personal Services........................ Regular Operating Expenses .... Travel........................................... Motor Vehicle Purchases .......... Equipment................................... Real Estate Rentals................... Per Diem, Fees and Contracts. Computer Charges......................

261,398,301 1,031,996,723
2,565,582 396,027,266

State Funds

$

378,902

$

3,763,924

$

4,504,254

$

3,678,311

$

1,350,544

$

1,094,091

$

1,755,583

$

12,319,461

$

2,436,515

$ 173,526,588

$

100

$

0

$

0

$

50,678,565

$

30,508,281

$

0

$

2,114,331

$

26,835,114

$

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

$

1,720,766

$

1,267,311

$ (7,361,343)

$ 396,027,266

216,251,345 92,076,295 3,823,227 1,390,325 1,149,547 12,711,256 31,758,624 28,031,072

MONDAY, MARCH 7, 1994

1871

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. CaseServices....................................................................$ 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...................................................................$

6,903,640 8,131,654
308,000 3,280,000
960,000 653,222 24,687,235
27,675 672,400 1,095,001 475,072,728 5,981,074 206,177,850 72,162,950 91,562,810
250,554 912,445 5,273,285 13,737,347
766,455
261,398,301

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....................................................................$

454,421,322 357,906,757 38,709,341
310,642 536,000 1,869,029 4,714,791 262,805 2,420,742 9,147,738 11,662,611 1,789,045 47,886,720 91,411,300 30,171,912
63,308,827 294,118
662,402,378 2,404,100
454,421,322

Community Mental Health/Mental Retardation and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Brook Run Georgia Mental Health
Institute

46,222,315 32,454,866
34,058,259

!

26,136,518

!

13,574,257

!

28,206,429

1872

JOURNAL OF THE HOUSE,

Georgia Regional Hospital at Augusta
Northwest Regional Hospital at Rome
Georgia Regional Hospital at Atlanta
Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Administration Total

25,471,929
30,122,181
32,707,207 143,967,301
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
63,308,827 439,184
1,515,383
290,264 351,438
4,242,573
15,115,695
95,472 10,912,675 662,402,378

Section 26. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade
and Tourism............................................................3 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.................................................? Marketing.........................................................................................?
Georgia Ports Authority Lease

21,525,985
21,122,689
25,269,771 86,597,397
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
59,269,635 439,184
1,319,883
290,264 351,438
4,242,573
15,115,695
95,472 6,609,370 454,421,322
19,094,207 8,155,880 1,494,818
335,000 32,000 60,883 152,440 947,130 227,000 690,178 154,100 6,479,578

MONDAY, MARCH 7, 1994

1873

Rentals ..........................................................................................$ Foreign Currency Reserve..............................................................$ Waterway Development in Georgia..............................................$ Lanier Regional Watershed Commission.....................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

1,450,000 50,000 50,000 0 0
20,279,007 19,094,207

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

$

4,587,451

$

20,279,007

$

9,707,479

$

4,058,072

$

951,205

$

4,377,451

$

19,094,207

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...............................................................! 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..........................................................!

7,170,026 66,655,245 5,609,533
1,102,315 0
903,198 8,302,843 2,187,517 1,166,682
69,792,752 3,020,853
0 1,774,079

1874

JOURNAL OF THE HOUSE,

Capital Outlay............... Total Funds Budgeted.. State Funds Budgeted..

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....................................................................!

1,156,210,298 13,372,230 4,007,985 188,400 0 74,644 19,138,965 885,000 425,000 66,926,024
3,165,228,228 772,500
44,325,329 3,315,344,305 1,156,210,298

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties
and Disallowances Community Services Systems Management Professional Services Program Compliance Maternal and Child Health

65,129,010
3,209,553,557 958,808
20,821,786 4,385,009 3,744,097 2,009,349

$

4,346,969

1,137,503,068 355,524
5,310,279 2,042,589 1,448,548
919,567

MONDAY, MARCH 7, 1994

1875

Financial and Hospital Reimbursement
Nursing Home Reimbursement Nursing Home and Hospital
Policy Total

1,547,749 632,273
6,562.667 3,315,344,305

752,016 316,136
3,215.602 1,156,210,298

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. A. Budget Unit: Department of Natural
Resources..................................................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$

79,681,610
65,885,253 13,006,165
477,000 2,016,107 2,219,450 2,389,732

1876

JOURNAL OF THE HOUSE,

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
Mountain Authority....................................................................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

3,464,791 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
120,145,421
887,210
3,804,148
3,362,900
1,415,630 200,000
79,681,610

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and

6,853,412

6,853,412

MONDAY, MARCH 7, 1994

1877

Historic Sites Coastal Resources Game and Fish Environmental Protection Pollution Prevention Program Total

39,092,417 2,360,974 31,267,622 38,595,216 1,975,780 120,145,421

13,739,588 2,244,724 26,909,749 29,000,210
933,927 79,681,610

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

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.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications......................................................,................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................!

90,123,313
54,345,323 7,395,438
132,617 3,700,000
563,325 4,047,061
10,356 593,000
387,400
150,000 25,000 71,349,520 1,650,000 69,699,520
16,101,557 1,840,988
25,800 73,500 100,000 45,000 61,058 619,000 189,140
0

1878

JOURNAL OF THE HOUSE,

Conviction Reports....................... State Patrol Posts Repairs
and Maintenance....................... Driver License Processing............ Total Funds Budgeted.................. Indirect DOAS Service Funding. State Funds Budgeted..................

290,000
30,000 1,047,750 20,423,793
0 20,423,793

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

19,789,885

$

20,423,793

51,559,635

91,773,313

18,289,885 20,423,793 51,409,635 90,123,313

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....................................................................!

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

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....................................................................!

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

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

3,344,918
5,444,100 1,035,163 1,145,078
459,784

!

294,918

!

5,444,100

!

970,163

!

1,045,078

!

459,784

MONDAY, MARCH 7, 1994

1879

Georgia Public Safety Training Facility
Total

$

6,534,381

$

17,963,424

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.................................................... Total Funds Budgeted....................................... Departmental Income........................................ Sponsored Income.............................................. Other Funds........................................................ Indirect DOAS Services Funding .................... State Funds Budgeted......................................

949,428,494
1,021,538,824 140,000,000
255,384,706 150,000,000 10,688,094
308,856 338,725 319,747 4,250,000
0 1,582,828,952
40,000,000 290,000,000 300,373,158
3,027,300 949,428,494

B. Budget Unit: Regents Central Office and

1880

JOURNAL OF THE HOUSE,

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....................................................................!

150,746,849
241,246,182 68,262,264
124,696,484 38,852,768
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
8,008,090 513,060,051
0 106,039,476 255,718,026
555,700 150,746,849

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 Education Extension
Services Agricultural
Experiment Station Cooperative Extension
Service Medical College of Georgia
Hospital and Clinics Veterinary Medicine

$

1,772,979

$

3,746,131

$

1,289,731

$ 126,865,582

$

8,406,046

$

51,647,446

$

44,076,352

$ 224,572,601

$

1,236,191

$

1,415,242

$

889,008

$

12,512,506

$

2,379,846

$

33,348,793

$

26,517,995

$

29,593,977

MONDAY, MARCH 7, 1994

1881

Experiment Station Veterinary Medicine
Teaching Hospital Joint Board of
Family Practice Georgia Radiation
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Total

2,516,193
2,758,376
22,082,249
2,719,756
2,857,032 17,749,577 513,060,051

2,516,193
607,087
22,082,249
0
0 17,647,762 150,746,849

C. Budget Unit: Georgia Public Telecommunications Commission...........................................
Personal Services.......................................................... Operating Expenses..................................................... Total Funds Budgeted................................................. Other Funds.................................................................. State Funds Budgeted.................................................

0 7,027,593 9,478,750 16,506,343 16,506,343
0

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 .............................................

41,982,367
15,000,000 10,107,367 14,875,000 2,000,000
0 41,982,367 41,982,367

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
andFICA................................................................... Grants to Counties/Appraisal Staff........................... Motor Vehicle Tags and Decals................................. Postage........................................................................... Total Funds Budgeted................................................. Indirect DOAS Services Funding.............................. State Funds Budgeted.................................................

85,310,120 54,214,828 4,596,395 1,380,174
246,000 800,122 14,637,576 2,832,804 1,114,537 558,524
3,369,000 0
2,745,955 3,496,176 89,992,091 3,755,000 85,310,120

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit

6,622,293 11,348,127
8,886,891 17,671,952 7,312,806

6,622,293 11,148,127 8,071,691 17,371,952 6,612,806

1882

JOURNAL OF THE HOUSE,

Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Total

$

18,559,391

?

7,034,530

$

4,286,212

$

4,005,872

$

46,000

$

4,218,017

$

89,992,091

?

17,259,391

?

7,034,530

$

3,249,241

$

3,676,072

$

46,000

$

4,218,017

$

85,310,120

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

26,183,474 16,060,488 3,662,577
230,350 111,000 243,162 2,030,588 2,484,990 368,304 1,337,015 700,000 27,228,474 26,183,474

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

?

3,342,680

?

4,427,394

$

4,751,435

?

3,561,836

?

1,036,656

?

449,254

?

9,659,219

?

27,228,474

?

3,312,680

?

4,352,394

?

4,035,435

?

3,541,836

?

982,656

?

449,254

?

9,509,219

?

26,183,474

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

1,990,000 1,126,200
155,100 16,000 23,000 8,000 400,000 113,700 30,000 118,000 1,990,000 1,990,000

Real Estate Commission Functional Budget

Real Estate Commission

State Funds

?

1,990,000

Cost of

Operations

?

2,030,000

Section 39. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation
Commission..............................................................?

1,583,008

MONDAY, MARCH 7, 1994

1883

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.......................................

995,900 233,414 40,520 24,000
12,115 7,500 78,865 22,000 731,350
0 2,145,664 1,583,008

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

3

5,342,017

3

0

i|

29,211,706

3

524,687

S

35,078,410

$

0

0

26,738,964

524,687 27,263,651

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.......................

88.288.601 48,994,747 22,734,150 4,656,704 11,563,000
240,000 100,000 88,288,601 88,288,601

1884

JOURNAL OF THE HOUSE,

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....................................................................!

138,337,642 3,623,425 371,335 110,500 0 15,000 406,730 334,490 158,000 704,000 95,593,801 19,839,284 0 6,441,910 24,067,445 2,668,900 14,669,900
169,004,720 138,337,642

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

i

5,723,480

i

163,281,240

i

169,004,720

!

3,915,685

! 134,421,957

! 138,337,642

B. Budget Unit: Lottery for Education.... Computer Laboratories and Satellite Dishes - Adult Literacy ..................... Capital Outlay - Technical Institute Satellite Facilities............................... Equipment-Technical Institutes.......... Total Funds Budgeted........................... Lottery Funds Budgeted.......................

12,202,330
1,000,000
9,202,330 2,000,000 12,202,330 12,202,330

Section 43. Department of Transportation. Budget Unit: Department of Transportation.........

450,894,978

MONDAY, MARCH 7, 1994

1885

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....................................................................!

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

23,084,407 4,640,467
115,123 74,200
0 183,700 11,753 238,641 57,883 23,500
17,179,635
6,730,171

1886

JOURNAL OF THE HOUSE,

Regular Operating Expenses for Projects and Insurance-
Total Funds Budgeted............. State Funds Budgeted.............

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....................................................................!

9,945,417 7,171,638
310,600 56,400
0 20,250 450,000 1,013,996 109,190 255,000 748,343 10,135,417 9,945,417

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
36,622,170 0
36,622,170

Section 47. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.

Section 48. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.

MONDAY, MARCH 7, 1994

1887

Section 49. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.

Section 50. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.

Section 51. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.

Section 52. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 53. Provisions Relative to Section 12, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.
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 determine 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, 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", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Port Wentworth Mitchell County

Repairs to Firehouse
Contract for Economic

$

25,000

1888
Cobb County Board of Education
City of Glenville Brantley County Bacon County City of Swainsboro City of Quitman City of Thomaston Floyd County
City of Lagrange Liberty County City of Auburn City of Macon Wayne County City of Odum City of Buford Americus City Board
of Education City of Stone
Mountain City of Guyton Turner County Muscogee County
Muscogee County
Muscogee County
Rabun County Rabun County White County Cobb County

JOURNAL OF THE HOUSE,
Growth Study Construction of Physical Education Facility Expansion of Continuing
Education Facility Courthouse
Renovations Courthouse Renovations Historic District Renovations Historical Library Facility Renovation Preservation of Robert E. Lee Institute Modifications to Sarah Hightower Regional Library Renovation of Alpha Multi-Purpose Center Historic Trail Preservation Construction of Recreational Facility Program for Youth Athletics Purchase of Rescue Unit Water and Sewer System Improvements Construction of Utility Line Planning for School Merger Commission on Holocaust Purchase of Vehicle Construction of Recreational Facility Operation of Two Thousand Opportunities Inc. Operation of Lindsey Creek Community Center Operation of Combined Communities of Southeast Columbus Construction of Public Safety Facility Renovation of Headstart
Facility Robertstown Water System
Construction Preservation of Historical
William Root House

7,000 50,000 25,000 22,000 25,000 25,000 25,000 25,000
15,000 40,000 15,000 15,000 10,000 10,000 15,000 50,000 25,000 10,000 13,300 10,000
50,000
3,000
25,000 50,000 15,000 25,000 25,000

Lanier County Board of Education
City of Augusta
Wayne County City of Canon City of Menlo Georgia Building
Authority Chatham County City of Atlanta
Houston County
Bibb County City of Clarkston City of Stapleton Columbia County City of Rome Columbia County Board
of Education City of Pearson Harris County Talbot County Liberty County City of Darien City of Marshallville Burke County Screven County Screven County City of Macon
Glynn County

MONDAY, MARCH 7, 1994
Renovation of Education Facility
Renovation of Historic Ezekiel Harris Home
Motherhood and Beyond Project
Water System Repairs Water System
Improvements
Capitol Preservation Planning for the Maritime
Trade Center Public Access and Teacher
Education Program at Clark Atlanta University Expansion and Operation of Aviation Museum and Hall of Fame Purchase of Land Community Development Center Operations Volunteer Fire Department Facility Volunteer Fire Department Operations Camp Good Times Operation Renovations to Evans Middle School Renovations to City Hall Purchase of Sanitation Truck Preservation of Historic Records National Guard Operation Purchase of Sanitation Truck Preservation of Historic District Operation of Boggs Rural Life Center Repairs to Livestock Facility Repairs to Fire Station Operation of Booker T. Washington Community Center Youth Programs Parent and Child Development Inc. Operations

1889
40,000
50,000 15,000
20,000 20,000
50,000 550,000
250,000
913,000
200,000
30,000 10,000 10,000 15,000 10,000 40,000 40,000 10,000 10,000 40,000 5,000 50,000 5,000 10,000
10,000
10,000

1890

JOURNAL OF THE HOUSE,

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 chaplains 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 funding 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 during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 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 system and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited high schools.
It is the intent of this General Assembly that the Department of Education accumulate empirically-based data to support educational research and program evaluation.
It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.
Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period.

MONDAY, MARCH 7, 1994

1891

Provided, that the Governor's Scholarship Program shall include the following graduates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian.
It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sections 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be transmitted 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, first and second grade programs in schools which had pilot kindergarten programs in Fiscal Year 1993.
Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and computer software only.

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 compilation, 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 standards 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.

1892

JOURNAL OF THE HOUSE,

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 physically or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to
providers for children placed by the department. Child day care as provided by the federal Child Care Bill. Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized 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 implementing a program of additional vaccine purchase to increase immunization rates, provided the level of such new funds is adequate to implement this action statewide, by making such vaccines available without charge to physicians licensed under Title 43, Chapter 34, and who agree not to impose a charge for such vaccine on the child recipient, the child's parent, or any other person or party. The Department also is authorized to expend a portion of any such new federal funds for the administration and implementation of this program.
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 acquisition 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.
Provided, that of the above appropriation for psychotropic drugs, these funds may be transferred among the MH/MR/SA institution and community programs as needed for the benefit of clients who receive these drugs. Such transfers shall not require prior budgetary approval.
It is the intent of the General Assembly that no funds in the Family Planning Public Health functional budget of the Department of Human Resources be used for payment of

MONDAY, MARCH 7, 1994

1893

dues to any national organization by any provider contracting with the department. It is further the intent of the General Assembly that no such funds be used for the provision of or promotion of abortion services as a method of family planning. It is further the intent of the General Assembly that no such funds be used for the payment of any salary, compensation, or expenses of any agent or employee of a contracting provider if the agent or employee engages in any lobbying activities.
Section 61. Provisions Relative to Section 29, Law Department. Provided, the department is authorized to use other funds for the use of upgrading computer systems.
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 appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists.
Section 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 SPY 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 appropriated 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.
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.

1894

JOURNAL OF THE HOUSE,

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, however 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 educational and agricultural purposes to activities that comprise Budget Unit "B" - Regents Central Office and Other Organized Activities.
Provided, that it is the further intent of the General Assembly that no funds appropriated to the Board of Regents, University System of Georgia, under any budget unit be used for producing, printing or airing of pornography.
Section 67. Provisions Relative to Section 38, Secretary of State. Provided, that of the funds appropriated for State Examining Boards, $75,000 is authorized for board member participation at conferences related to professional regulation.
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 committed 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 Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 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 separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing/selling department-owned aircraft facilities may be retained for use in the department's aviation program.

MONDAY, MARCH 7, 1994

1895

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 Assistance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.
It is the intent of the General Assembly that the Department of Transportation design Highway 441 in Rabun County without limited access and without a divided median.
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 providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 71. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 72. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and costeffective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 73. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and

1896

JOURNAL OF THE HOUSE,

Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 74. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 75. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 76. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 77. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 78. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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 appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his

MONDAY, MARCH 7, 1994

1897

audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group, (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

Section 79. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 80. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 81. 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 purposes listed thereby.

A.) Maturities not to exceed two hundred forty months.

Principal Amount

Debt Service

Design, Site Work and Construction of Parking Deck
Renovation of the Kitchen at Central State Hospital
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

27,440,000 3,730,000
960,000
1,325,000 3,125,000
500,000

2,551,920 346,890 89,280
123,225 290,625
46,500

1898

JOURNAL OF THE HOUSE,

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 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

4,065,000
4,355,000
620,000 5,200,000 4,065,000
3,025,000 7,640,000
4,740,000
1,500,000
250,000 400,000 500,000
2,500,000 128,000,000
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

378,045
405,015
57,660 483,600 378,045
281,325 710,520
440,820
139,500
23,250 37,200 46,500
232,500 11,904,000
5,673,000 627,750
1,860,000 192,045 88,815 558,000
1,185,750 372,000 344,100

MONDAY, MARCH 7, 1994

Institutes Construction of Correctional
Institution in Muscogee County Sports Hall of Fame Project Acquisition of Rhine to Rochelle and Rochelle to Cordele Rail Corridors Construction of Regional Youth Detention Center in Savannah Construction of Regional Youth Detention Center in Cobb County
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

2,298,000 7,500,000 6,500,000 1,150,000 2,233,000
474,000
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

1899 213,714 697,500 604,500 106,950 207,669
44,082
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

1900

JOURNAL OF THE HOUSE,

Retro-Fit Major HVAC Systems Purchase Computer Hardware and
Software for Development of a
Motor Voter Registration System

900,000 4,630,000

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 General Assembly, as amended, as authorized in said act, Code Section 45-7-4. Members of
the General Assembly are excluded. 3.) To provide 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 effective September 1, 1994 and provide a 4% increase for school
bus drivers and lunchroom workers effective July 1, 1994. 4.) To provide 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 academic 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, Special Agent-in-Charge, Inspector, Assistant Deputy Director,
Trooper Cadet, Trooper, Trooper First Class, Corporal, Sergeant, Lieutenant, Captain, Sergeant First Class (Post Commander), Sergeant (Assistant Post Commander), Conserva-
tion 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 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. 9.) To provide for a 4% salary
increase for personnel appointed pursuant to Chapter 18 of Title 15 of the Official Code of Georgia relating to district attorneys.

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 85. 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 1375.
The motion prevailed.

The following Resolution of the Senate was read:

SR 600. By Senators Robinson of the 16th, Ray of the 19th and Scott of the 36th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at time set by each Body on Wednesday, March 9, 1994, and shall reconvene on Monday, March 14, 1994.

MONDAY, MARCH 7, 1994

1901

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on Monday, March 14, 1994, may be as ordered by the Senate; and the hour for convening the House on Monday, March 14, may be as ordered by the House.
BE IT FURTHER RESOLVED that the General Assembly of Georgia shall adjourn at a time set by each Body on Monday, March 14, 1994, and shall reconvene on Wednesday, March 16, 1994.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on Wednesday, March 16, 1994, may be as ordered by the Senate; and the hour for convening the House on Wednesday, March 16, 1994, may be as ordered by the House.
BE IT FURTHER RESOLVED that the General Assembly shall adjourn sine die on Wednesday, March 16, 1994.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot 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 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 E Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee E 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
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 N Lakly Y Lane, D
Y Lane, R Y Lawrence
Lawson YLee Y Lewis
YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Y Milam
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
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 adoption of the Resolution, the ayes were 159, nays 1. The Resolution was adopted.

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
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 E Yeargin
Murphy, Spkr

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

1902

JOURNAL OF THE HOUSE,

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 Annotated, 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 provide an effective date.

The following Committee substitute was read:

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; to provide for the free replacement of a driver's license due to a change of the licensee's name or address; to provide for limitations; 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 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, is amended by striking subsection (a) of Code Section 40-5-25, relating to license applications and fees, and inserting in its place a new subsection (a) of Code Section 40-5-25 to read as follows:
"(a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Department of Public Safety, not to exceed:
(1) For instruction permits for Classes A, B, C, and M drivers' licenses.........! 10.00
(2) For Classes C and M drivers' licenses.............................................................. 15.00
(3) For Classes A and B drivers' licenses............................................................... 15.00
(4) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit.................. 35.00
(5) For Class P commercial drivers' instruction permits for Classes A, B, C, and M commercial drivers' licenses........................................................ 10.00
(6) For Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test.............................................................................. 65.00
(7) For Classes A, B, C, and M commercial drivers' licenses, initial issuance not requiring a road test....................................................................... 15.00
(8) For renewal of Classes A, B, C, and M commercial drivers' licenses.......... 15.00
(9) Initial issuance of Classes A, B, C, and M commercial drivers' licenses and Class P commercial drivers' instruction permits shall include all endorsement fees within the license fee. Each endorsement added after initial licensing................................................................. 5.00
Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit. Notwithstanding any other provision of this Code section, the there shall be no fee whatsoever for replacement of any driver's license solely due to a change of the licensee's name or address shaH be $10.00, provided that such replacement

MONDAY, MARCH 7, 1994

1903

license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within any four-year period for which the license was originally issued."
Section 2. Said article is further amended by striking Code Section 40-5-33, relating to notices of change of name or address, and inserting in its place a new Code Section 40-5-33 to read as follows:
"40-5-33. Whenever any person, after applying for or receiving a driver's license, shall move from the address named in such application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, such person may apply to the department for a license showing the correct name or address within 30 60 days."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Smith of the 102nd, et al. move to amend the Committee substitute to SB 416 by striking "time" on line 4 of page 1 and inserting in its place "amount of certain license fees; to change the time".
By striking "15.00" and inserting in its place "16.00 4.50" on line 28 of page 1.

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
Benefield N Birdsong
Bordeaux N Bostick
Breedlove
Brooks, D N Brooks, T Y Brown N Buck N Buckner Y Bunn Y Burkhalter N Byrd
Campbell
Canty
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 N Crawford
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 E Evans Y Felton N Floyd, J.M
Floyd, J.W N Godbee E 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

Y Howard N Hudson N Hughes N Hugley
N Irvin N James N Jamieson
Jenkins Y Johnson, D.H
Johnson, E Y Johnson, G
Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein
Ladd Y Lakly N Lane, D
N Lane, R Lawrence
Y Lawson
NLee Y Lewis
NLord N Lucas Y Maddox YMann
Martin N McBee N 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 E 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
Ray Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill
N Shipp N Sirnpson N Sinkfield N Skipper

Smith, C N Smith, L N Smith, P N Smith, T
Y Smith, V Smith, W
N Smyre N Snow N Stancil, F Y 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
N Turnquest N Twiggs Y Vaughan N Walker Y Wall N Watson
Watts Y Westmoreland N White Y Williams, B
Williams, R Y Yates E Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 36, nays 111. The amendment was lost.

The Committee substitute was adopted.

1904

JOURNAL OF THE HOUSE,

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y' Birdsong
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 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 E Evans Y Felton Y Floyd, J.M
Floyd, J.W Y Godbee E Golden
Goodwin Y Greene Y Groover
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
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
Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee
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 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
Ray 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 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 Y White Y Williams, B
Y Williams, R Y Yates E 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.

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

The following Committee substitute was read:

A BILL
To amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages, so as to authorize and regulate the sale of alcoholic beverages for consumption on the premises on Sunday in certain municipalities during certain hours; to provide for practices, procedures, and requirements related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 7, 1994

. 1905

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages, is amended in Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, by adding at the end thereof a new subsection (m) to read as follows:
"(m) In all municipalities or in any portion of any municipality in which the sale of alcoholic beverages is lawful, the governing authority of the municipality may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays by the adoption of an ordinance or resolution. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises."
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 amendments were read and adopted:

Representatives Reichert of the 126th, Groover of the 125th and Lucas of the 124th move to amend the Committee substitute to SB 314 as follows:
(n) A municipality in which the sale of alcoholic beverages on Sunday is authorized by any other provision of law may by the adoption of an ordinance authorize the sale of alcoholic beverages in public stadiums, coliseums and auditoriums owned or controlled by it or by a public authority and having seating capacity in excess of 2,500 people on Sunday between the hours of 12:30 P.M. and midnight.

Representative Carlisle of the 107th moves to amend the Committee substitute to SB 314 as follows:
On page 1 line 27 add the following:
"Said authorization may be revoked by such governmental authority in the same manner."

The Committee substitute, as amended, was adopted.

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

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

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

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

Y Dixon, S
N Dobbs N Ehrhart Y Epps E Evans Y Felton Y Floyd. J.M Y Floyd, J.W Y Godbee E Golden
Goodwin Greene
Y Groover
Y Hammond
Hanner Y Harris, B

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

1906

JOURNAL OF THE HOUSE,

Y Johnson, D.H Y Johnson, E Y Johnson, G N Johnson, J N Johnston Y Jones N Joyce N Kaye N Kinnamon Y Klein
Ladd N Lakly N Lane, D
Y Lane, R Lawrence
Y Lawson
N Lee N Lewis Y Lord
Y Lucas

N Maddox N Mann Y Martin Y McBee Y McClinton
McKinney Milam N Mills
Y Mobley, B N Mobley, J Y Moore
N Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten

N Pelote Y Perry Y Pinholster N Poag Y Polak Y Porter
Y Poston Powell
Y Purcell, A N Purcell, B
Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins N Shanahan Y Sherrill

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

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

On the passage of the Bill, by substitute, as amended, the ayes were 107, nays 43.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Trense of the 44th and Campbell of the 42nd stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

SB 645. By Senators Robinson of the 16th, Ray of the 19th, Edge of the 28th and Oliver of the 42nd:
A bill to repeal certain obsolete and superseded laws and provisions of the Official Code of Georgia Annotated, based upon classification by population; to provide for legislative intent; to repeal codified and uncodified laws; to amend Code provisions to strike cross-references to repealed laws.

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

E Evans
Y Felton Y Floyd, J.M
Floyd, J.W Y Godbee E 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
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
Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
Lee Y Lewis YLord
Y Lucas Y Maddox Y Mann Y Martin Y McBee

Y McClinton McKinney 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 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

MONDAY, MARCH 7, 1994

1907

Randall Y Randolph
YRay 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

Smyre Y Snow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor Y Teague

Teper Thomas Y Tillman Y Titus Y Towery Trense Y Turnquest Y Twiggs Y Vaughan Y Walker

Y Wall
Y Watson Watts
Y Westmoreland Y White
Y Williams, B Y Williams, R Y Yates E 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.

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 "aye" thereon.

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.

The report of the Committee, which was favorable to the 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 Y Bunn Y Burkhalter
YByrd Y Campbell
Canty Carlisle Y Carrell Y Carter Y Cauthorn Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Y Connell
Cox 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 E Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee E 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
Johnson, D.H Y Johnson, E Y Johnson, G
Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein
Ladd Y Lakly Y Lane, D Y Lane, R
Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox 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
Orrock Y Padgett E Parham
Y Parrish Patten
Y Pelote Y Perry
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
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 N 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 Y Westmoreland N White Y Williams, B Y Williams, R
Y Yates E Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 149, nays 2. The Bill, having received the requisite constitutional majority, was passed.

1908

JOURNAL OF THE HOUSE,

Representative White of the 161st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:

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 definitions 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 Senate substitute was read:

A BILL
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change definitions 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 minimum 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 exceptional growth school systems; 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 limit the expenditure of appropriations for certain courses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking 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 following meanings:
(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.

MONDAY, MARCH 7, 1994

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(4) 'Construction project' refers to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration.
(6) 'Educational facilities survey' is defined as a systematic study of present educational facilities and a five-year forecast of future needs which shall include, btrt shall
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. (7.1) 'Exceptional growth' refers to the calculated average increase in a school
system's average full-time equivalent student counts when the sum of that school system's full-time equivalent student counts for the most recently completed school years is divided by three to provide the average full-time equivalent student count for the most recent three year period and this calculated average is compared to the calculated average of that school system's average full-time equivalent student counts for the three school years immediately preceding the most recently completed school 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 who are not housed in school facilities which are structurally sound with adequate space as defined by the state board.
(15) 'Weighted full-time equivalent student count' is defined as the average 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 standards2 pursuant to Chapter 13 of Title 50. the 'Georgia Administrative Procedure Act,' that

1910

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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; 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 instructional 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 recommendations 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 establish appeal procedures for rejected surveys;
(3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be
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 modernization, renovation, and energy retrofitting; proposed construction projects for the
purpose of consolidating small, inefficient educational facilities; tf aty which are less than the minimum size specified in subsection (q) of this Code section; and other construction 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 student; 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;

MONDAY, MARCH 7, 1994

1911

(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The statewide 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 equivalent student projection research. In addition, the state board shall develop a consistent, 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 improvement 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 m regulations by the State Board of Education;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), and (h)z (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, exceptional growth construction projects, and consolidation of schools across system lines are car-
ried out;
(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 completed construction projects financed in whole or in part with state funds, except construction 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 educational 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, provided the plan meets all policies, guidelines, and standards that meet the requirements specified in this Code Section.
(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 identified 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

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JOURNAL OF THE HOUSE,

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 systems 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 accordance 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 program 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 Department 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 construction 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 enrollment or exceptional growth or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing 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 facilities 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 purposes; and
(6) To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No

MONDAY, MARCH 7, 1994

1913

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 educational 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 statewide net equalized adjusted school property tax digest per weighted full-time equivalent 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 construction projects related to damage to educational facilities caused by fire or natural disaster.
(g) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (e) of this Code sectionj excluding funds provided for exceptional growth 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 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 state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization, adjusted as specified in this paragraph.
(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 exceptional growth 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 annually 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 authorization set by the state board annually under this subsection based on the ratio of that

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JOURNAL OF THE HOUSE,

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 determining 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 compared 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 additional local funding. Local funds contributed in excess of required local participation may be credited as debt service credit only toward required local participation in subsequent years pursuant to paragraph (1) of subsection (f) of this Code section, provided 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 comply with this limitation.
(5) The final level of entitlements actually authorized by the state board for a fiscal 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 existing 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, 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 subsection, the following conditions to qualify for advanced funding:
(A) The local school systems have specifically requested funding under this subsection 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 second project is required to effectuate consolidation or reorganization of the schools simultaneously and that each construction project meets the following conditions:

MONDAY, MARCH 7, 1994

1915

(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 te a J\."Oj D~O) y~l.fi orftrii!2tt/ion&i pfittern, OP &n op&ftizfitionftl pflttcrn congruous witft this pattern, toad so that each school within the system funded under this subsection shall meet or exceed the ease sizes specified in subsection {b) ef Code Section 20-2-201 the minimum sizes specified in subsection (q) of this Code section or the membership represented k these grade organizations is W0 percent of the local school system's 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.

include the costs ef such studies within the total eest ef facility projects; provided, however, tilft* fill sucii project design studies sre IOP projects mciudecr m tn& locsi scftooi sys

Ci) (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 construction 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 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.
(2) In setting the annual authorization level for exceptional growth funding, the state board shall consider any previously authorized but unfunded amounts under this 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 completed school years prior to the most recently completed school year. For each school system with an increased average count after the above calculation, the

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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 based 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 addition 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 subsequent 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 student 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 _gi_ve_n
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 participation, 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; (B) Any construction project submitted to utilize growth 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 subsection (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 existing 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

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(C) The local participation required under subsection (f) of this Code section and all other procedural requirements of this Code section are met. (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 pursuant to subsection (i) of this Code section; and
growth construction projects pursuant to subsection (j) of this Code section. (k.l) P-fier te a local board of education's submitting eat advanced incentive funding request te the State Department ef Education for State Beard ef Education approval ander subsections {*} and {j) ef this Code section, the local beard ef education shall een-
\t~) i lie DoftPd of cQuestion must schedule &nd noid n ledst two puoiic ne&pin^s and provide a opportunity for fH discussion ef the local beard ef education's consolidation er reorganization plan;
\cj i tie puDlic rieflrmgs snflii i&e ftdvertised tft tne OIIICIQI newspspcr snd
{A) Identification ef each school te be closed ad location ef each new school; \.o,) rroposed size ot eflcn new scnooi ift terms of numuer Or students find configuration; { ) Proposed renovations, modernization, retrofitting, er expansion ef existing schools designed te accommodate consolidation; 4-&)--Total cost, including breakdown for state and local shares, and for school construction projects resulting from consolidation. Local costs shall include identifying proposed sources ef tunds, wnctncr trom Dond referendum proceeds er otncr sources; {6) Plans for ase er disposal ef closed school property;

{&) !Fhe options tft the school size and organization study; and
(k.l) Prior to a local board of education's submitting a funding request to the State Department of Education for State Board of Education approval which involves the closing of any existing school or schools, the local board of education shall conduct the following:
(1) The board of education must schedule and hold a public hearing and provide an opportunity for full discussion of the local board of education's proposal to close such school or schools;
(2) The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the board of education are advertised and shall include, but not be limited to:
(A) Identification of each school to be closed and location of each new school to which the students in the school or schools to be closed will be reassigned;
(B) Proposed size of each new school in terms of number of students and grade configuration;
(C) Proposed expansion of existing schools designed to accommodate students being reassigned from the school or schools to be closed;
(D) Total cost, including breakdown for state and local shares, for school construction projects required to house students being reassigned from the school or schools to be closed. Local costs shall include identifying proposed sources of funds, whether from bond referendum proceeds or other sources; and

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(E) Plans for use or disposal of closed school property. (3) The board of education shall request formal, written comments or suggestions regarding the system's organizational pattern or school sizes and shall allow appropriate discussion during the public hearings; (4) Any registered voter may file with the local board of education a notice of intent to file a petition when the voter wishes to express opposition to a school
tern decision to close any existing school or schools and undertake construction of new classrooms to which the students in the school or school to be closed will be reassigned. 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 petitioners to have rights specified under paragraph (5) of this subsection. The signatures on the petition must be validated against the official list of registered voters by the election superintendent of the political subdivision which levies ad valorem taxes for education purposes for that local board of education;
(5) The local board of education and the petitioners shall meet to resolve differences. The petitioners shall select a delegation of no more than ten members, of whom six shall be parents of students in the affected schools. The chairman 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 shall render a final decision on the petition within 60 days from the initial meeting to discuss differences; and
\o^ Aft opposition report sriflii o& tiled oy tiie QOQFCI of GQUCfttiont to report PCSOIU
A report of the final decision by the local board of education shall be filed by such board of education with the State Board of Education before 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 construction projects undertaken for the purpose of housing students to be reassigned from any school or schools to be closed. (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) and (j) of this Code section;
(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 natural disaster; (C) Facility projects needed to address hazards to health or safety; and (D) Facility projects needed for unhoused students; (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 respective base sizes minimum sizes specified in subsection (q) of this Code section; and (C) Facility projects designed to meet state board requirements or for modernization; (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

MONDAY, MARCH 7, 1994

1919

(7) Facility projects requested pursuant to subsection (i) of this Code section, subject to the same order of subpriorities specified in paragraphs (3) and (5) of this subsection. (m) The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a component of the state-wide comprehensive 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 survey. 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 survival. (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 Appropriations committees of the House of Representatives and the Senate of the General Assembly 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, modifications, 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 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 subsection 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 {j) of this Code section. Any such plan submitted prior to July lj 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 receiving 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 thaw base size as defined in aubacctiona {b) and {} of Code Section 20 2 201 and identified by the local board of education HI the educational facility survey pursuant te subsections {e) and {d)
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, regardless erf 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), and (i)^ and (j) of this Code section. Provided, however, that nothing contained in this subsection shall be construed so as to

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require an existing school to change its current grade configuration. Cfiftt notnin coH18.1ned tR tftis suuseciiofi sftQii we construed so fts to
(r) Notwithstanding any other provisions of this Code section, when the board of education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose of high school consolidation within the school system and a majority of the voters voting in said bond election voted against incurring such debt or a local board is under litigation to prevent a consolidation project under subsection (h) or (i) a4 ^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 following:
"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 portion 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.
(c) As used in this subsection, the term:
\i) DftSe Size tor ft RliQule SCftOOl IS defined &S trlC D8Se 91Z6 8 peCtrlGu 1ft OOdC cCCTM
tieR 20-2 181 for the middle grades program Reserved. \&) l?ise size tor ft ftign Softool is deimed fts ttie oftse size specified itn t^ode oec~
tien 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. \i) vi[Uftiity oftSic iiiducftt'ion orgftnuzst/ionfti portem ts deimed fts ft iv o^ o~o> \J-L&
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 size n4 organizational pattern consistent with the 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 otherwise be required to finance under the provisions of Code Section 20-2-260 for any new

MONDAY, MARCH 7, 1994

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construction or any renovation of existing facilities needed to effectuate such consolidation 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 maximum 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 consolidation; 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 recommendations 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 following:
"(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, since the resulting schools would still be smaller than the base sizes specified pursuant to subsection {> ef 6ede Section 20-2-260 Code Section 20-2-181."
Section 3.1. Said article is further amended by adding at the end of Code Section 20-2-143, relating to sex education and AIDS prevention instruction, the following:
"(e) Any other provision of law to the contrary notwithstanding, appropriated funds shall only be expended for responsible sex education and AIDS prevention courses which do not promote homosexuality as an alternative lifestyle."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Godbee of the 145th moved that the House disagree to the Senate substitute to HB 1314.
The motion prevailed.

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 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 renegotiation and filing.

The following Senate substitute was read:

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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 renegotiation 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 distribution 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 revenue. 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 m 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 population served by the political jurisdiction and served during normal business hours, conventions, trade shows, athletic events and the inherent value to a community of a central business district and the obligation of all residents of the county for the maintenance and prosperity of the central business district;
(2) The service delivery responsibilities of each political subdivision to the resident population of the subdivision;
(3) The existing service delivery responsibility of each political subdivision; (4) The effect of a change in sales tax distribution on the ability of each subdivision to meet its short-term and long-term debt; (5) The point of sale and use which generates the tax to be apportioned; (6) The existence of intergovernmental agreements among and between the political subdivisions; (7) The use by any political subdivision of property taxes and other revenues from some taxpayers to subsidize the cost of services provided to other taxpayers of the levying subdivision; and (8) Prior to the consideration of the above criteria, the city or cities within the special district and the county within the special district shall jointly develop a unified and coordinated plan of service delivery and financing upon which the renegotiated certificate shall be based. 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 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 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 population of the absent municipalities, only that portion of the population of each such

MONDAY, MARCH 7, 1994

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municipality which is located within the special district shall be computed. No certificate 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 commissioner 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 certificate 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 decennial 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 requirements 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 population. Although a renegotiated certificate is required within a time certain of the decennial 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 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 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 in behalf of all eligible political subdivisions within the special district. The eligible political subdivisions shall commence 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 municipality 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 subsection.
(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 municipalities within the special district until the commissioner receives a certificate in behalf of each such governing authority specifying the percentage of the proceeds

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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 directions 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, whichever 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) (A) 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.
(B) Nothing in this paragraph (7) shall apply to any county, or any special district conterminous with a county, in which the proceeds of the tax are as of January 1, 1994, being distributed in accordance with a court order entered on or after January 1, 1991. The first required renegotiation for such a county or special district under this subsection, as well as the first application of the criteria specified in subsection (b) of this Code section, shall take place following the United States decennial census for the year 2000, as provided for in the other paragraphs of this subsection. (8) No qualified municipality within the special district whose population is less than 5 percent of the population in the special district according to the United States decennial census of 1990 shall receive fewer dollars than presently being received under the existing certificate prior to renegotiations required in paragraph (7) of this subsection unless the new agreement is executed by the qualified municipality. This paragraph shall apply only to the negotiations required by paragraph (7) of this subsection and shall not apply to any subsequent renegotiations required by this subsection. (9) Political subdivisions shall be authorized, at their option, to renegotiate distribution certificates on a more frequent basis than is otherwise required under this subsection. (10) 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.

Representative Johnson of the 153rd moved that the House disagree to the Senate substitute to HB 1489.

MONDAY, MARCH 7, 1994

1925

The motion prevailed.

HB 1195.

By Representative Watson of the 139th:
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 certain personal property at flea markets and nonregistered vendors to maintain certain records.

The following Senate substitute was read:

A BILL
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require vendors selling or offering for sale certain 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 penalties; to provide for local ordinances and resolutions; 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 Article 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 personal 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 property or the absence of fees, at which used personal property is offered or displayed 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 admission 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 property for sale or exchange are manufacturers or licensed retail or wholesale merchants.

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JOURNAL OF THE HOUSE,

(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 when vendor's cost exceeds $50.00 per item.
(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:
(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 identification card; (3) An identification and description of the property acquired including, if reasonably 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. Corrections 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 officer 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 two years and shall be kept by the nonregistered vendor or vendor and made available during any period at which such person 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 two 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. 10-1-362. Nothing in this article shall prohibit ordinances or resolutions by counties and municipal corporations which provide regulations that are as stringent or more stringent than the requirements of this article."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, MARCH 7, 1994

1927

Representative Watson of the 139th moved that the House agree to the Senate substitute to HB 1195.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick
Breedlove 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 N Cauthorn
Chambless Y Chandler Y Channell Y Childers
Clark Y Coker Y Coleman, B
Coleman, T

Y Colwell
Y Connell Cox
Y Crawford Y Crews Y Culbreth N Cummings Y Davis, G
Y Davis, M Y Dickinson YDix
Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart YEpps E Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee E 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 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 N Johnson, J Y Johnston
Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein
Ladd Y Lakly Y Lane, D Y Lane, R
Lawrence N Lawson YLee Y Lewis Y Lord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Y Milam N Mills

On the motion, the ayes were 142, nays 6. The motion prevailed.

Y Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller E Olive'
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
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 Y Smyre Y Snow Y Stancil, F
N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor
Teague Y Teper
Thomas Y Tillman
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 E Yeargin
Murphy, Spkr

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 Annotated, relating to participation in or contribution to political campaigns by employees of the Department of Public Safety, so as to provide for an exception; 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 Senate amendment was read:

Amend HB 1333 by striking lines 6 through 8 of page 2 in their entirety and inserting in lieu thereof the following:
"Section 2. This Act shall become effective January 1, 1995.".

Representative Snow of the 2nd moved that the House disagree to the Senate amendment to HB 1333.
The motion prevailed.

1928

JOURNAL OF THE HOUSE,

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

Mr. Speaker:

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

SB 436 Do Pass, by Substitute SB 473 Do Pass SB 537 Do Pass

SB 558 Do Pass, as Amended SB 710 Do Pass

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 Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 982 Do Pass, by Substitute SB 443 Do Pass, by Substitute SB 552 Do Pass, as Amended
Respectfully submitted, /s/ Childers of the 13th
Chairman

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

Mr. Speaker:

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

SB 77 Do Pass, by Substitute SB 441 Do Pass, by Substitute SB 465 Do Pass, by Substitute

SB 493 Do Pass, by Substitute SB 555 Do Pass, by Substitute SB 676 Do Pass, by Substitute

Respectfully submitted, /s/ Thomas of the 100th
Chairman

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

TUESDAY, MARCH 8, 1994

1929

Representative Hall, Atlanta, Georgia Tuesday, March 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.
The roll was called and the following Representatives answered to their names:

Ashe Atkins Baker Bannister Barfoot Bargeron Bates Birdsong Bordeaux Bostick Breedlove Brooks, T Brown Buckner Bunn
Burkhalter
Byrd
Campbell
Canty
Carrel1
p te, r Lautnorn
Chandler
Channell
Childers
Clark
Coker

Coleman, B Colwell Connell Cox Crawford Crews Culbreth Cummings Davis, M Dickinson Dix Dobbs Ehrhart Epps Evans
Felton
Floyd, J.M
Floyd, J.W
Godbee
Golden
Greene Hammond
Hanner
Harris, B
Harris, M
Heard
Hegstrom

Hembree Holland Howard Hudson Hughes Hugley Irvin Jenkins Johnson, D.H Johnson, E Johnson, J Johnston Jones Joyce Kaye
Kinnamon
Ladd
Lakly
Lane, D
Lane, R
Lawson Lee
Lewis
Lord
Maddox
Mann
Martin

McBee McClinton Mills Mobley, J Moore Mosley O'Neal Padgett Patten Pelote Pinholster Polak Porter Purcell, A Purcell, B
Randolph
Ray
Reaves
Reichert
Roberts
Royal Shanahan
Sherrill
Shipp
Skipper
Smith, C
Smith, L

Smith, P Smith, V Smith, W Smyre Stancil, F Stancil, S Stanley, L Stanley, P Stephenson Streat Taylor Teper Tillman Titus Turnquest
Twiggs
Vaughan
Walker
Wall
Watson
Watts Westmorland
White
Williams, B
Williams, R
Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives McKinney of the 51st, Poston of the 3rd, Buck of the 135th, Perry of the llth, Mobley of the 69th, Powell of the 23rd, Jamieson of the 22nd, Holmes of the 53rd, Orrock of the 56th, James of the 140th, Sinkfield of the 57th, Trense of the 44th, Davis of the 48th, Dixon of the 150th, Lucas of the 124th, Smith of the 169th, Johnson of the 97th, Goodwin of the 79th, Teague of the 58th, Mueller of the 152nd and Lawrence of the 64th.
They wish to be recorded as present.

Prayer was offered by Dr. Marcus V. Tripp, Pastor, Perry United Methodist Church, Perry, 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.

1930

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 of the House were introduced, read the first time and referred to the committees:

HB 2047. By Representative Padgett of the 119th:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to provide for the comprehensive evaluation of educational reform programs.
Referred to the Committee on Education.

HB 2048. By Representatives Hart of the 116th, Howard of the 118th, Brown of the 117th and Connell of the 115th:
A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for the duties and powers of the Chief Judge of said Court; to provide for the handling and transfer of cases within the Civil Court and Magistrate Court of Richmond County.
Referred to the Committee on State Planning & Community Affairs - Local.

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 2052. 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 Education 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 2054. By Representatives Snow of the 2nd and Joyce of the 1st:
A bill to provide for the Magistrate Court of Walker County; to provide for the compensation of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1125. By Representatives Buckner of the 95th, Reaves of the 178th, Greene of the 158th, Hudson of the 156th, Crawford of the 129th and others:
A resolution creating the House Georgia Farmers' Markets Study Committee.
Referred to the Committee on Rules.

TUESDAY, MARCH 8, 1994

1931

HR 1127. By Representatives Watson of the 139th and Dixon of the 150th:
A resolution creating the House Competitive Local Telephone Service Study Committee.
Referred to the Committee on Rules.

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

HB 2029 HB 2030 HB 2031 HB 2032 HB 2033 HB 2034 HB 2035 HB 2036 HB 2037 HB 2038 HB 2039

HB 2040 HB 2041 HB 2042 HB 2043 HB 2044 HB 2045 HB 2046 HR 1093 SB 641 SB 716 SB 720

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

Mr. Speaker:

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

HB 1847 Do Pass, by Substitute HB 1911 Do Pass, as Amended HB 1986 Do Pass HB 2012 Do Pass, by Substitute HB 2023 Do Pass HB 2024 Do Pass HB 2025 Do Pass

HB 2026 Do Pass HB 2027 Do Pass SB 180 Do Pass, by Substitute SB 185 Do Pass, by Substitute SB 653 Do Pass SB 679 Do Pass SB 713 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 8, 1994
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:
SB 517 Tattooing; permits; regulations SB 518 Drivers' licenses; learners' permits; amend provisions SB 526 Teachers/school personnel; finger-printing; criminal record checks SB 536 Innkeepers; assigned rooms; certain contract SB 554 Teachers; refusal to alter grade SB 569 World Congress Center; amend provisions

1932

JOURNAL OF THE HOUSE,

SB 572 Georgia and South Carolina boundary; survey and mapping SB 601 Boat Safety Act; amend provisions SB 606 Clean Water Week; designate third week in October each year SB 680 Elections; state & local officials; plurality vote; exception SB 694 Domestic stock insurance companies; preferred stock
SR 386 Ward Edwards Bridge; designate SR 395 Violent crimes; mandatory minimum sentences - CA
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, is/ Lee of the 94th
Chairman

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

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.

The following Committee substitute was read and adopted:

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," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, so as to provide for mixed-use commercial and industrial purposes zones and mixed-use residential and commercial purposes zones; to provide for definitions; to provide for the creation of such zones; to provide requirements for the creation of such zones; to change the requirements for the creation of commercial, industrial, and residential zones; to change notice requirements; to provide for exemptions from ad valorem taxation of certain property; to change filing requirements for exemptions; to provide for other matters relative to the foregoing; to provide for editorial revision; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, is amended by striking paragraphs (6) through (20) of Section 3 and inserting in lieu thereof new paragraphs (6) through (23) to read as follows:
"(6) 'Commercial purposes' means property used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, central business district, or other commercial or business use.
(7) 'Conversion* means the creation of new dwelling units from property previously nonresidential.
(8) 'County' means Fulton County. (9) 'County purposes' means purposes of the county but including neither school nor educational purposes. (10) 'Finished goods' means goods, wares, and merchandise of every character and kind, but shall not include unrecovered, unextracted, or unsevered natural resources or raw materials or goods in the process of manufacture or production, or the stock-intrade of a retailer.

TUESDAY, MARCH 8, 1994

1933

(11) 'Historic multifamily structure' means a structure which has historically been used principally for multifamily residential purposes or a structure which qualifies as a historic structure and will be converted to multifamily residential purposes pursuant to a plan approved by the city council.
(12) 'Industrial purposes' means any industrial use permitted by the City of Atlanta zoning ordinance.
(13) 'Inventories' means property described in subsection (a) of Section 7 which may be exempt from ad valorem property taxes.
(14) 'MARTA station' means Metropolitan Atlanta Rapid Transit Authority station. (15) 'Mixed-use commercial and industrial purposes' means property used for both commercial and industrial purposes. (16) 'Mixed-use residential and commercial purposes' means property used for both residential and commercial purposes. (17) 'Raw materials' means any material, whether crude or processed, that can be converted by manufacture, processing, or combination into a new and useful product but shall not include unrecovered, unextracted, or unsevered natural resources. (18) 'Real property' means land and improvements thereon. (19) 'Residential purposes' means improvements to property undertaken to provide single-family or multifamily dwelling units for rent or sale; such purposes to include new construction, conversion, or rehabilitation. (20) 'Single-room occupancy residence* means a building containing 50 or more dwelling units, all of which are available for rental occupancy for periods of seven days or longer, in which said dwelling units are accessed through a common primary entrance; which contains lounges, living rooms, and other congregate living space of not less than five square feet per dwelling unit; and in which on-site management is provided on a 24 hour basis. For the purposes of this Act, single-room occupancy residences shall be classified as residential uses. As used in this Act, the term 'single-room occupancy residence' refers specifically to the Welcome House single-room occupancy residence located on the corner of Memorial Drive and Pryor Street in the City of Atlanta. (21) 'Taxable property' means real or personal property subject to ad valorem property taxes. (22) 'Taxable value' means the net taxable assessed value of property as shown on the tax digest of Fulton County as adjusted and equalized by the state revenue commissioner pursuant to Code Section 48-5-271 of the O.C.G.A., requiring the examination of tax digests for determining uniformity of valuation. (23) 'Urban Redevelopment Area (URA)' means an area as defined by and consistent with Chapter 44 of Title 36 of the O.C.G.A., the 'Redevelopment Powers Law.'"
Section 2. Said Act is further amended by striking subsection (c) of Section 4 and inserting in lieu thereof a new subsection (c) of Section 4 to read as follows:
"(c) Urban enterprise zones may be created for commercial, industrial, residential, mixed-use commercial and industrial, or mixed-use residential and commercial purposes. If the zone is for residential purposes, only real property or improvements thereon may be exempted, as provided in paragraph (2) of subsection (a) of this section and subsection (b) of Section 8."
Section 3. Said Act is further amended by striking Section 5 and inserting a new Section 5 to read as follows:
"Section 5. (a) Zones for commercial, industrial, or mixed-use commercial and industrial purposes may only be created in an area of the city composed of census tracts as defined in the United States decennial census of 1990 or most recent census, where:
(1) The percentage of family and nonfamily households in that census tract that were below the poverty level was at least double the percentage of family and nonfamily households below the poverty level for Fulton County as a whole;
(2) The percentage of persons in that census tract who were in the labor force and did not work was at least double the percentage of persons who were in the labor force and did not work for Fulton County as a whole;

1934

JOURNAL OF THE HOUSE,

(3) The percentage of total jobs lost in that census tract for a specified consecutive five-year period was at least double the percentage of total jobs lost for such period for Fulton County as a whole; or
(4) The census tract is contiguous to an otherwise eligible census tract, as determined by paragraph (1), (2), or (3) of this subsection, 51 percent of which contains underutilized open lots or parcels of land or structures or buildings of relatively low value, as compared to the value of structures or buildings in the whole census tract, or which is development impaired by airport or airport related transportation noise or airport related environmental factors or by any combination of the foregoing factors. (b) A zone for residential purposes may only be created in an area of the city composed of census tracts in each of which, according to the United States decennial census of 1990 or most recent census:
(1) The percentage of family and nonfamily households in that census tract that were below the poverty level was at least double the percentage of family and nonfamily households below the poverty level for Fulton County as a whole;
(2) The percentage of persons in that census tract who were in the labor force and did not work was at least double the percentage of persons who were in the labor force and did not work for Fulton County as a whole; or
(3) The total number of persons residing in each census tract was less than 1,000 persons. (c) A zone for mixed-use residential and commercial purposes may only be created in an area of the city composed of census tracts as defined in the United States decennial census of 1990 or most recent census, where:
(1) The percentage of family and nonfamily households in that census tract that were below the poverty level was at least double the percentage of family and nonfamily households below the poverty level for Fulton County as a whole;
(2) The percentage of persons in that census tract who were in the labor force and did not work was at least double the percentage of persons who were in the labor force and did not work for Fulton County as a whole;
(3) The percentage of total jobs lost in that census tract for a specified consecutive five-year period was at least double the percentage of total jobs lost for such period for Fulton County as a whole;
(4) The total number of persons residing in each census tract was less than 1,000 persons; or
(5) The census tract is contiguous to an otherwise eligible census tract, as determined by subsection (a) of this section, 51 percent of which contains underutilized open lots or parcels of land or structures or buildings of relatively low value, as compared to the value of structures or buildings in the whole census tract, or which is development impaired by airport or airport related transportation noise or airport related environmental factors or by any combination of the foregoing factors.
(d) (1) A zone for industrial purposes may not be less than 25 acres in size.
(2) A zone for commercial purposes may not be less than eight acres in size.
(3) A zone for residential purposes may not be less than five acres in size, except:
(A) When the proposed zone is within 1,000 feet of a MARTA station pedestrian entrance, in which case a minimum of 2.5 acres with be required;
(B) When the proposed zone contains a historic multifamily structure, which structure is suitable for rehabilitation or renovation and can provide a minimum of four multifamily housing units, in which case there will be no minimum acreage required;
(C) When the proposed zone contains a single-room occupancy residence in which at least 80 percent of the units to be provided bear weekly rents which do not exceed the fair market rents for the Atlanta metropolitan statistical area for single-room occupancy residences as most recently published by the United States Department of Housing and Urban Development. In said case, there will be no minimum acreage required. Prior to enterprise zone status being granted to single-room occupancy residences, the single-room occupancy operating plan must be presented, and it must project a minimum of 20 percent of the units for homeless persons,

TUESDAY, MARCH 8, 1994

1935

including persons previously living in emergency shelters, substandard housing, or in no housing whatsoever; or
(D) When the proposed zone is located within the Central Business District of the City of Atlanta as defined in the most recent United States Census of Retail Trade, in which case a minimum of 2.5 acres will be required. (4) A zone for mixed-use residential and commercial purposes may not be less than eight acres in size. (5) A zone for mixed-use commercial and industrial purposes may not be less than 25 acres in size. (e) A zone may extend into a census tract which does not comply with the requirements of subsection (a), (b), or (c) of this section if at least 75 percent of the expanded zone would comply with the requirements of subsection (a), (b), or (c) of this section. (f) An existing commercial, industrial, residential, mixed-use commercial and industrial, or mixed-use residential and commercial purposes zone may be amended to add additional land to the zone, provided that: (1) The area to be added complies with the requirements of subsections (a), (b), (c) and (e) of this section; and (2^ The area to be added is at least ten acres in size for commercial, industrial, mixed-use commercial and industrial, or mixed-use residential and commercial purposes, or one acre in size for residential purposes, and provided, further, that all land is vacant. Notwithstanding the date of expansion of the existing zone, the schedule of abatements for the area added to the existing zone shall coincide with the schedule of abatements for the existing zone."
Section 4. Said Act is further amended by striking Section 6 and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. (a) Notice of a public hearing and intent to create an enterprise zone shall be published twice by the city in a newspaper of general circulation at least 14 days prior to the date of the public hearing. All property owners within the proposed zone shall be notified in writing by the city.
(b) After the public hearing, the city council may exempt the taxable value of property within a zone only from ad valorem taxation for city purposes. The board of commissioners, by appropriate resolution, may exempt from ad valorem taxation for county purposes under this Act the taxable value of only that same property exempted from ad valorem taxation for city purposes.
(c) A copy of the ordinance creating, abolishing, or decreasing in size a zone for industrial or mixed-use commercial and industrial purposes or creating exemptions in any zone shall be transmitted to the tax commissioner of Fulton County, the tax assessors of Fulton County, and the Department of Community Affairs of the State of Georgia within 30 days after its passage."
Section 5. Said Act is further amended by striking from the beginning of Section 7 the following:
"(a) Exemptions from ad valorem taxation of inventories within a zone created for commercial and industrial purposes under this Act may be granted for all or any combination of the following types of property:", and inserting in lieu thereof the following:
"(a) Exemptions from ad valorem taxation of inventories within a zone created for industrial or mixed-use commercial and industrial purposes under this Act may be granted for all or any combination of the following types of property:".
Section 6. Said Act is further amended by striking from the beginning of Section 8 the following:
"(a) For zones created for industrial purposes:", and inserting in lieu thereof the following:
"(a) For zones created for industrial or mixed-use commercial and industrial purposes:".

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Section 7. Said Act is further amended by adding at the end of Section 8 a new subsection (d) to read as follows:
"(d) For zones created for mixed-use commercial and residential purposes: (1) (A) Real property in a zone which is exempt from ad valorem taxation under this Act as a result of new construction or conversion shall be exempt for 100 percent of its taxable value for the first five years after the creation of the zone in which the property is located, 80 percent of its taxable value for the next two years, 60 percent of its taxable value for the next year, 40 percent of its taxable value for the next year, and 20 percent of its taxable value for the last year. (B) Real property in a zone which is exempt from ad valorem taxation under this Act as a result of rehabilitation shall be limited to the value of improvements added to the existing structure after the creation of the zone and the value of the land in accordance with paragraph (3) of this subsection. At such time as the value of the improvements added exceed the value of the land, as of the date of the creation of the zone, by a factor of eight or more, then the full value of the improvements added shall be eligible for the exemption granted under this Act. Said real property in such zone shall be exempt in accordance with the following schedule: 100 percent of its taxable value for the first five years after the creation of the zone, 80 percent of its taxable value for the next two years, 60 percent of its taxable value for the next year, 40 percent of its taxable value for the next year, and 20 percent of its taxable value for the last year. (2) A zone shall exist for ten years after the effective date of its creation and at
the end of this period the zone and all exemptions established therein pursuant to this Act shall be abolished.
(3) Any tax exemptions granted under this Act shall be restricted to residential or commercial purpose improvements made after the effective date of the creation of the zone. If the value of the improvements exceeds the value of the land as of the date of the creation of the zone by a factor of eight or more, then the full value of the real property shall be eligible for the exemption granted under this Act.
(4) The determination of whether or not a structure qualifies as a historic multifamily structure shall be based upon a plan for historic preservation which contains standards and criteria for such determination and which plan has been duly adopted by the city council. Further, all rehabilitation improvements to any historic structure shall be consistent with Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings issued by the Secretary, U.S. Department of the Interior, as revised 1983 or as subsequently amended.
(5) A zone for mixed-use commercial and residential purposes shall not be abolished or reduced in size nor shall the amounts of exemptions from ad valorem taxation be altered by action of the city council or board of commissioners after adoption of a resolution or ordinance creating the zone."
Section 8. Said Act is further amended by striking Section 10 and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. (a) The creation of a zone shall become effective on January 1, immediately following the adoption by the city council of an ordinance creating the zone; provided, however, that the effective date for the creation of a zone may be postponed for
up to two years by ordinance of the city council. (b) Exemptions from ad valorem taxes for city or county purposes upon inventory
or real property in a zone shall become effective on January 1, immediately following the adoption of the appropriate ordinance by the city council or appropriate resolution by the board of commissioners, respectively, unless the effective date is postponed as provided in subsection (a) of this section.
(c) No exemption from ad valorem taxation upon inventory may be granted unless application by the owner thereof is filed with the tax assessors of Fulton County on or before the tax return date of the year for which the exemption is sought. The application shall contain such information as the tax assessors may require, including, but not limited to, the value of all such inventory for which the exemption is sought. The tax assessors shall determine the value of any exemption granted under this section."

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Section 9. Said Act is further amended by striking Section 12 and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. The clerk of council shall annually submit a report to the board of commissioners, the Department of Community Affairs of the State of Georgia, and the local legislative delegations of the city and county. The report shall include:
(1) The location, boundary, and size of all zones created in the immediately preceding calendar year and created since the effective date of this Act;
(2) The current value of tax exemptions under this Act which became effective in the immediately preceding calendar year and since the effective date of this Act;
(3) The current market value of all improvements and inventories in each zone as compared to that value upon the effective date of the creation of that zone;
(4) For zones created for commercial, industrial, mixed-use commercial and industrial, and mixed-use commercial and residential purposes, the current number of jobs and types of jobs in each zone as compared to the number and types of jobs upon the effective date of the creation of that zone; and
(5) For zones created for residential and mixed-use commercial and residential purposes, the current number of housing units and types of housing units in each zone as compared to the number and types of housing units upon the effective date of the creation of that zone."
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 substitute, was agreed to.

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 valorem 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.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1911 by striking "include only that portion of and inserting "not include" on line 27 of page 2 and line 17 of page 3.
By inserting "except such income" immediately following "pension system" on line 30 of page 2 and line 21 of page 3.

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

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 information from municipal employees concerning fraud, waste, and abuse in or relating to any municipal programs or operations.

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

HB 2012. By Representative Barfoot of the 155th: A bill to provide a new charter for the City of Vidalia in Toombs County.

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The following Committee substitute was read and adopted:

A BILL
To provide a new charter for the City of Vidalia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the 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; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, acting city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city accountant, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges chereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for severability; to provide for preservation of legislation relative to the public school system of the city; to provide for other matters relative to the foregoing; to repeal a specific Act and amendatory Acts thereto; to provide for effective dates; 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. Name. The City of Vidalia, in Toombs County, Georgia, is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name and style the "City of Vidalia" and by that name shall have perpetual succession.
Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those existing on the earliest effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by 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 and to be designated, as the case may be: "Official map of the corporate limits of the City of Vidalia, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.
(b) The boundaries existing on the effective date of the adoption of this charter are more specifically shown by that plat of survey prepared by Charles M. Zeigler and Associates, Inc., Registered Surveyors, dated January 14, 1993, showing an area of 11,340.87 acres, the same being recorded in Toombs County Plat Book 26, Page 63, and incorporated in this charter by reference and made a part and parcel of this description.
(c) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
Section 1.12. Powers and construction, (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 completely as though they were specifically enumerated in this charter. This city shall

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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 specific mention or failure to mention particular powers shall not be construed as limiting in
any way the powers of this city.
Section 1.13. Examples of powers. The powers of the city shall include, but not be
limited to, the following: (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 or bodies of water within the corporate limits of the city;
(2) Animal regulations. To regulate and license or to prohibit the keeping or running 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 ordinance; and to provide punishment for violation of ordinances enacted under this
charter; (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 the city;
(4) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades;
(5) Business regulation and taxation. To levy and to provide for 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 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 applicable laws as are now or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations;
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within 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 districts and from time to time to 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 collection 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 corporations residing in or doing business in the city 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 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 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;

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(13) Health and sanitation. To prescribe standards of health and sanitation 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 or other public property in the city; to provide for commitment of such persons to any jail; or to provide for 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 control 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 departments, 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 conferred 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, sewers
and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of ser-
vice for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on pub-
lic 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 and playgrounds, recreational facili-
ties, cemeteries, markets and market houses, public buildings, libraries, public housing,
airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and
medical institutions, agencies, and facilities; and 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 now or may here-
after 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 such public transportation sys-
tems as are deemed beneficial;

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(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 standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia 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, within 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 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) Water or sewer fees. To levy a fee, charge, or water or sewer tax, or both, as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of wells, storage tanks, sewage disposal plants, and a water or sewerage system, or both, and to levy on those to whom water or sewerage services are made available a water or sewer service fee, charge, or tax for the availability or use of the water or sewer system; to provide for manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a water or sewer connection fee or fees;
(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, 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 to 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 any intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, 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 taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements;
(37) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(38) Taxes: other. 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 ordinance; and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and operate an urban redevelopment program; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, 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

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its inhabitants; and to exercise all implied powers necessary to execute 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 others, 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 1.14. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided 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 Georgia.
ARTICLE II GOVERNMENT STRUCTURE
Section 2.10. City council creation; number; election. 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 five councilmembers. The city council established in this charter shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by this charter.
Section 2.11. City councilmembers; terms and qualifications for office. The members of the city council 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 qualified and registered to vote in the city immediately prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of this city. Should a councilmember remove his or her residence from the ward from which he or she was elected or should a councilmember at large remove his or her residence from the city, such removal shall effect an automatic vacancy in the office held by the person so moving.
Section 2.12. Vacancy; filling of vacancies; suspensions, (a) 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.
(b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Section 5.19 of this charter.
Section 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
Section 2.14. Voting when personally interested, (a) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is personally interested.
Section 2.15. Conflicts of interest, (a) Conflict of interest 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 that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's 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 that

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person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others;
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person 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 contract with any business or entity in which that person has a financial interest. (b) Disclosure Any elected official, appointed officer, or employee who shall have 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 council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating 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) Use of public property 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) Contracts voidable and rescindable Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Ineligibility of elected official Except where authorized by law, no councilmember nor the mayor shall hold any other elective or compensated appointive office in the city or otherwise be employed by the government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected. (f) Political activities of certain officers and employees No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.
(g) Penalties for violation (1) Any city officer or employee who knowingly conceals such financial interest or
knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position.
(2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
Section 2.16. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful

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order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
Section 2.17. General power and authority of the city council. 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 2.18. Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
Section 2.19. Oath of office. The mayor and city council shall, before entering upon the discharge of their duties, each take and subscribe before an officer authorized by law to administer oaths the following oath:
"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 charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America."
Section 2.20. Regular and special 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 24 hours in advance of the meeting. 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 transacted in such councilmember's presence. Only the business stated in the call may be transacted 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 2.21. Rules of procedure, (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of 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 2.22. Quorum; voting, (a) Three councilmembers shall constitute a quorum and shall be authorized to transact 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 journal. 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) The mayor shall cast the deciding vote in case of a tie.
Section 2.23. Ordinance form; procedures, (a) Every proposed ordinance should be introduced in writing 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 City Council of the City of Vidalia 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

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rejected by the city council in accordance with the rules which it shall establish and in accordance with Code Section 36-35-3 of the O.C.G.A. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and 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 2.24. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance.
Section 2.25. Emergencies. To meet a public emergency affecting life, health, property, 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 may 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 ordinance 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 still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.26. Codes of technical regulations, (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.23 of this charter for distribution 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 authenticated and recorded by the city clerk pursuant to Section 2.27 of this charter.
(b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price.
Section 2.27. Signing; authenticating; recording; codification; printing, (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 city council.
(b) The city council shall provide for the preparation of a general codification of all the ordinances 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 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 Vidalia, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and 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 as soon as practicable 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 substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

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Section 2.28. City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications.
Section 2.29. Removal of city manager, (a) The city council may remove the city manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager;
(2) Within five days after a copy of the resolution is delivered to the city manager, that person may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the council a written reply not later than five days before the hearing;
(3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effec; ve immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resoluti i for removal, which may be made effective immediately, by an affirmative vote of e. majority of all its members at any time after the public hearing. (b) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal.
Section 2.30. Acting city manager. By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease.
Section 2.31. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. The city manager:
(1) Shall appoint, subject to the confirmation of the city council, the heads of such departments as the city council shall from time to time establish. In addition, he or she shall appoint, without the confirmation of the city council and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency;
(2) Shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law;
(3) Shall attend all city council meetings and shall have the right to take part in discussion, but the city manager may not vote;
(4) Shall see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed;
(5) Shall prepare and submit the annual operating budget and capital budget to the city council;
(6) Shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year;

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(7) Shall make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision;
(8) Shall keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable;
(9) Shall perform other such duties as are specified in this charter or as may be required by the city council;
(10) The city manager shall be the purchasing agent for the city and shall make all purchases for the various departments of the city and shall approve all vouchers for the same; provided, however, that the city council, at its first meeting after the approval of this charter and at its first meeting of each calendar year thereafter, shall fix a maximum monetary limit which the city manager, as such purchasing agent for the city, shall not exceed in any single purchase without the prior approval of the city council. During said calendar year for which such annual monetary limit is adopted, the city council may from time to time amend this maximum monetary limit either upwards or downwards. Further, the city council may, by resolution, require competitive bids on purchases under such rules and regulations as the city council may from time to time prescribe; and
(11) The city manager, before entering upon the discharge of his or her duties, shall give bond, conditioned in such manner, as the city council shall require and the city manager shall have authority to require of any employee under his or her jurisdiction such bond, under such conditions, as he or she shall require, and all of such bonds shall be payable to the City of Vidalia, and its successors, for the benefit of the city and all premiums on all such bonds shall be paid by the city.
Section 2.32. Council's interference with administration. Except for the purpose of inquiries and investigations under Section 2.16 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
Section 2.33. Selection of mayor pro tempore. The mayor shall appoint a councilmember to serve as mayor pro tempore who shall serve at the pleasure of the mayor. The mayor pro tempore shall continue to vote and otherwise participate fully as a councilmember.
Section 2.34. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial
purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; and (4) Sign as a matter of course on behalf of the city all written and approved con-
tracts, ordinances, and other instruments executed by the city which by law are required to be in writing.
Section 2.35. Mayor pro tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore, or in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers.
Section 2.36. Submission of ordinances to the mayor; veto power, (a) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor.
(b) The mayor, within ten calendar days of receipt of an ordinance or resolution, shall return it to the city clerk with or without the mayor's approval or with the mayor's

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disapproval. If the ordinance has been approved by the mayor, it shall become law upon it* return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become effective at 12:00 o'clock Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk
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. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of four members, it shall become effective.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance making appropriation* shall become effective, and the part or parts disapproved shall not become effective unless subsequently passed by the city council over the mayor's veto as provided in this action. The reduced part or parts shall be presented to the city council as though disapproved and shall not become effective unless overridden by the city council as provided III subsection (c) of this section.
ARTICLE III ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and service departments, (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, 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 departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation 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 city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency.
(e) All directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. The city manager may impend or remove directors under the city manager's supervision. The director involved may appeal to the city council which, after a hearing, may override the city manager's action by a majority vote.
Section 3.11. Boards, commissions, and authorities, (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasijudicial, or quasi-legislative function the city council deem necessary and shall by ordinance establish the composition, 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 provided 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 reimbursement 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 in this charter for original appointment, ticept as otherwise provided by this charter or by law.
, (f) No member of a board, commission, or authority shall assume office until that penon has executed and filed with the clerk of the city an oath obligating that person to

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1949

perform faithfully and impartially the duties of that person's office, such oath shall be pl*

scribed 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 a*

vice chairperson and may elect as its secretary one of its own members or may appoint

as secretary an employee of the city. Each board, commission, or authority of the city gov-

ernment may establish such bylaws, rules, and regulations, not inconsistent with this

charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfill*-

ment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regula-

tions shall be filed with the clerk of the city.

Section 3.12. City attorney. The city council shall appoint a city attorney, together
with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be
responsible for managing all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concern'
ing legal aspects of the city's affairs; and shall perform such other duties as may be required of the city attorney by virtue of such person's position as city attorney.

Section 3.13. 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.

Section 3.14. City accountant. The city council shall appoint a city accountant to1 perform the duties of an accountant.

Section 3.15. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be ub-
mitted to the city council for approval. Such plan may apply to all employees of the city
and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applica-
ble to any position except by amendment of such pay plan. For purposes of this section, elected and appointed city officials are not city employees.

Section 3.16. Personnel policies. The city council shall adopt rules and regulation*

consistent with this charter concerning:

(1) The method of employee selection and probationary periods of employment;

(2) The administration of the position classification and pay plan, methods of pro-

motion and application 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 IV JUDICIAL BRANCH

Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Vidalia.

Section 4.11. Chief judge; associate judge, (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 ordi-

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(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 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 such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered in the minutes of the city council journal required in Section 2.21 of this charter.
Section 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance.
Section 4.13. Jurisdiction; 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 authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operations and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations 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 such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(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 may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served and executed by any officer as authorized by this charter or by law.
(h) 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.
(i) 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 particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 4.14. 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 Toombs County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

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Section 4.15. Rules for court. 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, however, 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, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.
ARTICLE V ELECTIONS AND REMOVAL
Section 5.10. Applicability of general ! All primaries and elections shall be held and conducted in accordance with Chapte: of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereaftt ^mended.
Section 5.11. Division of city into wards. For the purpose of electing four of the five councilmembers of the city, the city is divided into four wards, which shall be composed of the following territory:
First ward. The first ward shall be bounded on the north by the center line of North Street (State Highway No. 292) from the city limits west to Washington Street; thence south by the center line of Washington Street to Second Avenue; thence west by the center line of Second Avenue to Lively Street turning south. The west boundary shall be bounded by the center line of Lively Street from Second Avenue south to North East Main Street; thence east by the center line of North East Main Street to Broadfoot Boulevard; thence south by the center line of Broadfoot Boulevard to South East Main Street; thence west by the center line of south East Main Street to Queen Street; thence south by the center line of Queen Street to First Street (U.S. Highway 280); thence east by the center line of First Street to Winona Street; thence south by the center line of Winona Street to Smith Street; thence north by the center line of Smith Street to Fifth Street; thence east by the center line of Fifth Street to Aimwell Road; thence south by the center line of Aimwell Road to the city limits. The south and east boundary shall be bounded by the city limits from Aimwell Road east to North street (State Highway No. 292).
Second ward. The Second Ward shall be bounded on the east by the center line of Aimwell Road from the city limits north to Fifth Street; thence west by the center line of Fifth Street to Smith Street; thence south by the center line of Smith Street to Winona Street; thence north by the center line of Winona Street to First Street (U.S. Highway 280); thence west by the center line of First Street to Queen Street; thence north by the center line of Queen Street to South East Main Street; thence east by the center line of South East Main Street to Broadfoot Boulevard; thence north by the center line of Broadfoot Boulevard to North East Main Street; thence west by the center line of North East Main Street to Lively Street; thence north by the center line of Lively Street to Second Avenue. The north boundary shall be bounded by the center line of Second Avenue from Lively Street to Morris Street; thence north by the center line of Morris Street to Jenkins Street turning west; thence west by center line of Jenkins Street to Mclntosh Street; thence south by the center line of Mclntosh Street to Everett Street; thence west by the center line of Everett Street to Montgomery Street. The west boundary shall be bounded by the center line of Montgomery Street and Adams Street (State Highway No. 130) from Everett Street south to the city limits. The south boundary shall be bounded by the city limits from Adams Street east to Aimwell Road.
Third ward. The third ward shall be bounded to the south by the center line of North Street (State Highway No. 292) from the city limits west to Washington Street; thence south by the center line of Washington Street to Second Avenue; thence west by the center line of Second Avenue to Morris Street; thence north by the center line of Morris Street to Jenkins Street turning west; thence west by the center line of Jenkins Street to Mclntosh Street; thence south by the center line of Mclntosh Street to Everett

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Street; thence west by the center line of Everett Street to Orange Street. The west boundary shall be bounded by the center line of Orange Street from Everett Street to West Street; thence north by center of West Street to Toombs Street; The North boundary shall be bounded by the center line of Toombs Street from West Street east to Montgomery Street turning north; thence north by the center line of Montgomery Street to Locke Street; thence east by the center line of Locke Street to Thompson Street; thence north by the center line of Thompson Street to Locke Street turning east; thence east by the center line of Locke Street to Mclntosh Street (State Highway No. 297); thence south by the center line of Mclntosh Street to Lang Street; thence east by the center line of Lang Street to Peacock Street; thence north by the center line of Peacock Street to Thirteenth Avenue; thence east by the center line of Thirteenth Avenue to Roosevelt Street; thence south by the center line of Roosevelt Street to North Street (State Highway 292); thence east by the center line of North Street to Loop Road (State Highway No. 130); thence east by the center line of Loop Road to the city limits. The east boundary shall be bounded by the city limits from Loop Road (State Highway No. 130) south to North Street (State Highway No. 292).
Fourth ward. The fourth ward shall be bounded to the east by the center line of Adams Street (State Highway No. 130) and Montgomery Street from the city limits north along Adams and Montgomery Streets to Everett Street; thence west by the center line of Everett Street to Orange Street; thence north by the center line of Orange Street to West Street; thence east by the center line of West Street to Toombs Street; thence east by the center line of Toombs Street to Montgomery Street; thence north by the center line of Montgomery Street to Locke Street; thence east by the center line of Locke Street to Thompson Street; thence north by the center line of Thompson Street to Locke Street turning east; thence east by the center line of Locke Street to Mclntosh Street (State Highway No. 297); thence south by the center line of Mclntosh Street to Lang Street; thence east by the center line of Lang Street to Peacock Street; thence north by the center line of Peacock Street to Thirteenth Avenue; thence east by the center line of Thirteenth Avenue to Roosevelt Street; thence south by the center line of Roosevelt Street to North Street (State Highway No. 292); thence east by the center line of North Street to Loop Road (State Highway No. 130); thence east by the center line of Loop Road to city limits. The north, west, and south boundary shall be bounded by the city limits from Loop Road (State Highway No. 130) west to Adams Street (State Highway No. 130).
Section 5.12. Selection of councilmembers by ward. One councilmember shall be elected from each of the four wards described in Section 5.11 of this charter. The councilmember from each respective ward shall be elected by the voters of that particular ward in which they reside as described in Section 5.11 of this charter.
Section 5.13. Councilmember at large and mayor. The mayor and councilmember at large shall be elected by the voters of the entire city.
Section 5.14. Residence requirements of candidates for councilmember, mayor. In order to be eligible to be elected as a councilmember from a ward, the candidate therefor must be a resident of such ward on the date he or she qualifies to run for office and at the time of election thereto. In order to be eligible to be elected as councilmember at large or to be elected mayor, the candidates therefor may reside in any ward.
Section 5.15. Candidates for councilmember to indicate type of candidacy. All candidates for the office of councilmember shall designate whether they are offering as a candidate from a ward or as a candidate from the city at large.
Section 5.16. Time of election of councilmembers, mayor, (a) On the Tuesday next following the first Monday in November, 1995, and on that day quadrennially thereafter, a councilmember at large, a councilmember from the third ward, and a councilmember from the fourth ward shall be elected to serve a four-year term in office.
(b) On the Tuesday next following the first Monday in November, 1997, and on that day quadrennially thereafter, a mayor, councilmember from the first ward, and a councilmember from the second ward shall be elected to serve a four-year term in office.

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(c) Terms of office for mayor and councilmembers shall begin at the time of taking the oath of office as provided in Section 2.19 of this charter and on the first Monday in January following the election.
Section 5.17. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation.
Section 5.18. Election by majority vote. The mayor and members of the city council shall be elected by a majority vote of the votes cast for each position.
Section 5.19. Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, 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 5.20. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
Section 5.21. Removal of officers. The mayor or any councilmember may be removed or suspended from office in the manner provided by general law.
ARTICLE VI FINANCE
Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem 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 rate; due dates; payment methods. 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.
Section 6.12. Occupation and business taxes. The city council by ordinance 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 business in this city or who practice or offer to practice any profession or calling in this 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 payment of such taxes as provided in Section 6.18 of this charter.
Section 6.13. Licenses; permits; fees. The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling in this 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 activities are not now regulated by general law in such a way as to preclude city regulation. 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.

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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, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, 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 city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Service charges. 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 within and 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. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.17. Construction; other taxes. The 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 the city to govern its local affairs.
Section 6.18. Collection of delinquent taxes and fees. The city council by ordinance may provide 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. General obligation bonds. 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 accordance with the laws governing bond issuance by municipalities in effect at the time such 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 produced by the project, program, or venture for which they were issued.
Section 6.21. Short-term 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. Fiscal year. 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. Preparation of budget. 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

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to the scope, content, and form of such budgets and programs. The city council shall also comply with the budgeting and auditing provisions of Chapter 81 of Title 36 of the O.C.G.A.
Section 6.24. Submission of operating budget to city council. On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the city manager 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 city manager 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 city manager 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. Action by city council on budget, (a) The city council may amend the operating budget proposed by the city manager, 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) The city council shall by ordinance adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the 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 appropriations or allotments thereof to which it is chargeable.
Section 6.26. Tax levies. 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 applicable 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.
Section 6.27. Changes in appropriations. The city council by resolution 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, but any additional appropriations may be made only from an existing unexpended surplus.
Section 6.28. Capital improvements budget, (a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements budget with the city manager's recommendations as to the means of financing the improvements proposed for the ensuing fiscal 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 authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.25 of this charter.

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(b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the city manager's recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by resolution.
Section 6.29. Independent audit. 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 principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
Section 6.30. Contracting procedures. 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 (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 2.22 of this charter.
Section 6.31. Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
Section 6.32. Sale of city 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 report by the city manager 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 separated 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 hereafter made.
ARTICLE VII GENERAL PROVISIONS
Section 7.10. Bonds for officials. The officers and employees of this city, both elective and appointive, 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 ordinance or as may be provided by law.
Section 7.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or re'pealed by the city council.
Section 7.12. Preservation of legislation pertaining to public school system. The special legislation on the subject of the public school system of the city and the funds belonging to said public school system and the various matters connected therewith shall not be

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repealed or modified by the enactment of this charter but shall remain in full force and effect.
Section 7.13. First election under this charter. The first municipal election shall be held November 7, 1995, at which the councilmember at large, the councilmember from the third ward, and the councilmember from the fourth ward positions shall be filled. The city council seat presently held by Buford Mobley shall be designated ward one. The city council seat presently held by E. Kay Stafford, Jr., shall be designated ward two. The city council seat presently held by John Raymond Turner shall be designated ward three. The city council seat presently held by John C. Matheson shall be designated ward four. The city council seat presently held by Charles Clements shall be designated at large. All persons giving notice of candidacy for a city council seat shall designate the ward being sought. Wards three and four and at large shall be filled at this first election for an initial term of four years and until their respective successors are elected and qualified such that a continuing body is created. Each councilmember shall serve a full term as provided in Section 2.11 of this charter.
Section 7.14. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of this city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which time the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
Section 7.15. Pending matters. Except as specifically provided 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 council.
Section 7.16. 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. (d) The term "council" or "city council" includes the mayor when such officer is required to vote pursuant to subsection (b) of Section 2.22 of this charter.
Section 7.17. Severability. If any article, section, subsection, paragraph, sentence, or part of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
Section 7.18. Effective date. This Act shall become effective on July 1, 1994.
Section 7.19. Specific repealer. An Act incorporating the City of Vidalia in the County of Toombs, approved April 8, 1968 (Ga. L. 1968, p. 3136), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.
Section 7.20. 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 substitute, was agreed to.

1958

JOURNAL OF THE HOUSE,

HB 2023. By Representative Twiggs of the 8th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to repeal the provisions relating to purchases by the board of commissioners.

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

HB 2024. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A bill to amend an Act providing for the method of filling vacancies in the membership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies.

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

HB 2025.

By Representative Smith of the 109th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the reference to city administrator to city manager; to delete the provisions providing for a director of utilities and public works; to provide for supervisors.

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

HB 2026.

By Representative Breedlove of the 85th:
A bill to provide a homestead exemption from all City of Sugar Hill ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value of the homestead for residents of the City of Sugar Hill 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 2027.

By Representatives Walker of the 141st, Ray of the 128th and Watson of the 139th:
A bill to amend an Act creating the Perry-Fort Valley Airport Authority, so as to change the composition of the authority; to change the political subdivisions of the state represented on the authority; to change the name of the authority.

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

SB 180. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the judges of said court; to provide an effective date.

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1959

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4637), so as to change the compensation of the judges of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4637), is amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. Judges' salaries. Each judge of the State Court of Clayton County shall receive a salary of $67,000.00 per annum, which shall be paid by the Board of Commissioners of Clayton County. The judges of the State Court of Clayton County shall receive no other compensation for serving as judges of said court, and they shall not engage in the private practice of law in any capacity during their tenure as judges of said court, and they shall not be eligible to hold any other public office while serving as judges of said court. The salary of each judge shall be paid out of the general funds of Clayton County."
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 substitute, was agreed to.

SB 185. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4647), so as to change the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4647), is amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. Salary of solicitor. The salary of the solicitor of said court shall be $49,616.00 per annum, payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. The solicitor of said court shall receive no other compensation for serving as solicitor of said court and shall not engage in the private practice of law in any capacity during his or her tenure as solicitor of said court and shall not be eligible to hold any other public office while serving as solicitor of said court."

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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 substitute, was agreed to.

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.

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

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.

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

SB 713. By Senator Boshears of the 6th:
A bill to amend an Act establishing the State Court of Pierce County, as amended, so as to change the compensation of the judge and solicitor of the state court; to provide an effective date.

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

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

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

Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle
Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker
Y Coleman, B
Y Coleman, T Colwell
Y Connell
Y Cox
Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson Y Dix
Dixon, H Dixon, S Dobbs Y Ehrhart Y Epps Evans Y Felton
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
Hart Y Heard
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 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, R
Lawrence
Y Lawson Y Lee Y Lewis
Y Lord
Lucas

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1961

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
O'Neal Y Orrock

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

Y 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

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
Thomas Y Tillman
Y Titus

Towevy Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson
Watts Y Westmoreland
White Y Williams, B
Y Williams, R Y Yates E 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 Secretary thereof:

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

SB 723. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County so as to change the composition of education districts; to provide for the election of members from such education districts.

SB 724. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act creating the board of commissioners of Whitfield County, as amended, so as to change the composition of commissioner districts from which certain members of the board are elected.

SB 725. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to transfer the intake and probation services of the Juvenile Court of Whitfield County to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services; to provide for a transfer of employees; to provide for the approval of such transfer; to provide for a contingent applicability date; to provide an effective date.

HB 1870.

By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and revenues for Upson County, so as to reapportion the board of commissioners; to provide new commissioner districts.

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.

1962

JOURNAL OF THE HOUSE,

HB 1882.

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

HB 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.

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.

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 provisions relative to the compensation and benefits of the sheriff.

HB 1954.

By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County, so as to change the provisions relative to the compensation and benefits of the judge of the probate court.

HB 1955.

By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the clerk of the Superior Court of Twiggs County, so as to change the provisions relating to the compensation and benefits of the clerk.

HB 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 compensation and benefits of the tax commissioner.

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.

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 ending 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.

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1963

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.

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.

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.

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 disability income and including the income of all members of the family residing within said homestead.

HB 1965. By Representative Hughes of the 19th: A bill to provide a new charter for the Town of Clermont.

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 Education of Cherokee County, so as to change certain provisions relating to the per diem received by members of the board.

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.

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 circuit.

1964

JOURNAL OF THE HOUSE,

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.

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).

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 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.

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 Annotated, 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.

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.

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.

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 Annotated, 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 persons may be accompanied by those dogs.

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 Annotated, relating to applications and fees for drivers' licenses, so as to provide for reduced drivers' license fees for certain applicants who execute anatomical gifts.

TUESDAY, MARCH 8, 1994

1965

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

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.

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 Annotated, 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 organization".

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 Annotated, relating to probate courts, so as to provide that certain provisions formerly 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 Senate has passed, as amended, by the requisite constitutional majority the following Bill 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.

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

SB 726. By Senators Henson of the 55th and Robinson of the 16th:
A bill to amend an Act placing the sheriff of Talbot County on an annual salary, as amended, so as to provide for and change the provisions relating to full-time and part-time deputies and their compensation; to provide an effective date.

1966

JOURNAL OF THE HOUSE,

SB 728. By Senators Day of the 48th, Newbill of the 56th, Balfour of the 9th, Burton of the 5th and Tysinger of the 41st:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to change the description of the commissioner districts; to provide for terms; to provide federally required submissions; to provide for effective dates.

SB 729. By Senator McGuire of the 30th:
A bill to amend an Act providing a new charter for the City of Villa Rica in Carroll and Douglas Counties, as amended, so as to provide for two-year terms of office for the mayor and councilmen; to provide that the current mayor and councilmen shall complete the terms for which they were elected.

The Senate insists on its substitutes to the following Bills of the House:

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.

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 definitions 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 Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill 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 Annotated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valuations established on appeal can be changed for subsequent taxable years.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Glanton of the 34th, Thomas of the 10th and Starr of the 44th.

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

SB 723. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County so as to change the composition of education districts; to provide for the election of members from such education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 8, 1994

1967

SB 724. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act creating the board of commissioners of Whitfield County, as amended, so as to change the composition of commissioner districts from which certain members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 725. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to transfer the intake and probation services of the Juvenile Court of Whitfield County to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services; to provide for a transfer of employees; to provide for the approval of such transfer; to provide for a contingent applicability date; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SB 726. By Senators Henson of the 55th and Robinson of the 16th:
A bill to amend an Act placing the sheriff of Talbot County on an annual salary, as amended, so as to provide for and change the provisions relating to full-time and part-time deputies and their compensation; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 728. By Senators Day of the 48th, Newbill of the 56th, Balfour of the 9th and others:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to change the description of the commissioner districts; to provide for terms; to provide federally required submissions; to provide for effective dates.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 729. By Senator McGuire of the 30th:
A bill to amend an Act providing a new charter for the City of Villa Rica in Carroll and Douglas Counties, as amended, so as to provide for two-year terms of office for the mayor and councilmen; to provide that the current mayor and councilmen shall complete the terms for which they were elected.
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 Senate's insistence on its position in substituting the same:

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.

Representative Coleman of the 142nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1375 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.

1968

JOURNAL OF THE HOUSE,

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Coleman of the 142nd, Buck of the 135th and Walker of the 141st.

By unanimous consent, Rule 28 was suspended in order for the Rules Committee to meet for the purpose of setting the Rules Calendar for Monday, March 14, 1994 on Thursday, March 10, 1994 and for Wednesday, March 16, 1994 on Tuesday, March 15, 1994.

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

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield
Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown Y Buck
Y Buckner Y Bunn Y" Burkhalter Y Byrd
Y Campbell Canty 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 Y Dix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart Y Epps
Y Evans Y Felton
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 Y Henson Y Holland
Holmes

Y Howard Y Hudson Y Hughes
Hugley 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 Y Lane, R
Lawrence Y Lawson Y Lee Y Lewis
Y Lord Y Lucas Y Maddox
Mann Y Martin Y McBee
McClinton McKinney Y Milam Y Mills

Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver
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
Ray Y Reaves Y Reichert Y Roberts Y Royal
Scoggins
Y Shanahan Y Sherrill
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 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 E Yeargin
Murphy, Spkr

TUESDAY, MARCH 8, 1994

1969

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 personal flotation devices aboard vessels; to limit the hours of operation of personal watercraft; to provide for an observer in vessels towing persons on water skis or similar devices; to provide an effective date.

Representative Smith of the 174th moved that SB 601 be recommitted to the Committee on Game Fish and Parks.

Representative Cox of the 160th moved the previous question.

Representative Smith of the 174th moved that SB 601 be placed upon the table. On the motion to table, the roll call was ordered and the vote was as follows:

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

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

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

On the motion, the ayes were 68, nays 93. The motion was lost.

The following Committee substitute was read:

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

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

1970

JOURNAL OF THE HOUSE,

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 of personal flotation devices aboard vessels; to establish a minimum age limit for the operation of personal watercraft; to provide certain exceptions to the minimum age requirements; to prohibit adults from allowing children under the minimum age to operate personal watercraft; to require a safety course for certain operators; to prohibit the towing of persons on water skis or similar devices behind personal watercraft; to provide for exceptions; to define the crime of reckless operation of a vessel or other water device; to limit the hours of operation of personal watercraft; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," is amended by striking in their entirety paragraphs (22) and (25) of Code Section 52-7-3, relating to definitions relative to the registration, operation, and sale of watercraft, and inserting in lieu thereof new paragraphs (22) and (25) to read as follows:
"(22) 'Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this article which results in loss of life, injury sufficient to cause incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of $200.00 $500.00."
"(25) 'Vessel' means every description of watercraft, other than a seaplane on the water er a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable raftst provided, however,
C\_*<_(f\jAurc\ oQufurLtiifu\ti\i uKOs ,7t_~1J-_OQj rirenllanjt-ilnncgr TtnO rriuiliocos trw\f tLhIInC irru>na<u^ TfTnJTr huru>nntt fi/rrntrffniirU*) aoViicininll TKOTfi? nojn^njljiifinctViuilinc
te sailboards."
Section 2. Said article is further amended by striking in its entirety subsection (d) of Code Section 52-7-8, relating to the classification of vessels and required equipment, and inserting in lieu thereof the following:
"(d) Lifesaving devices. (1) every vessel 9infill DC cQUippcd witri trie following nunnDor dud type &t person&t
flotation devices: \A/ Erve?y oiflss A vessel stidii csrry ftDOQFd, &t flii time&j ft* leost one i ypc 17
videdj however, i"ype ~V- \iiyDrid/ devices flpe scccptsoie only wnen worn &nd securely fastened;
(B) Every Class i^, -, ad 3 vessel shall eany aboard, at all times; be equipped with at least one Type I, II, III, or V (hybrid) personal flotation device for each person on board; provided, however, Type V (hybrid) devices are acceptable only when worn and securely fastened. In addition to the individual personal flotation device, each vessel ef Clasa 1; % an4 3j except for personal watercraft, as such term is defined in subsection (a) of Code Section 53-7-8.2, must carry at all times be equipped with at least one Type IV (throwable) device. (2) No person may use a vessel upon the waters of this state unless the personal flotation devices as required in paragraph (1) of this subsection are readily accessible to the occupants of the vessel, are in good and serviceable condition, are legibly marked with the United States Coast Guard approved number, and are of an appropriate size for the occupants of the vessel for whom they are intended; provided, however, that provisions of this subsection shall not apply to racing sculls, racing shells, and racing sweeps."
Section 3. Said article is further amended by striking subsections (c) and (d) of Code Section 52-7-8.2, relating to restrictions on the operation of personal watercraft, in their entirety and inserting in lieu thereof new subsections (c) and (d) to read as follows:

TUESDAY, MARCH 8, 1994

1971

"(c) No person shall rent, lease, or let for hire a personal watercraft to any person under the age of i& 16 years; provided, however, that personal watercraft may be rented, leased, or let to a person between the ages ef age 12 and- through 15 years if such person is accompanied by and under the direct supervision of an adult 18 years of age or older. Such person shall be under direct supervision if he or she is within sight or hearing distance of the adult.
(d) No person shall operate a personal watercraft on the waters of this state between the hours fre one-half hour after sunset te one half hour or before sunrise."
Section 4. Said article is further amended by inserting at the end of Code Section 52-7-8.2, relating to restrictions on the operation of personal watercraft, the following:
"(k) It shall be unlawful for any person to operate a personal watercraft on the waters of this state while towing a person or persons on water skis, aquaplanes, surfboards, tubes, or any similar device; provided, however, that the provisions of this subsection shall not apply to any personal watercraft designed by the manufacturer to carry three or more persons, provided that such personal watercraft has on board a competent observer in addition to the operator at any time that a person is being towed.
(1) On and after July 1, 1995, no person under the age of 16 years shall operate a personal watercraft on the waters of this state; provided, however, that a person age 12 through 15 years may operate a personal watercraft if he or she has successfully completed a personal watercraft safety program approved by the department; if an adult 18 years of age or older is aboard the vessel and such adult is not in violation of the provisions of Code Section 52-7-12, relating to the operation of vessels and other devices under the influence of alcohol or drugs; or if he or she is under the direct supervision of an adult 18 years of age or older who is not under the influence of alcohol or drugs as provided in Code Section 52-7-12. Such person shall be under direct supervision if he or she is within sight or hearing distance of the adult. The department may, but shall not be required to, conduct or provide personal watercraft safety courses to the public.
(m) On and after July 1, 1995, it shall be unlawful for any person to cause or knowingly permit such person's child or ward who is less than 12 years of age or the child or ward of another over which such person has a permanent or temporary responsibility of supervision if such child or ward is less than 12 years of age to operate a personal watercraft.
(n) It shall be unlawful for any person to cause or knowingly permit such person's child or ward who is age 12 through 15 years or the child or ward of another over which such person has a permanent or temporary responsibility of supervision if such child or ward is age 12 through 15 years to operate a personal watercraft unless such child or ward has either successfully completed a personal watercraft safety program approved by the department; is accompanied aboard the vessel by an adult 18 years of age or older who is not in violation of the provisions of Code Section 52-7-12, relating to the operation of vessels and other devices under the influence of alcohol or drugs; or is under the direct supervision of an adult 18 years of age or older who is not under the influence of alcohol or drugs as provided in Code Section 52-7-12. The department may, but shall not be required to, conduct or provide personal watercraft safety courses to the public."
Section 5. Said article is further amended by striking in their entireties subsections (i) and (j) of Code Section 52-7-12, relating to operation of vessels, water skis, aquaplanes, and surfboards while under the influence of alcohol or drugs, and inserting in lieu thereof the following:
"{i) Ne person shall operate any vessel manipulate any water s4B9; aquaplane, surfboard, ef similar device rccltlcaa er negligent manner se as te endanger the life;
fy (i) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol or drugs."

1972

JOURNAL OF THE HOUSE,

Section 6. Said article is further amended by inserting a new Code Section 52-7-12.1, after Code Section 52-7-12, to read as follows:
"52-7-12.1. Any person who operates any vessel or manipulates any water skis, aquaplane, surfboard, tube, or similar device in reckless disregard for the safety of persons or property commits the offense of reckless operation of a vessel or other water device."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Cox of the 160th moves to amend the Committee substitute to HB 601 as follows:
Page 2 - lines 17 - 28:
Restore original language and delete on line 28 "be equipped with".

The following amendment was read and ruled out of order:

Representative Smith of the 109th moves to amend the Committee substitute to SB 601 as follows:
On page 2 strike Section 2 in its entirety.
Renumber accordingly.

The following amendment was read and lost:

Representative Evans of the 28th moves to amend the Committee substitute to SB 601 as follows:
Strike page 4 line 32 "The dept. may,".
Strike page 5 line 1 & 2.

The following amendment was read and adopted:

Representative Reichert of the 126th moves to amend the Committee substitute to SB 601 as follows:
P. 6 line 11 add before the period "in violation of OCGA 52-7-12."

The following amendment was read:

Representative Bannister of the 77th moves to amend the Committee substitute to SB 601 as follows:
Place a period after the word (sight), on page 3 line 30 and delete wording (or hearing distance of the adult).
And do the same to wording on page 4 line 31 & 32.

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

TUESDAY, MARCH 8, 1994

1973

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

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

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

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

On the adoption of the amendment, the ayes were 64, nays 102. The amendment was lost.

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

The following amendment was read:
Representative Smith of the 174th moves to amend the Committee substitute to SB 601 as follows:
Beginning on line 16, page 5, after the word "ward" delete "has either successfully completed a personal watercraft safety program approved by the department;".

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
Bargeron Barnes
N Bates
N Benefield
N Birdsong
Y Bordeaux
N Bostick
Y Breedlove
N Brooks, D
N Brooks, T
Y Brown
Y Buck N Buckner Y Bunn

Y Burkhalter
Y Byrd
N Campbell
Y Canty
Carlisle
N Carrell
N Carter N Cauthorn N Chambless Y Chandler N Channell
N Childers Y Clark N Coker Y Coleman, B N Coleman, T Y Colwell N Connell
N Cox N Crawford

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

N Groover N Hammond N Hanner
N Harris, B Y Harris, M NHart N Heard Y Hegstrom Y Hembree N Henson N Holland N Holmes Y Howard N Hudson Y Hughes N Hugley N Irvin N James Y Jamieson N Jenkins

Y Johnson, D.H Y Johnson, E
N Johnson, G
Y Johnson, J
Y Johnston
N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly N Lane, D Y Lane, R Y Lawrence Y Lawson NLee Y Lewis YLord Y Lucas

1974

JOURNAL OF THE HOUSE,

N Maddox
Y Mann
N Martin Y McBee N McClintun N McKinney N Milam Y Mills Y Mobley, B N Mobley, J Y Moore Y Mosley Y Mueller E Oliver N O'Neal
N Orrock

N Padgett E Parham
N Parrish N Patten Y Pelote Y Perry Y Pinholster N Poag N Polak Y Porter N Poston Y Powell N Purcell, A N Purcell, B N Randall N Randolph

NRav N Reaves N Reichert
Y Roberts N Royal N Scoggins
Shanahan N Sherrill Y Shipp N Simpson
Sinkfield N Skipper
N Smith, C
Y Smith, L
N Smith, P
Y Smith, T

Y Smith, V Y Smith, W
Smyre N Snow Y Stancil, F
Y Stancil, S N Stanley, L
Stanley, P Y Stephenson Y Streat N Taylor N Teague N Teper N Thomas
Tillman N Titus

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

On the adoption of the amendment, the ayes were 80, nays 84. 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 substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Ashe N Atkins Y Bailey Y Baker N Bannister
Y Barfoot Y Bargeron Y 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
Y Bunn
N Burkhalter
N Byrd Y Campbell Y Cantv
Carlisle Y Carrell Y Carter
Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers
N Clark Y Coker N Colernan, B N Coleman, T

N Colwell Y Connell YCox Y Crawford N Crews Y Culbreth N Cummings Y Davis, G Y Davis, M Y Dickinson NDix
Y Dixon, H N Dixon, S
Dobbs N Ehrhart YEpps N Evans N Felton Y Floyd, J.M N Floyd, J.W N 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 N Hughes Y Hugley Y Irvin Y James N Jamieson Y Jenkins
N Johnson, D.H
N Johnson, E Y Johnson, G N Johnson, J
Y Johnston Y Jones N Joyce N Kaye Y Kinnamon N Klein YLadd N Lakly Y Lane, D N Lane, R Y Lawrence
N Lawson
N Lee N Lewis N Lord
Y Lucas N Maddox N Mann Y Martin Y McBee N McClinton Y McKinney
Y Milam
N Mills

N Moblev, B Y Mobley, J Y Moore N Mosley Y Mueller E Oliver
Y O'Neal Y Orrock Y Padgett E Parham N Parrish Y 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 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
N Smith, T Y Smith, V N Smith, W Y Smyre YSnow Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P N Stephenson N Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman
Y Titus N Towery
Y Trense Turnquest
N Twiggs N Vaughan Y Walker
Y Wall Y Watson Y Watts N Westmoreland
White Y Williams, B N Williams, R N Yates E Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 117, nays 55.
The Bill, having received the requisite constitutional majority, was passed, by substitute,!, as amended.

TUESDAY, MARCH 8, 1994

1975

SR 386. By Senator Hooks of the 14th: A resolution designating the Ward Edwards Bridge.

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

Y Ashe Y Atkins
Y Bailey Y Baker Y Bannister
Y Barfoot 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 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 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 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 Lane, R 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 Moblev, 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 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
Smith, V 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 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
Yates E Yeargin
Y Murphy, Spkr

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

Mr. Speaker: The Senate has disagreed to the House amendment to the following Bill of the Senate:

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 Annotated, relating to local family and children services, so as to change the composition, qualifications, and manner of selecting county boards of family and children services; to provide for terms and vacancies; to provide for a chairperson and vice chairperson; to provide for compensation and expenses; to provide for effective dates.

1976

JOURNAL OF THE HOUSE,

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

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 Annotated, relating to participation in or contribution to political campaigns by employees of the Department of Public Safety, so as to provide for an exception; 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 Speaker announced the House in recess until 1:30 o'clock this afternoon.

TUESDAY, MARCH 8, 1994

1977

AFTERNOON SESSION

The Speaker called the House to order.
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 464 Do Pass, by Substitute
Respectfully submitted, Is/ Sinkfield of the 57th
Chairman
Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 497 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman
Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1045 Do Pass HR 1078 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

1978

JOURNAL OF THE HOUSE,

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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Walker of the 22nd, Robinson of the 16th and Hooks of the 14th.

The Senate has agreed to the House substitute, as amended by the Senate, to the following Bill of the Senate:

SB 62. By Senators Henson of the 55th, Thompson of the 33rd, Ragan of the 32nd and Dawkins of the 45th:
A bill to amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, so as to change the provisions relating to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date.

The following Resolutions of the House were read and adopted:

HR 1110. By Representative Sherrill of the 62nd: A resolution recognizing and commending Jenny Conner.

HR 1111. By Representatives O'Neal of the 75th and Bunn of the 74th: A resolution commending and recognizing Dr. Joyce Chandler.

HR 1112.

By Representatives Teague of the 58th, Holmes of the 53rd, Sinkfield of the 57th, Stanley of the 49th, Brooks of the 54th and others:
A resolution commending Melvin R. Webb, Ph.D. and the Clark Atlanta University Prism-D Program.

HR 1113.

By Representatives Kaye of the 37th, Hembree of the 98th, McKinney of the 51st, Purcell of the 9th, Yates of the 106th and others:
A resolution expressing appreciation to Georgia's veterans of foreign wars and conflicts.

HR 1114.

By Representatives Godbee of the 145th, Floyd of the 172nd, Milam of the 130th, Murphy of the 18th, Lane of the 55th and others:
A resolution commending Honorable Clinton Oliver and wishing him a speedy recovery.

HR 1115. By Representative Purcell of the 9th: A resolution commending Mrs. Sandra N. Owen.

HR 1116. By Representatives O'Neal of the 75th and Bunn of the 74th:
A resolution commending the Memorial Middle School Lady Seminoles basketball team.

TUESDAY, MARCH 8, 1994

1979

HR 1117.

By Representatives Teague of the 58th, Stanley of the 50th, Brooks of the 54th, Holmes of the 53rd, McKinney of the 51st and others:
A resolution relating to a mentoring program by the Georgia Association of Black Elected Officials.

HR 1118. By Representatives Colwell of the 7th, Twiggs of the 8th, Dobbs of the 92nd, Bargeron of the 120th, Purcell of the 9th and others:
A resolution commending and recognizing Honorable Glenn Gooch.

HR 1119. By Representatives Ray of the 128th and James of the 140th: A resolution honoring Billy Joyner.

HR 1120. By Representative Pinholster of the 15th: A resolution commending Reverend Hoyt Edwin Jenkins.

HR 1121. By Representative Sherrill of the 62nd: A resolution commending David Hungeling.

HR 1122. By Representative Sherrill of the 62nd: A resolution recognizing and commending Harry Rossoll.

HR 1123. By Representative Greene of the 158th:
A resolution recognizing and commending the Randolph Southern School Lady Patriots basketball team.

HR 1124. By Representative Murphy of the 18th: A resolution commending Rhubarb Jones.

HR 1126. By Representative Coleman of the 142nd:
A resolution designating "Thaxton Lane" at Little Ocmulgee State Park in McRae, Georgia.

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

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 service to the State of Georgia and inviting him to appear and be recognized before the House of Representatives.

HR 1078. By Representative Stancil of the 91st:
A resolution recognizing and commending Matt Buck and inviting him to the House of Representatives.

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

1980

JOURNAL OF THE HOUSE,

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 Annotated, relating to grounds and procedure for terminating or suspending contract 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.
The following amendment was read and adopted:
The Committee on Education moves to amend SB 554 by striking "; provided, however, that such" and inserting "if the" on lines 9 and 10 of page 2.
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 Ashc Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Bates Y Benefield
Birdsong Y Bordeaux N Bostick Y Breedlove
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
Childers
Y Clark Y Coker Y Coleman, B
Coleman, T

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

Howard
Y Hudson Hughes
Y Hugley Y Irvin Y James
Jatnieson 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
Lakly Y Lane, D
Lane, R 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 E Oliver Y O'Neal Y Orrock Y Padgett E Parham
Parrish Y Patten
Pelote Perry Y Pinholster YPoag Y Polak Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B Randall
Y Randolph Ray Reaves
Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan
Sherrill Y 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 Stancil, S Stanley, L Stanley, P
Y Stephenson Y Streat Y Taylor
Teague Y Teper
Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs Y Vaughan Walker Y Wall Watson Watts
Y Westmoreland White
Y Williams, B
Y Williams, R Y Yates E Yeargin
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 113, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 Annotated, 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.

TUESDAY, MARCH 8, 1994

1981

The report 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.

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.

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 Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to provide that a written statement prominently setting forth in bold type the time period during which a guest may occupy an assigned room, when separately signed or initialed by the guest, shall be a valid and enforceable nonassignable contract; to provide that upon the expiration of such time period, the guest may be restrained from entering the assigned room; to provide that the property of such a guest may be removed by the innkeeper to a secure place where the guest may recover his or her property without liability to the innkeeper, except for damages or losses to such property attributable to its removal; to provide that if a guest vacates his or her room prior to the date contained in the written statement, that guest shall not be liable for charges for the time after the room is vacated unless the guest has agreed otherwise before occupying the room; 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 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, is amended by adding, following Code Section 43-21-3.1, a new Code Section 43-21-3.2 to read as follows:
"43-21-3.2. A written statement prominently setting forth in bold type the time period during which a guest may occupy an assigned room, when separately signed or initialed by the guest, is a valid nonassignable contract. At the expiration of such time period, the guest may be restrained from entering such room and any property of the guest may be removed by the innkeeper to a secure place where the guest may recover his or her property without liability to the innkeeper, except for damages to or loss of such property attributable to its removal. If a guest vacates his or her room prior to the date contained in the written statement, that guest shall not be liable for charges for the time after the room is vacated unless the guest has agreed otherwise before occupying the room."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 107, nays 0.

1982

JOURNAL OF THE HOUSE,

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

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.

The following Committee substitute was read and adopted:

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; to provide for an accurate survey and mapping of said boundary; to provide for an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia, pursuant to a grant of its motion for leave to file in August, 1977, filed its complaint against the State of South Carolina in the United States Supreme Court pursuant to Article III, Section 2, Clause 2 of the United States Constitution as a result of the prolonged dispute between the two states over the location of their common boundary along the lower reaches of the Savannah River, the river's mouth, and their lateral seaward boundary;
WHEREAS, the Honorable Walter E. Hoffman, Senior Judge of the United States District Court for the Eastern District of Virginia, was appointed Special Master by the U.S. Supreme Court;
WHEREAS, the State of South Carolina in due course filed its answer and counterclaims;
WHEREAS, the Special Master filed his First Report to the Court on March 20, 1986, and his Second and Final Report to the Court on March 30, 1989, to which each state filed exceptions;
WHEREAS, the United States Supreme Court rendered its decision in Georgia v. South Carolina, No. 74, Orig., decided June 25, 1990, directing the states to prepare an appropriate proposed decree and retaining jurisdiction to entertain such further proceedings as may be necessary or advisable;
WHEREAS, the matter remains pending before the United States Supreme Court;
WHEREAS, on May 21, 1991, the states and the United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) contracted for a survey of the boundary area involved and the mapping and placement of appropriate markers to define the boundary;
WHEREAS, NOAA reported its progress and difficulties to the two states on October 20, 1992;
WHEREAS, the landforms upon which the U.S. Supreme Court based its decision have shifted by erosion and accretion since the time of the first scientifically accurate survey of the area in 1855, causing the boundary based upon these landforms to meander across the Savannah River;

TUESDAY, MARCH 8, 1994

1983

WHEREAS, the states have met and proposed a boundary based upon the present landforms and navigable channel as a basis for agreement and establishment as the boundary by compact between the states, subject to the consent of the Congress of the United States pursuant to Article I, Section 10 of the United States Constitution;
WHEREAS, the states desire to provide for an accurate survey and mapping of said boundary.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to the boundaries and jurisdiction of the state, is amended by striking in its entirety Code Section 50-2-1, relating to boundaries of the state generally, and inserting in lieu thereof a new Code Section 50-2-1 to read as follows:
"50-2-1. The boundaries of Georgia, as deduced from the Constitution of Georgia, the Convention of Beaufort, the Articles of Cession and Agreement with the United States of America entered into on April 24, 1802, the Resolution of the General Assembly dated December 8, 1826, and the adjudications and compromises affecting Alabama1 and Florida, and South Carolina are as follows:
From the sea, or the mouth ef the River Savannah, at the point where the northern edge of the navigable channel of the River Savannah intersects a point three geographical miles east of the ordinary low water mark, generally along the northern edge of the navigable channel up the River Savannah, along the northern edge of the sediment basin to the Tidegate, thence along the stream thereof to the fork or confluence made by the Rivers Keowee and Tugalo, and thence along said River Tugalo until the fork or confluence made by said Tugalo and the River Chattooga, and up and along the same to the point where it touches the northern boundary line of South Carolina, and the southern boundary line of North Carolina, which is at a point on the thirtyfifth parallel of north latitude, reserving all the islands in said Rivers Savannah, Tugalo, and Chattooga, except for the Barnwell Islands and Oyster Bed Island in the Savannah, to Georgia; thence on said line west, to a point where it merges into and becomes the northern boundary line of Alabama it being the point fixed by the survey of the State of Georgia, and known as Nickajack; thence in a direct line to the great bend of the Chattahoochee River, called Miller's Bend it being the line run and marked by said survey; and thence along and down the western bank of said Chattahoochee River, along the line or limit of high-water mark, to its junction with the Flint River; thence along a certain line of survey made by Gustavus J. Orr, a surveyor on the part of Georgia, and W. Whitner, a surveyor on the part of Florida, beginning at a fore-and-aft tree about four chains below the present junction; thence along this line east, to a point designated 37 links north of Ellicott's Mound on the St. Marys River; thence along the middle of said river to the Atlantic Ocean, and extending therein three geographical miles from ordinary low water along those portions of the coast and coastal islands in direct contact with the open sea or three geographical miles from the line marking the seaward limit of inland waters; thence running in a northerly direction and following the direction of the Atlantic Coast to SL point' oppositc tiic moutfi, of inlet, t sftid ofl.vflnnfl.ii txivcrj sriu IPoift tricncc BO1 tnc mouth er inlet ef- saM Savannah River, to the point where the northern edge of the navigable channel of the River Savannah intersects a point three geographical miles east of the ordinary low water mark, the place of beginning; including all the lands, waters, islands, and jurisdictional rights within said limits; and also all the islands within 30 marine leagues three geographical miles of the seacoast."
Section 2. Said article is further amended by striking in its entirety Code Section 50-2-2, relating to the boundary between Georgia and South Carolina, and inserting in lieu thereof a new Code Section 50-2-2 to read as follows:
"50-2-2. The boundary between Georgia and South Carolina shall be the line described as running from the mouth of the River Savannah, up said river and the Rivers Tugalo and Chattooga, to the point where the last-named river intersects with the

1984

JOURNAL OF THE HOUSE,

thirty-fifth parallel of north latitude, conforming as much as possible to the line agreed on by the commissioners of said states at Beaufort on April 28, 17872 except for the Barnwell Islands and the Oyster Bed Island in the River Savannah; provided, however, that the boundary along the lower reaches of the Savannah River, and the lateral seaward boundary, shall be more particularly described as being:
BEGINNING at a point 32 degrees 07 minutes 00 seconds North Latitude and 81 degrees 07 minutes 00 seconds West Longitude, located in the Savannah River, and proceeding in a southeasterly direction down the thread of the Savannah River equidistant between the banks of the River on Hutchinson Island and on the mainland of South Carolina, including the small downstream island southeast of the aforesaid point, at ordinary stage, until reaching the vicinity of Pennyworth Island;
Proceeding thence easterly down the thread of the northernmost channel of the Savannah River as it flows north of Pennyworth Island, making the transition to the said northernmost channel using the triequidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank, thence to the thread of the said northernmost channel equidistant from the
South Carolina mainland bank and Pennyworth Island at ordinary stage, around Pennyworth Island;
Proceeding thence southeasterly to the thread of the northern channel of the Savannah River equidistant from the Georgia bank on Hutchinson Island and the
South Carolina mainland bank, making the transition utilizing the triequidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank;
Proceeding thence southeasterly down the thread of the Savannah River equidistant
from the Hutchinson Island and South Carolina mainland banks of the river at ordinary stage, through the tide gates, until intersecting the northwestern (farthest
upstream) boundary of the 'Back River Sediment Basin,' as defined in the 'Annual Survey - 1992, Savannah Harbor, Georgia, U.S. Coastal Highway, No. 17 to the Sea,'
U.S. Army Corps of Engineers, Savannah District, as amended by the Examination Survey - 1992 charts for the Savannah Harbor Deepening Project, Drawings No. DSH 112/107, (hereinafter the 'Channel Chart');
Proceeding thence along the said northwestern boundary to its intersection with the
northern boundary of the Back River Sediment Basin, in a generally southeasterly direction until said boundary intersects the northern boundary of the main navigational channel as depicted on the Channel Chart at the point designated as
SR-34 (Georgia State Grid, East Zone, 1927 NAD, coordinates x = 849479.546, y=759601.757);
Proceeding thence toward the mouth of the Savannah River along the northern boundary of the main navigational channel at the new channel limit as depicted on the Channel Chart, via Oglethorpe Range through point SR-33 (coordinates x = 853126.849, y = 761229.575), Fort Jackson Range through point SR-32 (coordinates
x = 854568.183, y = 762555.255), the Bight Channel through points SR-31 (coordinates x = 855854.367. y=765145.946), SR-30 (coordinates x = 857363.583, y=766237.604),
SR-29 (coordinates x = 858471.561, y = 766530.527), SR-28 (coordinates x = 859881.928, y=766491.887), and SR-27 (coordinates x = 861359.826. y = 765804.794), Upper Flats
Range through point SR-26 (coordinates x = 863655.959, y = 763821.629), Lower Flats Range through points SR-25 (coordinates x = 865361.347, y=759910.744), SR-24 (coor-
dinates x = 866413.099, y = 758260.171), SR-23 (coordinates x=867339.230, y = 757647.194), SR-22 (coordinates x = 870024.011, y = 756511.390), and SR-21 (coordi-
nates x=873855.646, y = 755906.677), Crossing Range through points SR-20 (coordinates x = 875581.821. y = 754992.833), and SR-19 (coordinates x = 884667.253,
y = 744780.789) and New Channel Range around the Rehandling Basin, and along the northern boundary of the Oyster Bed Island Turning Basin through point SR-16
(coordinates x = 894907.977, y = 742529.752), to the easternmost end of Oyster Bed Island at Navigational Buoy R '24';
Proceeding thence from Navigational Buoy R '24' easterly along the mean low water line of Oyster Bed Island to the point at which the mean low water line of Oyster Bed
Island intersects the Oyster Bed Island Training Wall;

TUESDAY, MARCH 8, 1994

1985

Proceeding thence along the southern edge of the Oyster Bed Island Training Wall until reaching the Jones Island Range line;
Proceeding thence southeasterly along the Jones Island Range line until reaching the northern boundary of the main navigational channel as depicted on the Channel Chart;
Proceeding thence southeasterly along the northern boundary of the main navigational channel as depicted on the Channel Chart to Navigational Buoy R '6,' via Jones Island Range and Bloody Point Range; and finally
Proceeding thence in an easterly direction from Navigational Buoy R '6' in a straight line forming the seaward lateral boundary line to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States, said boundary line bearing approximately 104 degrees from magnetic north, the bearing of said line being more particularly described as being at right angles to the baseline from the southernmost point of Hilton Head Island and the northernmost point of Tybee Island, drawn by the Baseline Committee in 1970. Provided, however, that the boundary shall be as more particularly shown by reference to the United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) GPS coordinates on a map to be prepared by NOAA as_ a part of the survey commissioned by the States of Georgia and South Carolina in order to locate this boundary. In case of any conflict between the verbal description set forth hereinabove and the map locating the boundary with reference to GPS points, the location shown on the map shall prevail. Provided, further, that nothing herein shall in any way be deemed to govern or affect in any way the division between the states of the remaining assimilative capacity, that iSj the capacity to receive wastewater and other discharges without violating water quality standards, of the portion of the Savannah River described herein."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that this Act shall not become effective until and unless the Congress of the United States shall ratify, confirm, adopt, or otherwise consent thereto.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 112, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may by general law approved by two-thirds of the members thereof provide for

1986

JOURNAL OF THE HOUSE,

mandatory service of sentences for persons convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and, when so provided by such Act, the State Board of Pardons and Paroles shall not have the authority to consider such persons for pardon, parole, or commutation during that portion of the sentence; to provide that the General Assembly in the same manner may provide for the imposition of sentences of life without parole for persons convicted of murder and for persons who have been previously convicted of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and who subsequently commit and are convicted of one of such offenses and to prohibit such board from granting a pardon, parole, or commutation in such cases; to provide for the ratification and approval of certain previously enacted laws; to provide exceptions with respect to a person convicted of a crime who is subsequently determined to be innocent of said crime or is determined to be medically incapacitated and to provide an exception with respect to certain elderly persons; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IV, Section II, Paragraph II of the Constitution is amended by striking subparagraphs (b) and (e) in their entirety and inserting in lieu thereof new subparagraphs (b) and (e) to read as follows:
"(b) (1) When a sentence of death is commuted to life imprisonment, the board shall not have the authority to grant a pardon to the convicted person until such person has served at least 25 years in the penitentiary; and such person shall not become eligible for parole at any time prior to serving at least 25 years in the penitentiary.
te consider such person for pardon F parole until such person kas served at least five years m th penitentiary.
(2) The General Assembly may by general law approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote provide for minimum mandatory sentences and for sentences which are required to be served in their entirety for persons convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and, when so provided by such Act, the board shall not have the authority to consider such persons for pardon, parole, or commutation during that portion of the sentence.
(3) The General Assembly may by general law approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote provide for the imposition of sentences of life without parole for persons convicted of murder and for persons who having been previously convicted of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery or having been previously convicted under the laws of any other state or of the United States of a crime which if committed in this state would be one of those offenses and who after such previous conviction subsequently commits and is convicted of one of those offenses and, when so provided by such Act, the board shall not have the authority to consider such persons for pardon, parole, or commutation from any portion of such sentence.
(4) Any general law previously enacted by the General Assembly providing for life without parole or for mandatory service of sentences without suspension, probation, or parole is hereby ratified and approved but such provisions shall be subject to amendment or repeal by general law." "(e) Notwithstanding any other provisions of this Paragraph, the State Board of Pardons and Paroles shall have the authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime or to issue a medical reprieve to an entirely incapacitated person suffering a progressively debilitating terminal illness or parole any person who is age 62 or older."
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.

TUESDAY, MARCH 8, 1994

1987

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the General Assembly may by general law approved by two-thirds of of the members thereof provide for mandatory service of sentences for persons convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and, when so provided by such Act, the State Board of Pardons and Paroles shall not have the authority to consider such persons for pardon, parole, or commutation during that portion of the sentence; to provide that the General Assembly in the same manner may provide for the imposition of sentences of life without parole for persons convicted of murder and for persons who have been previously convicted of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and who subsequently commit and are convicted of one of such offenses and to prohibit such board from granting a pardon, parole, or commutation in such cases; to provide for the ratification and approval of previously enacted laws providing for limitations on suspension, probation, or parole in certain cases; and to provide exceptions with respect to a person convicted of a crime who is subsequently determined to be innocent of said crime or is determined to be medically incapacitated and to provide an exception with respect to certain elderly per-
sons?"

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 Klein of the 39th, et al. move to amend the Committee substitute to SR 395 by striking lines 2 through 7 of page 1 and inserting in their place the following:
"provide that when persons are convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, voluntary manslaughter, aggravated assault, aggravated battery, or aggravated sexual battery, the State Board of.
By striking lines 16 through 27 of page 2 and inserting in their place the following:
"(2) When a person is convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, voluntary manslaughter, aggravated assault, aggravated battery, or aggravated sexual battery, except in those cases where a person is sentenced to imprisonment for life, the board shall not have the authority to consider such person for pardon, parole, or commutation for the actual term of imprisonment ordered by the sentencing court, provided that the provisions of subparagraph (e) of this Paragraph shall apply in any such case."
By striking lines 4 through 12 of page 4 and inserting in their place the following: to provide that when persons are convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, voluntary
"( ) NO manslaughter, aggravated assault, aggravated battery, or aggravated sexual battery, the State Board of.

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

1988

JOURNAL OF THE HOUSE,

Y 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 Y Brooks, D N Brooks, T N Brown
NBuck Y Buckner Y Bunn Y Burkhalter N Byrd Y Campbell
Canty N Carlisle N Carrell Y Carter N Cauthorn N Chambless N Chandler N Channell N Childers Y Clark
Y Coker N Coleman, B
Coleman, T

N Colwell
N Connell NCox N Crawford Y Crews 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 Y Felton
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 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
N Kinnamon Y Klein YLadd Y Lakly N Lane, D N Lane, R Y Lawrence N Lawson N Lee Y Lewis NLord N Lucas Y Maddox Y Mann N Martin N McBee N McClinton
McKinney Y Milam Y Mills

N Moblev, B N Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal N Orrock
N Padgett E 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 NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson
Sinkfield N Skipper

On the adoption of the amendment, the ayes were 54, nays 110. 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 Stanley, L Stanley, P
N Stephenson N Streat N Taylor N Teague N Teper N Thomas E Tillman Y Titus Y Towery Y Trense
N Turnquest N Twiggs Y Vaughan
Walker Y Wall N Watson N Watts Y Westmoreland
White Y Williams, B Y Williams, R Y Yates E Yeargin
Murphy, Spkr

The Committee substitute was adopted.

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

Y Ashe Y Atkins
Y Bailey Y Baker
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
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 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
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 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 E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish Y Patten

TUESDAY, MARCH 8, 1994

1989

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 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 Y Thomas E 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 E Yeargin
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 165, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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 Annotated, 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 Georgia Annotated, relating to health, so as to define certain terms; to provide for penalties; to authorize more stringent local regulation.

The report of the Committee, which was favorable to the 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 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 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
Dixon, S Y Dobbs
Ehrhart
YEpps Y Evans Y Felton
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
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 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 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

On the passage of the Bill, the ayes were 157, nays 0.

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
Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas E 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 E Yeargin
Murphy, Spkr

1990

JOURNAL OF THE HOUSE,

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

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 following Committee substitute was read:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in certain elections the candidate receiving a plurality of the votes cast shall be elected; to remove provisions authorizing straight party voting other than straight party voting for presidential electors; to require voting for individual candidates other than presidential electors; to define what shall constitute a plurality; to provide that in such elections a runoff shall be held only in the case of a tie or failure to achieve a plurality; to provide an exception whereby certain constitutional officers of the state shall continue to be elected by majority vote until and unless the Constitution is amended to provide for election of such officers by plurality vote; to provide for other matters related to the foregoing; 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. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by adding between paragraphs (18) and (19) of Code Section 21-2-2, relating to definitions of terms used in the election laws, a new paragraph (18.1) to define the term "plurality" and to read as follows:
"(18.1) 'Plurality' means the receiving by one candidate alone of the highest number of votes cast in an election among the candidates for the same office provided that such number of votes exceeds 40 percent of the total number of votes cast in such election for such office. In the case where two or more persons tie in receiving the highest number of votes or no candidate receives more than 40 percent of the total votes cast in the election for the office sought there is no plurality."
Section 2. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 21-2-285, relating to the form of official election ballots, and inserting in lieu thereof a new paragraph to read as follows:
presidential electors, mark a eress (X) or eheek /) mark m the square in the party ee4umn, opposite the name ef- the party ef yew choice. To vote for presidential electors, mark a cross (X) or check (\/) mark in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. tf ye de net desire te vote a party ticket, then place Place a cross (X) or check (</) mark in the square opposite the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil."
Section 3. Said title is further amended by striking Code Section 21-2-285.1, relating to nonpartisan elections and run-off elections, and inserting in its place a new Code section to read as follows:

TUESDAY, MARCH 8, 1994

1991

"21-2-285.1. The names of all candidates nominated in the nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election of judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (v/) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a majority plurality of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates for judges are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election of judges. The candidate having a majority plurality of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
Section 4. Said title is further amended by striking paragraph (2) of Code Section 21-2-322, relating to general requirements as to voting machines, and inserting in lieu thereof a new paragraph to read as follows:
"(2) It shall permit each elector, at other than primaries, to vete a straight party or Dody ticitet) witii trie exception of Cflndiufltcs for tiic offices of presidential electors, ffi ene operation; in one operation, to vote for all the candidates of one party or body for presidential electors; andr in ene operation, to vote for att the candidates ef- ene party of Dody ior every oftice TO i&e voted lor except tnosc offices fts to winch fte votes fOP individual candidates and the offices ef presidential electors;".
Section 5. Said title is further amended by striking subsection (g) of Code Section 21-2-325, relating to the form of ballot labels generally, and inserting in lieu thereof a new subsection to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column; to tne left er
in ene operation, veto for afi the candidates ef that party ef body for every office to be voted fory with the exception ef candidates for the offices ef- presidential electors. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall appear on a separate portion of the voting machine in the form

1992

JOURNAL OF THE HOUSE,

and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'"
Section 6. Said title is further amended by striking paragraph (2) of Code Section 21-2-350, relating to general requirements as to vote recorders, and inserting in lieu thereof a new paragraph to read as follows:
"(2) It shall permit each elector, at other than primaries, te vote a straight party er
ee operation per ballot eardf and in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors; er; in ene operation per ballot cflrd) T vote ior fill tfic cftridid&tes ot one pftPty OP oody top every oitice to oe voted tor
presidential electors;".
Section 7. Said title is further amended by striking Code Section 21-2-416, which reads as follows:
"21-2-416. Notwithstanding any other provisions of this chapter to the contrary, an elector voting by paper ballots or by vote recorder may cast his vote in elections in any one of the following ways and his vote shall be counted as provided in this Code section:
(1) He may vote for each candidate individually as provided in this chapter; (2) He may vote a straight political party or body ticket as provided in this chapter; or (3) He may vote a 'modified straight party ticket' by casting in combination a straight party vote, in the manner provided in paragraph (2) of this Code section, and a vote or votes for individual candidates, in the manner provided in paragraph (1) of this Code section, which shall constitute a valid vote for every candidate of the political party or body designated, except candidates for the offices of presidential electors and those offices as to which he has indicated a choice for individuals other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated.", and inserting in lieu thereof the following: "21-2-416. Reserved."
Section 8. Said title is further amended by striking subsection (b) of Code Section 21-2-438, relating to ballots identifying voter, not marked, or improperly marked declared void, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) At elections, any ballot marked by any other mark than a cross (X) or check (\/) mark in the spaces provided for that purpose shall be void and not counted; provided, however, that no vote recorded thereon shall be declared void because a cross (X) or check (v) mark thereon is irregular in form. A cross {X} or check ^/) mark in the square opposite tne oftine OT ft politics! pftpty OP Dody ift tftc pQPty or oouy column sfttm oe
ef candidates for the offices ef presidential electors. A cross (X) or check (</) mark in the square opposite the names of the nominees of a political party or body for the offices of President and Vice President shall be counted as a vote for every candidate of that party or body for the offices of presidential electors. Any erasure, mutilation, er defective markingef-the straight party er body column at general elections shall render the entire ballot
umn, in wnieh ease the vete er votes fef auch candidatca eniy ahall be counted. Any ballot indicating a write-in for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 212-133 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check (%/) mark is placed before the name of such person."
Section 9. Said title is further amended by striking subsection (c) of Code Section 21-2-452, relating to admission of electors to enclosed space, voting procedure generally, procedure as to write-in votes, voting by electors whose right to vote is challenged, and

TUESDAY, MARCH 8, 1994

1993

paper ballots for handicapped voters, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) At primaries or elections, he an elector shall vote for each candidate individually by operating the key, handle, pointer, or knob upon or adjacent to which the name of such candidate is placed. At elections, he may vete fer eaeh candidate individually by-
didatcs ef his choice are placed or he may vote a straight political party or body ticket t_witiv tiie exception of cdRuid&t/e9 tor tne onices ot presidentifli electors/ m one operfltion Dy operft11n tne str&ignt poiit-icfti pflrty OF Dody lever ot tnc potiticfti psFty or oocty of

Dody oy replscin tne individu&i Key> Rsndiej pointeFj OP KnoD of sucn cftndid&te find nifty thereupon vote tor s csndidfltc of sinotner pftpty OF oooy IOT tne s&me office oy oper&ting tne Key, n&ndie, pointer) OF KnoD upon OF fldjflccnt TO wnicn tne nQme ot sucn candidate appears. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer, or knob corresponding to the answer which he or she desires to give."
Section 10. Said title is further amended by striking subsection (a) of Code Section 21-2-498, relating to the Constitutional Officers Election Board, and inserting in its place a new subsection to read as follows:
"(a) On the Tuesday next following the general election or general election runoff if any, the Secretary of State shall transmit the returns for the elections for constitutional officers to the Constitutional Officers Election Board, which shall be composed of the Speaker and the Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman chairperson of each standing committee of the General Assembly. The Speaker of the House shall act as the chairman chairperson of such board. On said date, the chairman chairperson shall convene such board at such time and place as he the Speaker of the House shall determine, after having given due notice thereof to all members of the board and the candidates for constitutional offices. Each candidate shall be entitled to designate one person to be present at the opening of the returns. Such board shall open and publish the returns of each such election. The person having the majority plurality of the whole number of votes in each election shall be declared duly elected, and certified returns shall be made by the Constitutional Officers Election Board and filed with the Secretary of State."
Section 11. Said title is further amended by striking Code Section 21-2-501, relating to the requirement of receipt of a majority vote as a condition of nomination or election, and inserting in its place a new Code section to read as follows:
"21-2-501. (a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. 3% be elected to the office ef prcaidcntial electors, rte slate ot c&ncxiddtes ot &ny poiitic&l pflrty OF oody sn&n be rep^uiped TO receive ~fl mftjonty of tne votes cflstj out tnst si&te ot cftnd idstes ot ti poiittctti psrty OF oody sn&n DC elected
candidate receives a majority of the votes cast, a run-off primary or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or special election runoff shall be held on the twenty-first day after the day of holding the preceding primary or special election, provided that unless postponed by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or special election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the

1994

JOURNAL OF THE HOUSE,

highest number of the votes cast in such run-off primary or special election runoff to fill the nomination or public office he such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the special election run-off election ballot in the independent column. The run-off primary or run-off special election runoff shall be a continuation of the primary or special election for the particular office concerned, and only the electors who were entitled to vote in the primary or special election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such run-off primary or run-off special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235.
\o) ift trie event no eftndidftte for trie otiicc ot \j ovepnop, i_iieutenflnt vrovepnoFj oecre~ tftpy ot Dtflte^ Attorney \j enercti; otftte ocnooi superintendent, oommissionep of insup*
whole number of votes east in the general election, the Constitutional Officers Election D0tffx 9iifiil continue tiie election IOF tne office ift wnicft no CEindidQtc received ft mftjop ' tty by immediately calling a run-off election ad designating a* candidates therein the

run oil election sn&n oe field* on tne third ~A uesdfly immcdifltely following tfte ^enepfil election, "t ne run~otf election srisii De ft continustion ot tne ^enepfti election tor tne psp~
election top cftndid&tes fop tn&t pftrticuiflr office sriQll i&e entitled to vote tnepeinj find only those votes east for the persons designated by the Constitutional Officers Election Beard as candidates in such run-off election shall be counted in the tabulation and eanvass ef the votes cast. ^Fhe provisions ef Code Section 21 2-408 relating te the convening ef the Constitutional Officers Election Board, transmission ef the returns in the general election, and the opening ef- the returns, their tabulation, canvassing, an4 publication shall apply te the run-off elections provided for by this oubacction. Oft the Tuesday nest following tne run-ott election, tne Constitutional \Jiiiccrs cjlcction ooard snail convene, open, canvass, tauulatc, and puolisn tnc returns et tne run-on election er elections, l tie person having the highest number of votes entitled te be counted in the run-off election for each ef such offices shall be declared dly elected. To be elected to public office in a general election, a candidate must receive a plurality of the votes cast in an election to fill such public office.
(c) In the event that no candidate receives a plurality of the votes cast in a general election or more than one candidate in a general election, special election runoff, or runoff primary receives the highest number of votes cast, a runoff of the general election, special election runoff, or run-off primary between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such runoff shall be held on the twenty-first day after the day of holding the preceding general election, special election runoff, or run-off primary; provided that, unless postponed by court order, a runoff resulting from a special election runoff or a special primary runoff shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special election runoff or special primary runoff, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in such runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such runoff to fill the nomination or public office such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot m the independent column. The runoff of a run-off primary or special election runoff shall be a
continuation of the primary or special election for the particular office concerned; and the run-off election of a general election shall be a continuation of the general election
for the particular office concerned, and only the electors who were entitled to vote for

TUESDAY, MARCH 8, 1994

1995

that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235.
(d) Until and unless Article V, Section II, Paragraph VIII(b) of the Constitution is amended so as to provide for plurality election of the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor, such officers shall continue to be elected by majority vote as provided by the law in effect prior to July 1^ 1994."
Section 12. Said title is further amended by striking subsections (a) and (b) of Code Section 21-2-502, relating to certification of election, and inserting in their place new subsections to read as follows:
"(a) The pewen persons receiving a majority the required number of the votes for to be elected to the respective offices named in subparagraph (A) of paragraph (4) of Code Section 21-2-497 shall be declared elected thereto, and certificates of election shall be made by the Constitutional Officers Election Board and issued to each person so elected. The Secretary of State shall lay the certified returns filed with him or her by the Constitutional Officers Election Board before the Governor upon his or her oath of office as Governor; and the Governor, upon the other constitutional officers taking their oaths of office, shall issue a commission under the great seal of the State of Georgia signed by the Governor and countersigned by the Secretary of State, to each such person. The Secretary of State shall issue the commission to the person elected Governor,
(b) (1) Upon completing the tabulation of any election for United States senator or representative in Congress, the Secretary of State shall lay the same before the Governor, who shall immediately issue certificates of election and commissions under the seal of the state, duly signed by himself the Governor and attested by the Secretary of State and deliver the same to the candidates receiving a majority the required number of the votes for to be elected to the respective offices.
(2) The Secretary of State shall issue certificates of election to the persons elected members of the Senate and the House of Representatives of the General Assembly and2 between the hours of 12:00 Noon and 1:00 P.M. on the second Monday in January of each odd-numbered year, present before the Senate and the House of Representatives the several returns of the elections of members of the respective houses. In case of a special election the Secretary of State shall issue a certificate of election to each person so elected, and he the Secretary of State shall present the returns of such election to the proper house as soon as received and tabulated by hi the Secretary of State. Immediately upon their taking the oath of office, each member of the Senate and the House of Representatives shall be issued a commission under the great seal of the State of Georgia, signed by the Secretary of State."
Section 13. Said title is further amended by striking subsection (b) of Code Section 21-3-187, relating to the form of an official election ballot and procedure in the event candidates are unopposed, and inserting in lieu thereof a new subsection to read as follows:
"(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved:
'e vote ft straight party ticket, mark a ei-ess {X} r eheek <\/) mark in the square i the party eekmm opposite the name ef- the party ef- year- choice, tf yeti k> net desire to vete a party ticket, the place Place a cross (X) or check (</) mark in the square opposite the name of each candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column; and the insertion of such name outside such column or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited."

1996

JOURNAL OF THE HOUSE,

Section 14. Said title is further amended by striking subsection (g) of Code Section 21-3-225, relating to the form of ballot labels, and inserting in lieu thereof a new subsection to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column; te th left er
tR one opcrfltion, vote IOF ftii trie cftiididQTC3 of ttiftt pflTty of oody ro? every ottice TO fee voted for. The names of such candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) of Code Section 21-3-187. The rows or columns occupied by the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-3-187."
Section 15. Said title is further amended by striking Code Section 21-3-325, which reads as follows:
"21-3-325. Notwithstanding any other provisions of this chapter to the contrary, an elector voting by paper ballots or by vote recorder may cast his vote in elections in any one of the following ways, and his vote shall be counted as provided in this Code section:
(1) He may vote for each candidate individually, as provided in this chapter; (2) He may vote a straight political party or body ticket, as provided in this chapter; or (3) He may vote a 'modified straight party ticket' by casting in combination a straight party vote, in the manner provided in paragraph (2) of this Code section, and a vote or votes for individual candidates, in the manner provided in paragraph (1) of this Code section, which shall constitute a valid vote for every candidate of the political party or body designated, except those offices as to which he has indicated a choice for individuals other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated.", and inserting in lieu thereof the following: "21-3-325. Reserved."
Section 16. Said title is further amended by striking subsection (d) of Code Section 21-3-346, relating to procedure as to count and return of votes generally; marks, mutilations, and defects rendering ballots void; disposition of unmarked, improperly marked, and defectively marked ballots; placement of crosses or checks for straight party or write-in votes; and certification of vote and preparation of returns by poll officers, and inserting in lieu thereof a new subsection (d) to read as follows:
\ci) At elections, ft cross \Jt/ OF ciiccit \y) IHQFK ift tiic scjuflpc opposite tne nflnie^ or
every Cftndiddte1 of ttiflt psrty OF oody so mspiced. /\ny erdsure, wiutirst'tonj or detective marking ef-th straight party er body column at general elections shall render the entire 'Dfliiot voidj unless trie elector ftfls properly indicflted HIS cnoice tor c&ndid&tes tn~ Qny ether column, m which ease the vote votca fe* such candidates enly shaH fee counted. At elections, a ballot indicating a write-in vote for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-3-105 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or
check (vO mark is placed before the name of such person."
Section 17. Said title is further amended by striking subsection (d) of Code Section 21-3-362, relating to admission of electors to enclosed space, voting by electors whose right to vote is challenged, voting procedure generally, and procedure as to write-in votes, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) At primaries; or elections an elector shall vote for each candidate individually by operating the key, handle, pointer, or knob upon or adjacent to which the names of candidates of his or her choice are placed. At election, he may vote far each candidate individufllly by operfltin^ trie lceyf nsndlc, pointer, OF Knot) upon OF fldjocent T0 wnicft

TUESDAY, MARCH 8, 1994

1997

lever of the political party or body of Ms choice. He *ay ateo; after having operated -the straight party or body lever and before recording his vote, cancel the vote for tony- candidate of sucn political party of body Dy replacing tnc individual Key, nandlc, pointer, or Knot) 01 sucn candidate and may vote lor a candidate of anotncr party or DOdy tor tnc same oiiice oy operating tnc key, nandlc, pointer, or KnoD upon or adjacent TO wnicri the name of- auch candidate appears. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer, or knob corresponding to the answer which he or she desires to give."
Section 18. This Act shall become effective July 1, 1994, and shall apply to elections conducted on or after that date.
Section 19. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Mueller of the 152nd moves to amend the Committee substitute to SB 680 as follows:
Page 2 line 1 change 40 to 48.
Page 2 line 5 change 40 - 48.
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
Bordeaux N Bostick Y Breedlove Y Brooks. D N Brooks, T N Brown N Buck N Buckner Y Bunn
Y Burkhalter N Byrd 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
Coleman, T

N Colwell Y Connell NCox Y Crawford
Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Dickinson Y Dix
Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Felton N Floyd, J.M N Floyd, J.W
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 N Irvin N James N Jamieson N Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J N Johnston
Jones Y Joyce YKaye N Kinnarnon
Y Klein YLadd Y Lakly N Lane, D
Lane, R Y Lawrence
Lawson N Lee N Lewis
NLord N Lucas Y Maddox Y Mann N Martin N McBee N 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 E 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 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 54, nays 113.

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

1998

JOURNAL OF THE HOUSE,

The amendment was lost.

The following amendment was read and adopted:

Representatives Mobley of the 69th, McClinton of the 68th and Hegstrom of the 66th move to amend the Committee substitute to SB 680 by striking line 27 on page 1 and lines 1 through 7 on page 2 and inserting in lieu thereof the following:
"an election among the candidates for the same office. In the case where two or more persons tie in receiving the highest number of votes cast in the election for the office sought, there is no plurality."

The following amendment was read:

Representative Johnson of the 153rd moves to amend the Committee substitute to SB 680 as follows:
On page 2, lines 1 and 5 - change "40" to "49".

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

N Colwell 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 N Goodwin N Greene N Groover N Hammond N Manner N Harris, B Y Harris, M NHart N Heard
N Hegstrom Y Hembree N Henson N Holland N Holmes

N Howard N Hudson
Hughes N Hugley N 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 N Kinnamon Y Klein YLadd Y Lakly N Lane, D
Lane, R Y Lawrence N Lawson
NLee 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 N Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal
N Orrock N Padgett E 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 Kandall N Randolph NRay 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 52, nays 116. The amendment was lost.

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

Representative Lane of the 55th moved that the House reconsider its action in adopting the Mobley amendment.

TUESDAY, MARCH 8, 1994

1999

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

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

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

Howard N Hudson Y Hughes N Hugley Y Irvin N James Y Jamieson Y Jenkins
Johnson, D.H N Johnson, E Y Johnson, G N Johnson, J Y Johnston
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 YLord
Lucas Maddox N Mann Y Martin McBee N McClinton McKinney Milam N Mills

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

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

On the motion, the ayes were 86, nays 61. The motion prevailed.

On the re-adoption of the Mobley 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 Y Brooks, T Y 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 Y Crews N Culbreth N Cummings N Davis, G Y Davis, M N Dickinson N Dix N Dixon, H N Dixon, S N Dobbs Y Ehrhart YEpps N Evans N Felton N Floyd, J.M N Floyd, J.W

N Godbee N Golden N Goodwin Y Greene N Groover N Hammond N Hanner N Harris, B Y Harris, M YHart N Heard Y Hegstrom Y Hembree N Henson N Holland N Holmes Y Howard N Hudson N Hughes N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, D.H Y Johnson, E N Johnson, G Y Johnson,J

N Johnston Y 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 NLord Y Lucas Y Maddox Y Mann N Martin N 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 Parrish N Patten Y Pelote N Perry Y Pinholster N Poag N Polak Y Porter Y 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

2000

JOURNAL OF THE HOUSE,

Y Shipp N Simpson N 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 Y Stancil, S
Stanley, L Stanley, P

N Stephenson N Streat N Taylor Y Teague N Teper N Thomas E Tillman N Titus

Y Towery N Trense Y Turnquest N Twiggs
Y Vaughan N Walker Y Wall N Watson

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

On the re-adoption of the amendment the ayes were 55, nays 115. The amendment was lost.

The following amendment was read:

Representative McKinney of the 51st, Irvin of the 45th, Towery of the 30th, Stancil of the 16th and Canty of the 52nd move to amend the Committee substitute to SB 680 as follows:
On g. lj line 3^ insert after "elections" the following:
"and primaries"
On jx li line 4j insert after "elected" the following:
"or nominated"
On g. 2j after line 29, insert a new section as follows:
Section 2A. Said title is further amended by striking "majority" wherever it occurs in Code Section 21-2-134(e), Code Section 21-2-284.1, and Code Section 21-2-285.1, and inserting in lieu thereof "plurality."
On jx 9 strike line 31 and strike all subsequent language through p. 13, line 31, and insert in lieu thereof the following:
Section 11. Said title is further amended by striking "majority" wherever it occurs in Code Section 21-2-501 and inserting "plurality", and by inserting a new subsection (c) to read as follows:
On g. 13, strike "(d)" on line 32 and insert "(c)".

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
Brooks, D Y Brooks, T Y Brown N Buck
Y 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 Y Crawford Y Crews N Culbreth N Cummings
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 Y Greene N Groover
N Hammond N Manner N Harris, B Y Harris, M Y Hart

N Heard N Hegstrom Y Hembree N Henson
N Holland Y Holmes Y Howard N Hudson N Hughes N Hugley Y Irvin
Y James N Jamieson N Jenkins
Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J N Johnston Y 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 Y Martin N McBee N McClinton Y McKinney N Milam Y Mills Y Mobley, B N Mobley, J

TUESDAY, MARCH 8, 1994

2001

Y Moore N Mosley Y Mueller
E Oliver
N O'Neal
Y Orrock N Padgett E Parham
N Parrish N Patten N Pelote N Perry Y Pinholster
N Poag

N Polak N 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
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 Y Stanley, L
Stanley, P N Stephenson N Streat N Taylor
Teague
N Teper N Thomas
E Tillman Y Titus Y Towery
Y Trense

On the adoption of the amendment, the ayes were 70, nays 99. The amendment was lost.

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

The following amendment was read:

Representatives Stancil of the 16th, Irvin of the 45th and Towery of the 30th move to amend the Committee substitute to SB 680 as follows:
Page 9 line 16 after words General Assembly remove the . add , "the Minority Leader of both the House of Representatives and Senate."

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

Y Ashe Y Atkins N Bailey
Baker
Y Bannister
N Barfoot
N Bargeron
N Barnes N Bates N Benefield N Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks, D
Y Brooks, T
N Brown
N Buck
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 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 Godbee N Golden Y Goodwin
N Greene
N Groover
N Hammond
N Manner
N Harris, B Y Harris, M N Hart N Heard N Hegstrom Y Hembree
N Henson
N Holland
Holmes

N Howard
N 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 Y Kaye N Kinnamon
Y Klein YLadd Y Lakly N Lane, D N Lane, R Y Lawrence N Lawson
N Lee N Lewis
N Lord
N Lucas Y Maddox YMann N Martin N McBee N McClinton N McKinney N Milam Y Mills

N Moblev. B N Mobley, J
Y Moore
N Mosley Y Mueller E Oliver N O'Neal
Orrock N Padgett E 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 N Ray N Reaves N Reichert
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 55, nays 113. The amendment was lost.

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

2002

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:
Representative Barnes of the 33rd moves to amend the Committee substitute to SB 680 as follows:
By striking on line 1 page 2 "40 percent" and inserting therein "45 percent". And by striking on line 5 page 2 "40 percent" and inserting "45 percent".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

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

Colwell N Connell YCox 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 N Evans N Felton
Y Floyd, J.M Y Floyd, J.W
Y Godbee Y Golden N 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 N Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H N Johnson, E
N Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon
N Klein N Ladd N Lakly Y Lane, D
Lane, R N Lawrence Y Lawson
Y Lee Y Lewis
Lord Y Lucas N Maddox N Mann Y Martin Y McBee Y McClinton N McKinney Y Milam
N Mills

Y Mobley. B
N Mobley, J N Moore N Mosley N Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry
N 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 N Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
N 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 Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas E Tillman Y Titus
N Towery N Trense Y Turnquest N Twiggs
N Vaughan Y Walker N Wall
Y Watson Y Watts N Westmoreland Y White N Williams, B N Williams, R N Yates E Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 107, nays 62.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The Speaker Pro Tern assumed the Chair.

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 references 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 insurers, so as to authorize the issuance of preferred stock by domestic stock insurance companies.

TUESDAY, MARCH 8, 1994

2003

The report of the Committee, which was favorable to the 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 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 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
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

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 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
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
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
Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper
Y Thomas E 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
E 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 Mueller of the 152nd arose to a point of personal privilege and addressed the House.

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

SB 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 Annotated, relating to annual contracts of teachers, principals, and other certificated 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.

The following amendment was read and withdrawn:

2004

JOURNAL OF THE HOUSE,

The Committee on Education moves to amend SB 526 by striking line 26 of page 1 and inserting in lieu thereof the following:
"administration after July 1, 1994, as a teacher,".

The following substitute, offered by Representative Godbee of the 145th was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for fingerprinting and criminal record checks of persons to be employed as teachers, principals, or other certificated professional personnel prior to issuance of the contract of first employment; to provide for temporary or provisional contracts while awaiting results of such checks; to provide that the cost of obtaining fingerprint and criminal record checks shall, at the discretion of the local unit employing such person, be borne by the person seeking employment or the local unit of administration; to provide for practices and procedures; to provide for submission of this Act to the Federal Bureau of Investigation and the Justice Department; to provide for restrictions on the use of such record checks; to provide that all textbooks, library books, and media materials 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 such items and provide sanctions against a pupil who fails or refuses to pay for such items which are lost or damaged as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding at the end of Code Section 20-2-211, relating to annual contracts of teachers, principals, and other certificated professional personnel, a new subsection (e) to read as follows:
"(e) (1) Each person to be issued a contract of employment for the first time by a local unit of administration after January 1, 1995, as a teacher, principal, or other certificated professional personnel shall be fingerprinted and have a criminal record check made as required by this subsection prior to the issuing of a contract. The local unit of administration shall have the authority to employ a person or persons under a provisional or temporary contract for a maximum of 120 days to allow for the receipt of the results of the criminal record check.
(2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection.
(3) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice prior to the issuance of any contract of first employment of such person shall be paid by the local unit of administration or the individual seeking employment.
(4) It shall be the duty of the State Board of Education to submit this subsection to the Georgia Bureau of Investigation for submission to the Federal Bureau of Investigation and the United States Department of Justice for their consent to conduct criminal record checks through the National Crime Information Center as required by federal law, rules, or regulations. No criminal record checks through the National Crime Information Center shall be required by this subsection unless and until such consent is given.

TUESDAY, MARCH 8, 1994

2005

(5) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for the purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations.
(6) The State Board of Education is authorized to adopt rules and regulations necessary to carry out the provisions of this subsection."
Section 2. Said chapter is further amended by striking Code Section 20-2-1013, relating to textbooks, and inserting in lieu thereof a new Code Section 20-2-1013 to read as follows:
"20-2-1013. (a) The State Board of Education is authorized and directed to inaugurate and administer a system of free textbooks for the public schools of this state. The state board shall have authority to promulgate and enforce such rules and regulations as may be necessary for that purpose.
(b) All textbooks, library books, and media materials purchased by local units of administration with state Quality Basic Education Program funds or any other means of acquisition shall remain the property of the local unit purchasing or acquiring them. Each local unit of administration shall establish such policies as it deems necessary for the care and protection of its textbooks, library books, and media materials as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Such policies may include any of the following sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook, library book, or media material at the replacement cost:
(1) Refusal to issue any additional textbooks, library books, or media materials until restitution is made; or
(2) Withholding of all grade cards, diplomas, or certificates of progress until restitution is made. No local unit of administration shall require any pupil or parent to purchase any textbook, library book, or media material except in cases where the pupil damages, loses, or defaces such item either through willful intent or neglect."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Smith of the 175th moves to amend the Floor substitute to SB 526 as follows:
By inserting after the semicolon on page 1, line 25, the following:
to amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of local boards of education, so as to specify the number of such board members who are required to vote to take certain actions and provide for rescissions of certain actions; to repeal conflicting laws;
And by inserting on page 4, after line 23, the following:
Section 2.5. Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of local boards of education, is amended by striking subsection (a) and inserting in its place the following:
"(a) Unless otherwise provided by local law or, in the absence of local law, by local board policy, upon being called together by one of their number, the members of the local board shall organize by selecting one of their number as chairperson to serve as such during the term for which that person was chosen as a member of the local board. The local school superintendent shall act as secretary of the local board, ex officio. A majority of the local board shall constitute a quorum for the transaction of business. The votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the local board of education, provided there is a quorum present. Any action taken by less than a majority of the board members

2006

JOURNAL OF THE HOUSE,

may be rescinded by a majority of the board members at the next regular meeting or within 30 days of such action, whichever is later. It shall be the duty of the superintendent or their the board's nominee as secretary to be present at the meetings of the local board, to keep the minutes of its meetings and make a permanent record of them, and to do any other clerical work it may direct the superintendent to do. The superintendent or their the board's nominee shall record in a book, to be provided for the purpose, all
official proceedings of the local board, which shall be a public record open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairperson and countersigned by the secretary."

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

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

Y Colwell
Connell Cox 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 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
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 Y Lee Y Lewis YLord
Lucas
Y Maddox Y Mann
Y Martin Y McBee
McClinton
McKinney Y Milam N Mills

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

On the adoption of the amendment, the ayes were 136, nays 6. The amendment was adopted.

The following amendment was read and adopted:

Representative Sherrill of the 62nd moves to amend the Floor substitute to SB 526 as follows:
By striking from page 2, line 9, the words "January 1, 1995" and inserting in lieu thereof the words "July 1, 1994".

The Floor substitute, as amended, was adopted.

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

TUESDAY, MARCH 8, 1994

2007

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 Breedtove Y Brooks. D
Brooks, T Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd 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 Dickinson YDix
Y Dixon, H Y Dixon, S Y 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
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Holmes

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
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 Y Mann Y Martin Y McBee
McClinton McKinney Y Milam Y Mills

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 N 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
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
Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas E 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 E Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, SB 518 was postponed until Wednesday, March 9, 1994.

The Speaker assumed the Chair.

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 690. By Representative Barnes of the 33rd:
A bill to amend Code Section 17-15-8 of the Official Code of Georgia Annotated, relating to persons eligible for awards from the Georgia Crime Victims Compensation Board, so as to raise the maximum amount which may be awarded for a claim.

Representative Barnes of the 33rd moved that the House insist on its position in amending the Senate substitute to HB 690 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.

2008

JOURNAL OF THE HOUSE,

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Barnes of the 33rd, Towery of the 30th and Smith of the 175th.

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 definitions 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.

Representative Godbee of the 145th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1314 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Godbee of the 145th, Thomas of the 100th and Royal of the 164th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendments thereto:

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 provide a statement of legislative intent.

Representative Smith of the 175th moved that the House insist on its position in amending SB 396.
The motion prevailed.

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

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 following Senate substitute was read:

A RESOLUTION
Providing for the lease of certain state owned real property in Bryan County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 8, 1994

2009

WHEREAS, the State of Georgia is the owner of certain real property in Bryan County which is the location of a television transmitter tower in the custody of the Georgia Public Telecommunications Commission; and
WHEREAS, said tract of land is more particularly described as follows: All that certain tract or parcel of land in the 19 G.M.D. of Bryan County, Georgia containing 0.996 acre more or less and being more particularly described according to a plat by Joe P. Davis, Georgia Registered Land Surveyor No. 1436, dated September 10, 1993 which reads as follows: From the southeast R/W intersection of Patterson Street and Vandiver Street along the east R/W of Vandiver Street S2304'53"W for a distance of 456.00' to the point of beginning, Thence S414'53"W for a distance of 208.21', Thence N8550'33"W for a distance of 208.11', Thence N412'52"E for a distance of 208.48', Thence S8546'13"E for a distance of 208.24' to the point of beginning. Said tract is bounded on the north by Frances D. Strickland and Vandiver Street, on the east by Norma B. Carney and Frances D. Strickland and on the south and west by Frances D. Strickland; and
WHEREAS, Georgia 8 Cellular Limited Partnership provides cellular telecommunications services in several sections of Georgia; and
WHEREAS, Georgia 8 Cellular Limited Partnership is desirous of locating an existing tower in Bryan County in order to attach microwave dishes which would provide a link between signals in Statesboro and Brunswick; and
WHEREAS, it has been determined that the above-mentioned state owned television tower would be the best location for said dishes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the referenced hereinabove described real property and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, shall lease the hereinabove described tract of land to Georgia 8 Cellular Limited Partnership for a period of five years with Georgia 8 Cellular Limited Partnership having the option to extend the primary term for four additional periods of five years each commencing with the execution of the lease agreement; provided, however, that upon the exercise of an option to extend the lease, the consideration for such lease as extended shall be an amount determined pursuant to renegotiations between Georgia 8 Cellular Limited Partnership and the State Properties Commission and under such other terms and conditions as may be determined by the State Properties Commission.
Section 3. That the consideration for such initial term of lease shall be $12,000.00 per year.
Section 4. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration in excess of $12,000.00 per year is to be remitted to the State of Georgia.
Section 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing.
Section 6. That this lease agreement shall be recorded by the lessee in the Superior Court of Bryan County and a recorded copy shall be forwarded to the State Properties Commission.
Section 7. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

2010

JOURNAL OF THE HOUSE,

Section 8. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Purcell of the 147th moved that the House agree to the Senate substitute to HR 842.
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 Bargercm Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Brooks, T Brown Buck Buckner 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 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
Epps 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
Hart Y Heard Y Hegstrom
Y Hembree Henson
Y Holland Holmes

Howard Y Hudson Y Hughes
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 YKaye Y Kinnamon Y Klein YLadd
Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
YLord Lucas
Y Maddox YMann Y Martin
McBee Y McClinton
McKinney Y Milam
Y Mills

On the motion, the ayes were 134, nays 0. 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
Powell
Y Purcell, A Y Purcell, B
Randall 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
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 Taylor Teague Y Teper Y Thomas E 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 E Yeargin
Murphy, Spkr

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, subcontractors, and suppliers; to provide for definitions; to provide time limits for payments to contractors and subcontractors; to provide for the withholding of payments and grounds therefor.

The following Senate substitute was read:

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 provide a short title; to provide for definitions; to provide time limits for payments to contractors and subcontractors; to provide for the withholding of payments and grounds

TUESDAY, MARCH 8, 1994

2011

therefor; to provide for the withholding 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 regulate contractual relationships between owners, contractors, and subcontractors; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 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. This chapter shall be known and may be cited as the 'Georgia Prompt Pay Act.'
13-11-2. As used in this chapter, the term: (1) 'Contractor' means a person who contracts with an owner to improve real prop-
erty, to perform construction services, or to perform construction management 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 purposes or to perform any labor upon such improvements.
(3) 'Improvement' means all or any part of any building, structure, erection, alteration, 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; provided, however, that the provisions of this chapter shall not apply when the owner is a county having a population of less than 10,000 according to the United States decennial census of 1990 or any such future census or when the owner is a municipality having a population of less than 2,500 according to the official 1990 decennial United States Census or any such future census.
(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 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, leaseholds, tenements, and improvements placed on the real property.
(7) 'Receipt' means actual receipt of cash or funds in the contractor's or subcontractor's bank account.
(8) 'Subcontractor' means any person who has contracted to furnish labor or materials to, or has performed labor or supplied materials for, a contractor or another subcontractor 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. 13-11-3. Performance by a contractor or subcontractor in accordance with the provisions of his or her contract and the satisfaction of the conditions of his or her contract precedent to payment entitles such person to payment from the party with whom he or she contracts. 13-11-4. (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 service provided under the contract. (b) When a subcontractor has performed in accordance with the provisions of its subcontract and the subcontract conditions precedent to payment have been satisfied, the contractor shall pay to that subcontractor and each subcontractor shall pay to its

2012

JOURNAL OF THE HOUSE,

subcontractor, within ten 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, provided that the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work as the contractor in his or her reasonable discretion may require, including but not limited to a payment and performance bond.
13-11-5. (a) Nothing in this chapter shall prevent the owner from withholding payment 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 subcontractor 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. 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) 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.
13-11-6. The contractor shall, within ten 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 and, provided, further, that the subcontractor has provided or provides such satisfactory reasonable assurances of continued
performance and financial responsibility to complete his or her work as the contractor in his or her reasonable discretion may require, including but not limited to a payment
and performance bond. 13-11-7. (a) Except as provided in Code Section 13-11-5, 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 ten days after receipt of periodic or final payment by the contractor or subcontractor, the owner, contractor, or subcontractor, as the 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. However, no interest is due unless the
person being charged interest has been notified of the provision of this Code section at the time the request for payment is made. 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, payment periods, and contract and sub-
contract terms different from those stipulated in this Code section, and in this event,
these contractual provisions shall control, provided the requirements of this chapter are specifically waived in writing. 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.

TUESDAY, MARCH 8, 1994

2013

13-11-8. 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 including but not limited to trial and appeal and arbitration, in an amount to be determined by the court or the arbitrators, as the case may be.
13-11-9. 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 another statute.
13-11-10. The provisions of this chapter do not apply to improvements to real property intended for residential purposes which consist of 12 or fewer residential units.
13-11-11. The provisions of this chapter do not apply to contracts or subcontracts entered into prior to January 1, 1995."
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.
Section 4. This Act is not intended to repeal or affect the applicability of Code Section 7-4-16.

The following amendment was read and adopted:

Representative Snow of the 2nd moves to amend the Senate substitute to HB 837 as follows:
By deleting the following language from lines 18 through 20 on page 6:
", provided the requirements of this chapter are specifically waived in writing".

Representative Snow of the 2nd moved that the House agree to the Senate substitute, as amended by the House, to HB 837.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker Y Bannister N Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove
Y Brooks, D Brooks, T Brown
YBuck Y Buckner
Bunn N 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 N Crews Y Culbreth N Cummings
Davis, G N Davis, M Y Dickinson
YDix 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 Y Goodwin
Y Greene Y Groover
Y Hammond Hanner
Y Harris, B
Y Harris, M Hart

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

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

YRay 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
Smith, T N Smith, V Y Smith, W Y Smyre YSnow Y Stancil, F
Stancil, S Stanley, L Stanley, P Y Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas E Tillman
Titus Y Towery

2014
Y Trense Turnquest
Y Twiggs

JOURNAL OF THE HOUSE,

Y Vaughan
Walker Y Wall

Y Watson Y Watts N Westmorland

Y White Y Williams, B Y Williams, R

N Yates E Yeargin
Murphy, Spier

On the motion, the ayes were 118, nays 16. The motion prevailed.

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 following Senate amendment was read:

Amend HR 1012 by adding on line 20 page 2 the words "and the Georgia General Assembly" after the word commission.

Representative Titus of the 180th moved that the House agree to the Senate amendment to HR 1012.
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 Benefield Birdsong Bordeaux
Y Bostick Y Breedlove
Y Brooks, D Brooks, T Brown
Buck Y Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell
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 Y Cox Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
Dix Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Epps Evans Y Felton
Y Floyd, J.M Y Floyd, J.W
Y Godbee Y Golden Y Goodwin
Greene Groover Y Hammond Manner Y Harris, B Y Harris, M Hart Y Heard
Y Hegstrom Y Hembree
Henson Y Holland
Holmes

Howard Y Hudson Y Hughes
Hugley Y Irvin
Y James Y Jamieson Y Jenkins
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
Lee Y Lewis Y Lord
Lucas
Y Maddox Y Mann Y Martin Y McBee
McClinton McKinney Y Milam Y Mills

On the motion, the ayes were 132, nays 0. The motion prevailed.

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 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
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 Taylor Teague Y Teper Y Thomas E 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 E Yeargin Murphy, Spkr

TUESDAY, MARCH 8, 1994

2015

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 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 permit the director immediately to issue emergency orders for corrective action without awaiting the concurrence of the governor.

The following Senate amendment was read:

Amend HB 1619 by striking on lines 24 and 25 of page 16 the following: "the all property of owners and operators until funds are paid and on", and by inserting in lieu thereof the following:

Representative Dobbs of the 92nd moved that the House agree to the Senate amendment to HB 1619.
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
Benefield Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks, D Brooks, T Brown Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell
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

Colwell
Y Connell Y Cox Y Crawford
Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
Y Dickinson 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 Y Goodwin Y Greene
GrooverY Hammond
Manner Y Harris, B
Y Harris, M Hart
Y Heard Y Hegstrom Y Hembree
Henson
Y Holland Y Holmes

Howard Y Hudson
Hughes 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
Lee Y Lewis YLord
Lucas Y Maddox YMann
Y Martin Y McBee
McClinton McKinney Y Milam Y Mills

On the motion, the ayes were 131, nays 0. The motion prevailed.

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

2016

JOURNAL OF THE HOUSE,

HB 408. By Representative Childers of the 13th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to change the provisions relating to applications for examination.

The following Senate substitute was read:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to 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 and its composition, appointment, approval, organization, quorum, and vacancies; to provide for members of such board and for their qualifications, terms of office, oaths, and removal; to provide for duties and functions of such board; to provide for duties of the joint-secretary of the state examining boards; to provide for rules and regulations; to prohibit certain practices and conduct and provide for exceptions; to provide for residents in podiatric medicine; to provide for consultations and temporary licenses; to provide for delegation of functions; to provide for qualifications for licensing; to provide for examinations; to provide for reciprocity; to provide for license issuance, expiration, renewal, and restoration; to provide for continuing education; to provide for disciplinary action and proceedings by the board; to provide for judicial review; to provide for immunity; to provide for injunctive actions; to provide for penalties; 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 35, relating to podiatrists, and inserting in its place the following:
"CHAPTER 35
43-35-1. This chapter shall be known and may be cited as the 'Georgia Podiatry Practice Act.'
43-35-2. This chapter is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for administrative control, supervision, and regulation of the practice of podiatric medicine in this state. The practice of podiatric medicine is declared to be affected with the public interest.
43-35-3. As used in this chapter, the term: (1) 'Board' means the State Board of Podiatry Examiners. (2) 'License' means a valid and current certificate of registration issued by the
joint-secretary on behalf of the board which shall give the person to whom it is issued authority to engage in the practice prescribed thereon.
(3) 'Licensee' means one who holds a license under this chapter. (4) 'Person' means a human person only. (5) 'Podiatric medicine,' which includes chiropody, podiatry, and podiatric medicine and surgery, means that portion of the practice of medicine identified by the acts described in any one or more of the following:
(A) Charging a fee or other compensation, either directly or indirectly, for any history or physical examination of a patient in a person's office or in a hospital, clinic, or other similar facility prior to, incident to, and necessary for the diagnosis and treatment, by primary medical care, surgical or other means, of diseases, ailments, injuries, or abnormal conditions of the human foot and leg;
(B) Holding oneself out to the public, either directly or indirectly, as being engaged in the practice of podiatric medicine;
(C) Displaying or using a title or abbreviation such as 'Doctor of Podiatric Medicine,' 'D.P.M.,' 'Foot Doctor,' 'Foot Specialist,' 'Foot Surgeon,' 'Foot and Ankle Surgeon,' or other letters, designations, or symbols or signs of any type which expressly

TUESDAY, MARCH 8, 1994

2017

or implicitly indicate to the general public that the user renders treatment to the foot, ankle, and leg under the provisions of this chapter;
(D) Performing surgery on the foot or leg of a patient, except that when such surgery is performed under general anesthesia it shall be permissible only when said surgery is performed at a facility permitted and regulated as a hospital or ambulatory surgical treatment center under Article 1 of Chapter 7 of Title 31 and when said general anesthesia is administered under the direction of a duly licensed physician;
(E) Performing amputations of the toe; or (F) Performing amputations distal to and including the tarsometatarsal joint but only when performed in a facility permitted and regulated as a hospital or ambulatory surgical treatment center under Article 1 of Chapter 7 of Title 31 and when performed by a podiatrist who is certified by the board in meeting the requirements which shall be established by regulations of the board which have been jointly approved by the board and the Composite State Board of Medical Examiners. (6) 'Podiatric resident' means a person who is engaged in a postgraduate program of study or practice within this state approved by the board. (7) 'Podiatrist' means a physician and surgeon of the human foot and leg who is subject to this chapter. 43-35-4. The State Board of Podiatry Examiners which existed on January 1, 1994, is continued in existence on and after that date. The members serving on the board on January 1, 1994, and any person appointed to fill a vacancy in such office shall continue to serve out their respective terms of office and until their successors are appointed and qualified. Their successors shall be appointed as provided by this chapter. 43-35-5. The State Board of Podiatry Examiners continued pursuant to Code Section 43-35-4 shall consist of four members. Any vacancy in office of such board resulting from expiration of term after this chapter becomes effective in 1994 shall be filled by appointment by the Governor and approval by the Senate for a term of three years. Three members shall be podiatrists and may be appointed from a list of at least three persons submitted to the Governor by the Georgia Podiatric Medical Association. The fourth member shall be appointed from the public at large and shall have no connection to the practice of podiatric medicine. All appointees to the board shall, immediately following their appointment, take and subscribe to a written oath or affirmation required by law for public officers. The Governor, after notice and opportunity for hearing, may remove any member for neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. After such removal, or after a vacancy due to other reasons, the governor shall appoint a successor to serve the unexpired term.
43-35-6. To be eligible for appointment to the board, a person must be a citizen of the United States and a resident of this state and, except for the person appointed from the public at large, must:
(1) Hold a license issued under the provisions of this chapter; and
(2) Have actively practiced or taught podiatry for at least five years. 43-35-7. A majority of the board members shall constitute a quorum for all board business and, with the exception of hearings in contested cases, may conduct business
in conference by telephone. 43-35-8. The joint-secretary shall perform such administrative duties as may be pre-
scribed by the board.
43-35-9. The board shall: (1) Approve all examinations of applicants for licensure;
(2) Determine the qualifications of and authorize the issuance of licenses to quali-
fied podiatrists and podiatric residents; (3) Determine the qualifications and approve qualified colleges of podiatric medi-
cine and courses in podiatry for the purpose of determining the qualifications of appli-
cants for licensure;
(4) Prescribe and enforce minimum standards of professional conduct for the prac-
tice of podiatric medicine in this state;

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(5) Initiate investigations into alleged or suspected violations of the provisions of this chapter or any other law of this state pertaining to podiatry and any rules and regulations adopted by the board;
(6) Conduct all hearings in contested cases according to state law; (7) Suspend, revoke, or cancel the license of, or refuse to grant, renew, or restore a license to any person upon any ground specified in this chapter; (8) Adopt a seal, the imprint of which, together with the authorized signature of the joint-secretary or other member authorized by the board, shall be effective to evidence its official acts; (9) Maintain in the office of the joint-secretary a register of all persons holding a license; and (10) Adopt such rules and regulations as shall be reasonably necessary for the enforcement and implementation of the provisions and purposes of this chapter and other laws of this state insofar as they relate to the practice of podiatric medicine. 43-35-10. All rules and regulations adopted by the board as it existed prior to January 1, 1994, shall continue in effect until modified or repealed. 43-35-11. (a) No person shall practice podiatric medicine unless he or she holds a license and otherwise complies with the provisions of this chapter and the rules and regulations adopted by the board; provided, however, that this chapter shall not apply to any person licensed to practice medicine, as defined in Chapter 34 of this title; nor shall it apply to the recommending, fitting, or sale of corrective shoes or orthomechanical supports or similar appliances by retail dealers or manufacturers; provided, however, that such dealers or manufacturers shall not otherwise be entitled to practice podiatric medicine as defined in this chapter unless duly licensed to do so. (b) (1) Nothing in this chapter or any other law of this state shall prohibit the training and practice, for a period of one year or for such additional periods as the board may determine, by persons appointed as podiatric residents in programs utilizing training protocols approved by the board. (2) Residents in podiatric medicine and surgery may perform such duties, tasks, or functions as considered appropriate for their educational advancement under the supervision of the appropriate health care practitioner. (3) While serving in an approved postgraduate training program, residents in podiatric medicine and surgery shall not be subject to the continuing education requirements as set forth in Code Section 43-35-15. (c) (1) Licensed podiatrists of other states and foreign countries may be permitted to enter this state for consultation with any licensed podiatric physician of this state. Such podiatrist from another state or foreign country shall not be permitted to establish offices in this state for the practice of podiatric medicine, either temporary or permanent, unless he or she obtains a license as elsewhere set forth in this chapter. (2) A limited temporary license may, upon the approval of the board, be issued to a podiatrist from another state or country for the purpose of advancing medical education and enhancing the individual's training provided such podiatrist is fully licensed and a member in good standing in that state or country, and provided such podiatrist is under the supervision of a licensed podiatric physician of this state. (3) A podiatrist from another state or foreign country issued a limited temporary license shall not be subject to the continuing education requirements as set forth in Code Section 43-35-15.
(d) Nothing in this chapter or other laws of this state shall prohibit the delegation by a podiatric physician to a podiatric assistant or other qualified person of any acts, duties, or functions which are otherwise permitted by law or established by custom, nor shall the state prohibit the performance of such acts, duties, or functions by such person.
43-35-12. A license to practice podiatric medicine shall be issued to any person who:
(1) Is a graduate of an accredited college of podiatric medicine approved by the board;
(2) Holds a doctoral degree or its equivalent;
(3) Satisfactorily passes an examination prepared or approved by the board;

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(4) Successfully completes postdoctoral training of no less than 12 months as a resident in podiatric medicine and surgery in a program or institution approved by, and in good standing with, the board;
(5) Has attained the age of 21 years; (6) Is not disqualified to receive a license under the provisions of Code Section 43-35-16; and
(7) Pays the required fee to the board. 43-35-13. A license may, at the discretion of the board, be issued without examination to any person who:
(1) Holds a current license authorizing him or her to practice podiatric medicine in another state or country; provided, however, the state or country has statutory requirements substantially equal to or exceeding those of this chapter;
(2) Otherwise substantially meets all requirements for a license issued by the board;
(3) Is not disqualified to receive a license under the provisions of Code Section 43-35-16; and
(4) Pays the required fee to the board. 43-35-14. The board shall examine applicants upon the subjects required for the practice of podiatric medicine at least twice each year and shall use any method or procedure which the board deems necessary to test the applicant's qualifications to practice podiatric medicine. Any standardized examination which the board shall approve may be administered to all applicants in lieu of or in conjunction with any other examination which the board shall administer.
43-35-15. (a) Licenses shall expire biennially. All applications for renewal of a license shall be filed with the joint-secretary prior to the expiration date, accompanied
by the renewal fee prescribed by the board.
(b) (1) In order to maintain and enhance the professional competence of podiatrists licensed under the provisions of this chapter and for the protection of the health and
welfare of the people of this state: (A) As a requirement for the biennial renewal of his or her license, a podiatric
physician must submit proof to the board of the completion of not less than 50 hours of approved continuing education in the preceding two years;
(B) A podiatrist licensed by reciprocity under Code Section 43-35-13 or by examination during the first six months of the biennial licensing cycle, September
through February, shall be required to obtain the full 50 hours of continuing education; if licensed during the following 12 months, March through February, the podi-
atrist shall be required to obtain 30 hours of continuing education; if licensed during the last six months, March through August, the podiatrist shall be exempt from
continuing education requirements for that biennial licensing cycle. (2) In lieu of individual state regulations, the board will recognize for continuing education purposes all providers and sponsors of programs approved by the Council
on Podiatric Medical Education of the American Podiatric Medical Association. 43-35-16. (a) The board shall, after notice and opportunity for hearing, have the
power to suspend, revoke, or cancel the license of, or refuse to grant, renew, or restore a license to, any licensee or applicant for a license upon proof of any one of the follow-
ing grounds: (1) Employment of fraud or deception or cheating in applying for a license or in
taking an examination for a license; (2) Failing to demonstrate the qualifications or standards for a license as provided
by this chapter; (3) Knowingly making a misleading, deceptive, false, or fraudulent representation
concerning the practice of podiatry or in any document connected therewith, or practicing fraud or deceit or cheating or intentionally making any false statement in taking
an examination or in obtaining a license to practice podiatry or intentionally making
any false statement in any document submitted to the board; (4) Conviction of a felony in this state or any other state, territory, or country
which, if committed in this state, would be deemed a felony without regard to its designation elsewhere. For this purpose, a conviction shall include a finding or verdict of

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guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether an adjudication of guilt or sentence is entered thereon;
(5) Commission of a crime involving moral turpitude within this state or within any other state, territory, or country which, if committed in this state, would be deemed a crime involving moral turpitude without regard to its designation elsewhere where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment was granted pursuant to the charge, without adjudication of guilt; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge; (6) Revocation, suspension, or annulment of a license to practice podiatric medicine by any lawful licensing authority in any state, territory, or country, or any other disciplinary action taken against a licensee by any lawful licensing authority, or having been denied a license by any other licensing authority; (7) Advertising for or soliciting patients by any means other than as provided by the rules and regulations of the board; (8) The displaying of an inability to practice podiatric medicine with reasonable skill and safety to patients or having become unable to practice podiatric medicine with reasonable skill and safety to patients by reason of illness, the use of alcohol or drugs, narcotics, chemicals, or any other substance or as a result of any mental or physical condition. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every person who shall accept the privilege of practicing podiatric medicine in this state or who shall file an application for a license to practice podiatric medicine in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If the licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal; (9) Flagrant immorality; (10) Practicing under a false name or the impersonation of another person except as may be permitted by the laws of this state and rules and regulations of the board concerning professional corporations or associations; (11) In light of the condition of the patient at the time of prescription, knowingly prescribing controlled substances or any other medication without a legitimate medical purpose or knowingly overprescribing controlled substances or other medications or chemicals;
(12) Division of fees for professional services with any person, firm, association, or corporation for bringing or referring a patient;
(13) Engaging in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which need not have resulted in actual injury to any person, and shall also include departure from, or the failure to conform to, the minimum prevailing standards for the practice of podiatric medicine in this state; or
(14) Violating any other standard of professional conduct as may be prescribed by the board.
(b) Upon a finding of the board that the public health, safety, or welfare imperatively requires emergency action and incorporating a finding to that effect in an order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined.
(c) Upon a finding by the board that a license should be denied or sanctioned pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions:

TUESDAY, MARCH 8, 1994

2021

(1) Deny a license to an applicant or refuse to renew a license;
(2) Administer a public reprimand; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;
(4) Limit or restrict any license as the board deems necessary for the protection of the public;
(5) Revoke any license; (6) Condition the penalty or withhold formal disposition upon applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; or (7) In addition to and in conjunction with the actions provided for in this subsection, may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty or may impose the judgment and penalty but suspend the enforcement thereof and place a licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.
(d) Initial judicial review of a final decision of the board shall be had solely in the Superior Court of Fulton County.
(e) In its discretion, the board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may adopt by rule; and, as a condition thereof, the board may impose any disciplinary or corrective measure authorized by this chapter.
(f) The board shall have the authority to exclude all persons during its deliberations
on disciplinary proceedings and to discuss any disciplinary matter in private with a
licensee or applicant. (g) A person, partnership, firm, corporation, association, authority, or other entity
shall be immune from civil or criminal liability for reporting or investigating the acts or omissions of a licensee or applicant or for initiating or conducting proceedings against
such licensee or applicant pursuant to the provisions of this chapter or any other provision of law relating to the licensee's or applicant's fitness to practice podiatric medicine,
if such action is taken in good faith, without fraud or malice. Any person who testifies in good faith or who makes a recommendation to the board in the nature of peer review,
in good faith, without fraud or malice, before the board in any proceeding concerning
a violation of this chapter or any other law relating to the licensee's or applicant's fitness to practice podiatric medicine shall be immune from civil and criminal liability for
so testifying, participating, or recommending. (h) Neither a denial of a license on grounds other than those enumerated in subsec-
tion (a) of this Code section nor the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license
shall be considered a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of
Chapter 13 of Title 50 shall not be required, but the licensee or applicant shall be allowed to appear before the board if he or she so requests.
(i) If any licensee fails to appear at any hearing after reasonable notice, the board
may proceed to hear evidence against such licensee and take action as if such licensee had been present. A notice of hearing, initial or recommended decision, or final decision
of the board in a disciplinary proceeding shall be served upon the licensee or applicant
by certified mail, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the
joint-secretary shall be deemed to be the agent for such service for such licensee or applicant for the purposes of this Code section; and service upon the joint-secretary
shall be deemed to be service upon the licensee or applicant. (j) The voluntary surrender of license shall have the same effect as a revocation of
said license, subject to reinstatement in the discretion of the board. 43-35-17. The practice of podiatric medicine is declared to be an activity affecting
the public interest and involving the health, safety, and welfare of the public. Such prac-
tice when engaged in by a person who is not licensed under the provisions of this chapter is declared to be a public nuisance, harmful to the public health, safety, and welfare.

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The board, or the district attorney of the district where such nuisance exists, may bring a petition to restrain and enjoin such unlicensed practice in the appropriate court of the county where such unlicensed person resides. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law.
43-35-18. Any person who violates any provision of this chapter shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment from two to five years or both."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Childers of the 13th moved that the House agree to the Senate substitute to HB 408.
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
Benefield Birdsong Bordeaux Y Bostick Y Breediove Y Brooks, D
Brooks, T Brown Buck Y Buckner Bunn Y Burkhaiter 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

Y Colwell Y 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
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
Hart
Heard Y Hegstrom Y Hembree
Henson Y Holland
Holmes

Howard
Y Hudson Y Hughes
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
Kaye Y Kinnamon Y Klein
Ladd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Martin Y McBee
McClinton McKinney Y Milam Y Mills

On the motion, the ayes were 119, nays 0. The motion prevailed.

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
Purcell, A Y Purcell, B
Y Randall Randolph
YRay Reaves
Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan
Sherrill
Y Shipp Simpson Sinkfield
Y Skipper

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

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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.

TUESDAY, MARCH 8, 1994

2023

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1225

The Committee of Conference on HB 1225 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1225 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Paul C. Broun Senator, 46th District

/s/ Jim Martin Representative, 47th District

/s/ Steve Thompson Senator, 33rd District

/s/ Roy H. Watson, Jr. Representative, 139th District

/s/ Johnny Isakson Senator, 21st District

/s/ Alan Powell Representative, 23rd District

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, for a price in excess of the price printed on the ticket; to provide for service charges; to provide for specification of service charges on advertisements, announcements, or posters; to provide an exception; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, 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:
"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 subsection (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; provided, however, that the owner, operator, lessee, or tenant 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.

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JOURNAL OF THE HOUSE,

(c) Any advertisement, announcement, or poster for any event covered by this Code section which includes the price of admission shall specify the amount of the service charge to be charged for the sale or selling of each ticket, privilege, or license of admission and such advertisement shall be clearly and conspicuously stated."
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 competitions 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. Subsection (c) of Code Section 10-1-310 shall become effective April 1, 1995.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Martin of the 47th moved that the House adopt the report of the Committee of Conference on HB 1225.
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
N Barnes Y Bates
Benefield Birdsong Bordeaux Y Bostick N Breedlove Y Brooks, D Brooks, T Brown Buck Y Buckner N Bunn N 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

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

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

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 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 Smyre
YSnow Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Taylor Teague
Y Teper Y Thomas E 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 E Yeargin
Murphy, Spkr

On the motion, the ayes were 120, nays 15. The motion prevailed.

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

TUESDAY, MARCH 8, 1994

2025

SB 539 Do Pass, by Substitute SB 594 Do Pass, by Substitute

SB 711 Do Pass SR 509 Do Pass
Respectfully submitted, /s/ Watson of the 139th
Chairman

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 following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 651 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 825 Do Pass SB 47 Do Pass, by Substitute SB 454 Do Pass

SB 485 Do Pass, by Substitute SB 490 Do Pass

Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Harris of the 112th District, Vice-Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 505 Do Pass, by Substitute SB 507 Do Pass
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:

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JOURNAL OF THE HOUSE,

Your Committee on University System of Georgia 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 1063 Do Pass
Respectfully submitted, Is/ Smyre of the 136th
Chairman

Representative Royal of the 164th District, Vice-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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 209 Do Pass, by Substitute SR 206 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Vice-Chairman

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

WEDNESDAY, MARCH 9, 1994

2027

Representative Hall, Atlanta, Georgia Wednesday, March 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 Ed Nelson, First United Methodist Church, Greensboro, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 2049. By Representative Sherrill of the 62nd: A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the operation of additional recreational bingo games which shall not be subject to the same licensing requirements and regulations applicable to certain bingo games operated by nonprofit, tax-exempt organizations; to change the definition of the term "recreational bingo".
Referred to the Committee on Industry.
HB 2050. By Representative Sherrill of the 62nd: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definition of the offense of prostitution.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 2051. By Representatives Buckner of the 95th, Lee of the 94th and Benefield of the 96th:
A bill to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Public School Disciplinary Tribunal Act," so as to authorize local boards of education to impose certain disciplinary sanctions by another school system.
Referred to the Committee on Education.

HB 2053. By Representative Coleman of the 142nd:
A bill to amend Code Section 16-12-5 of the Official Code of Georgia Annotated, relating to tattooing, so as to provide that persons under the general supervision of a physician shall be exempted from the restrictions on tattooing near the eye.
Referred to the Committee on Health & Ecology.

HR 1108. By Representative Sherrill of the 62nd:
A resolution creating the Joint Study Committee on Financial Security for Retirement.
Referred to the Committee on Rules.

HR 1109. By Representative Sherrill of the 62nd:
A resolution proposing an amendment to the Constitution so as to provide for the initiation by petition of the electors of amendment or repeal of existing state law or proposed new state law and approval of such a statutory proposal by a majority of the electors voting on such statutory proposal in a general election.
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 2047 HB 2048 HB 2052 HB 2054 HR 1125 HR 1127

SB 723 SB 724 SB 725 SB 726 SB 728 SB 729

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

Mr. Speaker:

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

HB 2021 Do Pass HB 2022 Do Pass HB 2029 Do Pass HB 2030 Do Pass

HB 2031 Do Pass HB 2032 Do Pass HB 2033 Do Pass HB 2034 Do Pass

WEDNESDAY, MARCH 9, 1994

2029

HB 2035 Do Pass HB 2036 Do Pass HB 2037 Do Pass, by Substitute HB 2038 Do Pass HB 2039 Do Pass HB 2040 Do Pass HB 2041 Do Pass HB 2042 Do Pass

HB 2043 Do Pass HB 2044 Do Pass HB 2045 Do Pass HB 2046 Do Pass SB 597 Do Pass SB 599 Do Pass SB 667 Do Pass SB 703 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 9, 1994
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:
HR 982 Hlth care reform; urge elimination; drug pricing discrimination
SB 394 Homestead exemption; cert excess assessed value; certain residents SB 441 Sentence Reform Act of 1994; enact SB 506 Property tax amnesty program; provisions SB 547 Special license plates; veterans; minimum number SB 555 Paternity; establishment of SB 565 Patient self-referrals; definitions; additional services; exempt SB 574 Motor vehicle accident; exchange of information at scene SB 608 Erosion disturbing activity; amend prov SB 618 Amer Indian tribes; recognition; create housing authorities SB 627 Health Planning Review Board; amend provisions SB 629 Education; student records; parents' inspection SB 676 Superior Court Clerk's Cooperative Auth; membership SB 710 Lottery proceeds; continuation of projects
SR 203 Regional ind park dev.; co/mun share ad valorem tax proceeds - CA SR 462 Fulton County; convey property SR 463 Certain counties; grant easement SR 467 Certain counties; grant easement SR 470 Chattooga County; convey property SR 516 Martin Luther King, Jr., Boulevard; designate SR 522 Walter Kelly, Jr., Bridge; designate SR 561 Robert Lee Patten II Probation Boot Camp; 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:

2030

JOURNAL OF THE HOUSE,

HB 2021.

By Representative Tillman of the 173rd:
A bill to amend an Act creating the Board of Commissioners of Mclntosh County, so as to provide for four-year terms of office for members of the board of commissioners.

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

HB 2022.

By Representatives Hart of the 116th, Padgett of the 119th, Brown of the 117th, Howard of the 118th and Connell of the 115th:
A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to provide for an additional judge thereof and for that judge's appointment, election, terms, powers, duties, jurisdictions, privileges, immunities, qualifications, and compensation.

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

HB 2029. By Representative Smith of the 102nd:
A bill to amend an Act creating the Board of Commissioners of Harris County, so as to change the commissioner districts in said county.

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

HB 2030. By Representative Crawford of the 129th:
A bill to amend an Act providing a new charter for the City of Molena, so as to provide for two-year terms for the mayor and councilmembers.

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

HB 2031. By Representatives Holmes of the 53rd, Ashe of the 46th and Canty of the 52nd:
A bill to create the Atlanta-Fulton Family Connection Authority.

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

HB 2032.

By Representatives Watson of the 139th, Floyd of the 138th, Ray of the 128th and Walker of the 141st:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the corporate limits of said city.

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

HB 2033. By Representative Hughes of the 19th:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner.

WEDNESDAY, MARCH 9, 1994

2031

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

HB 2035.

By Representative Parrish of the 144th:
A bill to amend an Act providing for the election of the members of the Treutlen County Board of Education, so as to provide for the compensation of the members of the board.

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

HB 2036. By Representative Powell of the 23rd: A bill to create the Hart County Industrial Development Authority.

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

HB 2037.

By Representative Smith of the 169th:
A bill to amend an Act providing for the election of the board of education of Bacon County, so as to change the provisions relating to the compensation and benefits of the chairperson and members of the board.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for the election of the board of education of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, so as to change the provisions relating to the compensation and benefits of the chairperson and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the election of the board of education of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, is amended by striking Section 4 of Article II and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The chairperson of the board of education of Bacon County shall be compensated in the amount of $150.00 per month. In addition, the chairperson shall receive $75.00 for each meeting of the board which he or she attends and $75.00 for each day that he or she is outside of the county on official board business approved by the board.
(b) The other members of the board shall be compensated in the amount of $100.00 per month. In addition, each board member shall receive $50.00 for each meeting of the board which he or she attends and $50.00 for each day that he or she is outside of the county on official board business approved by the board.
(c) In addition to any compensation authorized in subsection (a) or (b) of this section, the chairperson and each member of the board shall be reimbursed for actual expenses necessarily incurred while traveling within or outside the state on official board business approved by the board."
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.

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JOURNAL OF THE HOUSE,

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

HB 2038. By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th:
A bill to create the Houston County School District Building Authority as a public corporation and an instrumentality of the State of Georgia.

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

HB 2039.

By Representatives Ray of the 128th and James of the 140th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said board of commissioners.

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

HB 2040.

By Representative Tillman of the 173rd:
A bill to amend an Act placing the clerk of the superior court, sheriff, and tax commissioner of Mclntosh County upon an annual salary, so as to change the provisions relating to the salary and expense allowance of the sheriff.

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

HB 2041. By Representative Tillman of the 173rd:
A bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, and the tax commissioner of Mclntosh County and to provide in lieu thereof annual salaries for such officers, so as to change the provisions relating to the compensation and fees of the tax commissioner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 2042.

By Representative Streat of the 167th:
A bill to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson, so as to reapportion the county; to provide for new districts.

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

HB 2043. By Representatives Carlisle of the 107th and Yates of the 106th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Spalding County.

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

WEDNESDAY, MARCH 9, 1994

2033

HB 2044. By Representatives Carlisle of the 107th and Yates of the 106th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Spalding County.

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

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 definitions and inclusions of parts of education districts; to provide for the submission of this Act to the United States Attorney General.

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

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 amendments 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 provide for a board manager for such board and the powers and duties thereof.

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

HB 2034.

By Representatives Polak of the 67th, Mobley of the 69th, Sherrill of the 62nd, O'Neal of the 75th, Randolph of the 72nd and others:
A bill to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, so as to increase such homestead exemption to $8,000.00 for certain residents of said city who are 62 years of age or over.

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

HB 2045. By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to provide for a homestead exemption from Spalding County ad valorem taxes for county purposes for certain residents of that county.

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

HB 2046.

By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to provide for a homestead exemption from hb County School District ad valorem taxes for school purposes for certain residents of that school district.

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

2034

JOURNAL OF THE HOUSE,

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot
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
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 Y Dix
Dixon, H Y Dixon, S
Dobbs Y Ehrhart Y Epps
Evans Felton Y Floyd, J.M Floyd, J.W
Y Godbee Y Golden
Goodwin
Y Greene Y Groover
Y Hammond Manner
Y Harris, B
Y Harris, M Hart
Y Heard Y Hegstrom Y Hembree
Henson Y Holland
Holmes

Y Howard 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
Y Ladd Y Lakly
Y Lane, D Y Lane, R
Lawrence Lawson YLee Y Lewis YLord
Lucas Y Maddox Y Mann
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 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
Shipp Simpson
Sinkfield Y Skipper

On the passage of the Bills, the ayes were 132, nays 0.

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

WEDNESDAY, MARCH 9, 1994

2035

The Bills, having received the requisite constitutional majority, were passed.

Representative Streat of the 167th stated that he was called from his desk at the time the roll call was taken on the Local Legislation. He wished to be recorded as voting "aye" thereon.

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

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

HB 762. By Representative Crawford of the 129th:
A bill to further define, prescribe, clarify, and enlarge the powers of the Thomaston-Upson County Office Building Authority.

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.

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.

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.

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 chairperson and commissioners of the Sumter County Board of Commissioners.

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 District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, in the amount of $20,000.00 of the assessed value of the homestead 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.

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.

2036

JOURNAL OF THE HOUSE,

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 commissioner districts.

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.

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.

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.

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.

HB 260. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave.

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 Annotated, relating to the computation of Georgia taxable net income, so as to increase the amount of the exclusion with respect to retirement income.

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.

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.

WEDNESDAY, MARCH 9, 1994

2037

HB 866. By Representative Powell of the 23rd:
A bill to amend Chapter 8 of Title 25 of the Official Code of Georgia Annotated, 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.

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 municipal solid waste or recovered materials; to provide definitions; to amend Code Section 40-6-203 of the Official Code of Georgia Annotated.

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 carrying of which constitutes a crime or delinquent act shall be subject to forfeiture.

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.

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 Annotated, relating to annual salaries of certain state officials, so as to change the compensation of judges of the superior courts.

HB 1426.

By Representative Taylor of the 134th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to the applicability of said chapter to an invalid car or the operator thereof.

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.

2038

JOURNAL OF THE HOUSE,

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 limits of certain salt-water finfish species, so as to prohibit the taking or possession of a red drum salt-water finfish which is in excess of 27 inches in total length.

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 Annotated, 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.

HB 1586. By Representative Cummings of the 27th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to provide that the board of trustees of such retirement system shall be authorized to grant certain cost of living benefit increases under certain circumstances.

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.

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 Annotated, relating to certificates of registration for registered interior designers, so as to change certain provisions regarding the waiver of examination requirements.

HB 1666. By Representative Bordeaux of the 151st:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the name of the State Board of Examiners in Optometry; to change the provisions relating to qualifications for membership on such board; to change the requirements for certification and registration necessary to engage in the practice of optometry.

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 trustees of such plan shall establish the rate of employee contributions within certain limits.

WEDNESDAY, MARCH 9, 1994

2039

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 Annotated, 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.

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 Annotated, relating to special education services, so as to change the eligibility criteria for state funded special education programs for the intellectually gifted.

HB 1813. By Representative Barnes of the 33rd:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to provide for required qualification of foreign limited liability partnerships; to provide for a definition; to provide for the laws governing a foreign limited liability partnership; to provide for and require certificates of authority.

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

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.

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.

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.

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

HB 649. By Representatives Sherrill of the 62nd and Davis of the 48th:
A bill to amend Code Section 31-7-3 of the Official Code of Georgia Annotated, 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.

2040

JOURNAL OF THE HOUSE,

HB 800. By Representatives Jenkins of the 110th, Smith of the 109th and Lucas of the 124th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that certain charges with respect to certain coin operated devices shall constitute retail sales for purposes of state sales and use taxation; to repeal an exemption from state sales and use tax with respect to certain gross revenues of certain amusement machines.

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 employment of public school system personnel, so as to provide for limitations upon decreases in certain local salary supplements.

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 circumstance the offense of murder committed while offender was engaged in the commission of the offense of drive-by shooting.

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 Annotated, 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.

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 Annotated, relating to fraudulent attempts to obtain refunds, so as to change which information is prohibited from being given to obtain refunds.

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 Annotated, 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.

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.

WEDNESDAY, MARCH 9, 1994

2041

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 "textbook" to include systematically designed material in any medium within that definition.

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 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.

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

HB 1130. By Representatives Godbee of the 145th, Coleman of the 142nd, Murphy of the 18th, Purcell of the 147th, Taylor of the 134th and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year, so as to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, conditions, and costs of such program.

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 Annotated, relating to ad valorem taxation of property, so as to change the contents of required notices of changes in taxpayer returns; to change certain provisions regarding interest on certain taxpayer refunds; to provide for waivers and exemptions.

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 condition 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.

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.

2042

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 Annotated, relating to municipal courts, so as to create the Council of Municipal Court Judges of Georgia.

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 Annotated, 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.

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 Senate has adopted the report of the Committee of Conference on 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 recedes from its amendments to the following 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 Annotated, relating to offenses against the public health and morals, so as to change the definition of recreational bingo; to authorize nonprofit organizations who are licensed to operate bingo games to operate recreational games.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

SB 41. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th, Gochenour of the 27th, Crotts of the 17th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or receipt of compensation provide certain services for and at the request and sanction of a public school upon public school property or at a public school sponsored function.

WEDNESDAY, MARCH 9, 1994

2043

SB 82. By Senator Walker of the 22nd:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, 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.
The Senate has agreed to the House amendments to the following Bills of the Senate:
SB 245. By Senator Henson of the 55th:
A bill to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt persons 15 years of age or over while taking instruction from a licensed driving instructor or a certified high school driver education instructor; to provide for use of dual control vehicles; to require insurance; to provide for eyesight examinations; to provide for an effective date.
SB 553. By Senator Blitch of the 7th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment of the Senate and qualifications of its members, so as to change the composition of certain senatorial districts; to provide for an effective date and applicability.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 727. By Senators Day of the 48th, Newbill of the 56th, Balfour of the 9th, Burton of the 5th and Tysinger of the 41st:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, as amended, so as to change the description of the education districts of the board; to provide for continuation in office; to provide for federally required submissions; to provide for effective dates.
SB 730. By Senators Clay of the 37th, Isakson of the 21st and Thompson of the 33rd:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.

SB 731. By Senators Isakson of the 21st, Clay of the 37th and Thompson of the 33rd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, as amended, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary; to provide an effective date.

SB 732. By Senators Thompson of the 33rd, Clay of the 37th and Isakson of the 21st:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for an effective date.

2044

JOURNAL OF THE HOUSE,

SB 733. By Senator Perdue of the 18th:
A bill to reconstitute the Board of Education of Houston County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions; to provide for successors; to provide for terms; to provide for vacancies; to provide for related matters; to provide for submission.

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

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.

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.

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 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.

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 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 provide a statement of legislative intent.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Scott of the 36th, Hill of the 4th and Clay of the 37th.

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

SB 727. By Senators Day of the 48th, Newbill of the 56th, Balfour of the 9th and others:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, as amended, so as to change the description of the education districts of the board; to provide for continuation in office; to provide for federally required submissions; to provide for effective dates.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 9, 1994

2045

SB 730. By Senators Clay of the 37th, Isakson of the 21st and Thompson of the 33rd:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 731. By Senators Isakson of the 21st, Clay of the 37th and Thompson of the 33rd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, as amended, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 732. By Senators Thompson of the 33rd, Clay of the 37th and Isakson of the 21st:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 733. By Senator Perdue of the 18th:
A bill to reconstitute the Board of Education of Houston County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions; to provide for successors; to provide for terms; to provide for vacancies; to provide for related matters; to provide for submission.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Lane of the 55th arose to a point of personal privilege and addressed the House.

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

SR 561. By Senator Blitch of the 7th: A resolution designating the Robert Lee Patten II Probation Boot Camp.

The following amendment was read and adopted:

The Committee on State Institutions and Property moves to amend SR 561 as follows:
On page 1, Line's 1 and 2, strike the words - "Boot Camp" and insert the words "Detention Center".
On Page 2, Lines 17 and 18, strike the words "Boot Camp" and insert "Detention Center".

2046

JOURNAL OF THE HOUSE,

On Page 2, Line 22, strike the words "Boot Camp" and insert the words "Detention Center".

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
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 Channel! Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Y Connell
Cox
Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson 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
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
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 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
Purcell, B Y Randall Y Randolph
Ray Y Reaves
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
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 E 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 adoption of the Resolution, as amended, the ayes were 158, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

The Speaker Pro Tern assumed the Chair.

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 provide for an appointing authority and a proposed area of operation.

The following amendment was read and withdrawn:

Representative Ehrhart of the 36th moves to amend SB 618 as follows:

WEDNESDAY, MARCH 9, 1994

2047

On page 2 strike on line 24 beginning with "The" all lines thru the word "article" on line 30.

The following amendments were read and adopted:

Representative Murphy of the 18th moves to amend SB 618 as follows:
By striking Section 3 in its entirety and renumbering the remaining sections accordingly.

Representative Teper of the 61st moves to amend SB 618 as follows: Page 3 line 3 after the word "tradition" insert the words: "as recorded in sworn statement".

Representatives Groover of the 125th, Byrd of the 170th and Watson of the 139th move to amend SB 618 as follows:
By adding on line 11 page 2 after "8-3-4." the following:
Such housing authority shall not be authorized to exercise the power of eminent domain with respect to any property unless prior approval is given by the governing authority of the county in which the property is located after notice of the proposal to exercise that power is given to the owner and an opportunity to be heard.

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

Y Colwell Connell
YCox N Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M N Dickinson NDix 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
Goodwin
Y Greene Y Groover Y Hammond Y Manner Y Harris, B N Harris, M N Hart Y Heard Y Hegstrom Y Hembree Y Henson N 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
Johnston Y Jones N Joyce NKaye
Kinnamon Y Klein Y Ladd N Lakly Y Lane, D
Y Lane, R N Lawrence N Lawson N 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 N Moore
Y Mosley N Mueller
E Oliver Y O'Neal Y Orrock Y Padgett E Parham N Parrish Y Patten Y Pelote Y Perry N Pinholster
Poag Y Polak Y Porter N Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts Y Royal
N Scoggins N 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 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 E Tillman Y Titus Y Towery
Y Trense Y Turnquest Y Twiggs N Vaughan Y Walker Y Wall Y Watson N Watts N Westmorland Y White Y Williams, B
N Williams, R N Yates Y Yeargin
Murphy, Spkr

2048

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 125, nays 46.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker assumed the Chair.

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

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 following Senate substitute was read:

A BILL
To amend an Act providing for the election of the Sumter County Board of Education, approved February 29, 1968 (Ga. L. 1968, p. 2065), as amended, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 2127), and an Act approved April 1, 1992 (Ga. L. 1992, p. 5171), so as to reconstitute said board of education; to provide education districts; to provide for definitions and inclusions; to provide for currently serving members; to provide for elections; to provide for terms of office; to provide for salaries; to provide for related matters; to provide for the submission of this Act to the United States Attorney General; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the election of the Sumter County Board of Education, approved February 29, 1968 (Ga. L. 1968, p. 2065), as amended, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 2127), and an Act approved April 1, 1992 (Ga. L. 1992, p. 5171), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:
"Section 1. (a) The Sumter County School District shall be defined as all of Sumter County including the area within the corporate limits of the City of Americus. The board of education of Sumter County shall be composed of nine members who shall be elected as provided in this Act. For the purpose of electing members of the board, the Sumter County School District shall be divided into nine education districts described as follows:
Education District: 1
SUMTER COUNTY VTD: 0005 LESLIE 15 (Part) Tract: 9508. Block(s): 105, 106, 107, 108, 109, 110, 113, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 146, 147, 155, 156, 157, 158, 159, 169, 170, 171, 173, 174, 175, 176, 177, 178, 179, 181, 193, 194, 195, 196, 197, 201, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229A, 229B, 230A, 230B, 230C, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242A, 242B, 242C, 243, 244A, 244B, 244C,

WEDNESDAY, MARCH 9, 1994

2049

245, 246A, 246B, 247, 248, 249, 250, 251A, 251B, 252A, 252B, 252C, 253A, 253B, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 309, 310, 311, 312, 313, 314A, 314B, 315, 316, 317, 326, 327, 328A, 328B, 329, 330A, 330B, 331A, 331B, 332, 333, 334, 335A, 335B, 336, 337, 338, 339, 340, 341, 342, 343, 344A, 344B, 345, 346A, 346B, 347, 348, 349, 350, 370, 372, 373, 374, 375, 376, 377A, 377B, 378, 379, 380, 381, 382, 383, 384 VTD: 0010 SUMTER CITY NEW 16 (Part) Tract: 9504. Block(s): 346, 347, 348, 349, 350, 351, 352, 353, 378, 379, 381, 382, 383 Tract: 9505. Block(s): 322, 323, 324, 335, 336, 337, 338, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372A, 372B, 373A, 373B, 374 VTD: 0015 HUNTINGTON OLD 16 (Part) Tract: 9505. Block(s): 341, 342, 343, 344 Tract: 9507. Block(s): 428, 429, 430, 431, 433, 434, 436, 437, 438 Tract: 9508. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 318, 319, 320, 321, 322, 323, 324, 325, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 371 VTD: 0020 THOMPSON 17 (Part) Tract: 9504. Block(s): 321, 322, 323, 324, 325, 327, 328, 329, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 354, 355, 356, 357, 358, 359, 360, 361, 362, 366, 367, 368, 371, 372, 373, 374, 375, 376, 377, 380, 384, 385, 386, 387 VTD: 0030 PLAINS OLD 26 (Part) Tract: 9504. Block(s): 311 VTD: 0035 AMERICUS 27 (Part) Tract: 9504. Block(s): 320 Tract: 9505. Block(s): 326B, 329, 331, 332, 333, 334 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 163, 164, 169, 170, 171, 172, 174, 175 Tract: 9507. Block(s): 120, 121, 122 Tract: 9508. Block(s): 202, 203, 204, 205
Education District: 2
SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9505. Block(s): 114B, 115, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 217A, 217C, 218, 219, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 232A Tract: 9506. Block(s): 216, 217, 218, 219, 220, 221, 222, 223, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328

2050

JOURNAL OF THE HOUSE,

Tract: 9507. Block(s): 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 409A, 409C, 409D, 409E, 409F, 409G, 410, 411, 412, 413
Education District: 3
SUMTER COUNTY VTD: 0010 SUMTER CITY NEW 16 (Part) Tract: 9505. Block(s): 315, 316, 317, 318, 319, 320, 321, 325, 326A, 330, 339, 340 VTD: 0035 AMERICUS 27 (Part) Tract: 9505. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114C, 114D, 116, 117, 119, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216A, 216B, 216C, 216D, 217B, 230, 237, 238, 309, 310, 311, 312, 313, 314, 327 Tract: 9506. Block(s): 131, 132, 133, 134, 139, 140, 141, 142, 143, 144, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302. 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 317 Tract: 9507. Block(s): 201C, 202, 203, 204, 205, 206A, 206B, 206C, 207A, 301, 302, 303. 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323
Education District: 4
SUMTER COUNTY VTD: 0030 PLAINS OLD 26 (Part) Tract: 9504. Block(s): 153, 201, 202A, 202B, 203, 204, 205, 206A, 213A, 215A, 216, 217, 218, 219, 220, 221, 222, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236A, 236B, 237A, 237B, 238A, 238B, 239, 240, 241A, 241B, 242, 243, 244, 254, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 312, 313, 314, 315, 316, 317, 318, 326, 330, 363, 364, 365 VTD: 0035 AMERICUS 27 (Part) Tract: 9503. Block(s): 513, 514A, 514B, 515, 516, 517, 518, 519A, 519B, 520A, 520B, 520C, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543, 545, 546 Tract: 9504. Block(s): 319 Tract: 9505. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 328
Education District: 5
SUMTER COUNTY VTD: 0025 CONCORD NEW 26 VTD: 0030 PLAINS OLD 26 (Part) Tract: 9504. Block(s): 141, 142, 143, 146, 147, 148, 149, 151, 152, 154, 155, 157, 158, 160, 161, 162, 163, 164, 165, 166, 206B, 207, 208, 209, 210, 211, 212, 213B, 214, 215B, 223B, 245, 246, 247, 248, 249, 250, 251, 252, 253, 369, 370 VTD: 0035 AMERICUS 27 (Part)

WEDNESDAY, MARCH 9, 1994

2051

Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 221, 222, 223, 224, 225, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 544
VTD: 0045 ANDERSONVILLE (Part) Tract: 9501. Block(s): 101A, 101B, 102, 103, 104A, 104B, 105, 106, 107A, 107B, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117A, 117B, 118, 119A, 119B, 120, 121, 186 Tract: 9503. Block(s): 127, 128A, 128B, 128C, 129A, 129B, 129C, 130, 131A, 131B, 132
Education District: 6
SUMTER COUNTY VTD: 0005 LESLIE 15 (Part) Tract: 9508. Block(s): 101, 102, 103, 104, 111, 112, 114, 143, 144, 145, 148, 149, 150, 151, 152, 153, 154, 160, 161, 162, 163, 164, 165, 166, 167, 168, 172, 180, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114C, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141C, 141D, 142, 149A, 149C, 150, 151, 152, 301A, 301B, 301C, 301E, 302, 306, 307, 308, 309, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315B, 315C, 316A, 316B, 317, 318, 319, 320, 321A, 321B, 322, 323, 402, 403, 404, 405, 406, 407, 411, 412A, 412B, 413, 414, 415, 416, 417, 419, 421, 422, 423, 424, 425, 426, 427, 428 Tract: 9506. Block(s): 101, 126, 127, 128, 129, 130, 145, 146, 147, 148, 149 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 165, 166, 167, 168, 173, 176, 177, 178, 179, 180, 181, 182, 183, 192, 193, 194, 195, 196, 197 Tract: 9502. Block(s): 101, 102, 103, 104, 130, 131, 153, 154, 155, 401, 431, 432, 433 Tract: 9507. Block(s): 101, 102, 103 VTD: 0045 ANDERSONVILLE (Part) Tract: 9501. Block(s): 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 151, 184, 185, 187, 188, 189, 190, 191
Education District: 7
SUMTER COUNTY

2052

JOURNAL OF THE HOUSE,

VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 408, 409A, 409B, 409C, 409D, 409E, 410, 418, 420, 429, 430 Tract: 9505. Block(s): 231, 232B, 233A, 233B, 233C, 234, 235, 236 Tract: 9507. Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 201A, 201B, 201D, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407B, 407C, 408A, 408B, 409B, 414A, 414B, 414C, 414D, 415A, 415B, 415C, 415D, 416A, 416B, 416C, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435
VTD: 0040 CHAMBLISS 28 (Part) Tract: 9507. Block(s):119
Education District: 8
SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9503. Block(s): 135C, 136, 139A, 140A, 141, 142A, 143, 144, 215A, 215B, 215C, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 533, 534 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 201, 202 Tract: 9506. Block(s): 303, 304
Education District: 9
SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 114B, 115A, 115B, 115C, 115D, 116A, 116B, 117A, 117B, 118A, 118B, 118C, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123A, 123B, 124A, 124B, 125, 126, 141B, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, 148A, 148B, 148C, 149B, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 301D, 303A, 303B, 304, 305, 310 Tract: 9503. Block(s): 133, 134, 135A, 135B, 135D, 137A, 137B, 138, 139B, HOB, 142B Tract: 9506. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 135, 136, 137, 138

WEDNESDAY, MARCH 9, 1994

2053

(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia.
(5) Any part of the Sumter County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of the Sumter County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said Act is further amended by striking in their entirety Sections 2 and 3 and inserting in lieu thereof, respectively, the following:
"Section 2. (a) No person shall be a member of the board of education if he or she is ineligible for such office pursuant to the provisions of Code Sections 20-2-51 or 45-2-1 or any other provision contained in the O.C.G.A.
(b) There shall be one member of the board elected from each education district. In order to be elected as a member of the board from an education district, a person must have resided in that education district for at least six months prior to the date such person qualified as a candidate for election from such district 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 election district may vote for a member of the board from that district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.
(c) In the event a vacancy occurs in the membership of the board of education for any reason, such vacancy shall be filled as follows:
(1) If the vacancy occurs more than 90 days prior to the date of a general election preceding the general election at which a successor would be elected to a new full term of office, then such vacancy shall be filled for the unexpired term of office at a special election to be held on the same date as said general election preceding the general election at which a successor would be elected to a new full term of office; and in this case the remaining members of the board of education shall, by majority vote, select a qualified person to fill the vacancy until the person elected at such special election takes office.
(2) If the vacancy does not occur more than 90 days prior to the date of a general election preceding the general election at which a successor would be elected for a new full term of office, then the remaining members of the board of education shall, by majority vote, select a qualified person to serve for the remainder of the unexpired

2054

JOURNAL OF THE HOUSE,

term. The individual so selected must meet the residency requirements as specified in subsection (b) of this section. Section 3. (a) The member of the board who was elected in 1992 to represent existing Education District 6, Gary Houston, shall continue to serve until expiration of his term of office and until the election and qualification of his successor. The member of the board who was elected in 1992 to represent existing Education District 4, Irene Edge, shall continue to serve until the expiration of her term of office or until the election and qualification of her successor. After January 1, 1995, Gary Houston and Irene Edge shall represent, respectively, new Education Districts 6 and 4 as described in Section 1 of this Act. The member of the board who was elected in 1992 to represent existing Education District 2, Carolyn Whitehead, shall continue to serve until the expiration of her term of office or until the election and qualification of her successor. After January 1, 1995, Carolyn Whitehead shall represent new Education District 1 as described in Section 1 of this Act. (b) A member of the board of education shall be elected in 1994 to take office January 1, 1995, to represent new Education District 2. Such member shall be elected to serve a term of two years. The successor in office to that member elected to represent new Education District 2 shall serve four year terms thereafter. Members of the board of education shall be elected in 1994 for districts 3, 5, 7, 8 & 9 and shall serve for a term of four years or until the election and qualification of his or her successor. (c) Elections in 1994, as set forth in subsection (b) above, shall be by special election. Said special election shall be called in accordance with Code Section 21-5-540 of the Official Code of Georgia Annotated and shall be held in conjunction with the general election, which is the Tuesday after the first Monday in November, 1994. Thereafter, candidates for the office of school board member shall be nominated in nonpartisan primaries, which primaries shall be held on the third Tuesday in July in each even-numbered year, or on such other date as may be established by general law for holding nonpartisan primaries. The primary held for such purpose shall be conducted by the superintendent of elections in the same manner as prescribed by law and by rules and regulations of the State Election Board and the superintendent for general elections. (d) Members of the board of education shall receive a monthly salary of their service as members of the board in the amount of $200 per month, plus reimbursement for actual expenses necessarily incurred in connection therewith. (e) At the first meeting of the board of education in January, 1995, and at the first regular meeting held in January of each year thereafter, the board shall elect a chairperson and a vice chairperson, each of whom shall be eligible to succeed himself or herself. (f) Five members of the board shall constitute a quorum for the transaction of any business which may come before the board."
Section 3. It shall be the duty of the board of education of Sumter County to require the attorney thereof to submit this Act for approval, pursuant to Section 5 of the federal Voting Rights Act of 1965.
Section 4. Section 1 of this Act shall become effective on January 1, 1995. All other sections of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Skipper of the 137th moved that the House agree to the Senate substitute to HB 1890.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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

WEDNESDAY, MARCH 9, 1994

2055

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

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 definitions 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Hill of the 4th, Ralston of the 51st and Starr of the 44th.

The Senate adheres to its disagreement to the House amendment to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the House:

HB 690. By Representative Barnes of the 33rd:
A bill to amend Code Section 17-15-8 of the Official Code of Georgia Annotated, relating to persons eligible for awards from the Georgia Crime Victims Compensation Board, so as to raise the maximum amount which may be awarded for a claim.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Cheeks of the 23rd, Marable of the 52nd and Ray of the 19th.

The Senate insists on its substitute 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 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 renegotiation and filing.

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

HB 1860. By Representative Williams of the 114th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, so as to raise the continuing education hours required from 12 to 18.

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

2056

JOURNAL OF THE HOUSE,

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 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.

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

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 Annotated, relating to the office of the Governor, so as to provide for decentralization of state government; to provide for evaluations; to provide that the Office of Planning and Budget shall effectuate the purposes of decentralization of state government.

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 contracts for the purchase of certain residential property shall have a "Binding Arbitration and Warranty Disclosure Statement".

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

WEDNESDAY, MARCH 9, 1994

2057

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker: The Senate has agreed to the House substitute, as amended by the Senate, to the following Bill of the Senate:
SB 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 Corrections; to provide for an effective date and applicability.
The following Resolutions of the House were read and adopted:
HR 1128. By Representative Poag of the 6th: A resolution commending the 1994 Murray County High School State Wrestling Champions.
HR 1129. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Buckner of the 95th: A resolution recognizing Kenneth Ray Muse.
HR 1130. By Representative Sherrill of the 62nd: A resolution expressing regret at the passing of Jim Cason.
HR 1131. By Representatives Streat of the 167th, Smith of the 169th, Carrell of the 87th, Mosley of the 171st, James of the 140th and others: A resolution commending the Georgia School Food Service Association.
HR 1132. By Representatives Lane of the 55th, Groover of the 125th, Cummings of the 27th and Murphy of the 18th: A resolution commending the editorial staff of the Office of Legislative Counsel.
HR 1133. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th: A resolution commending Georgia Save Outdoor Sculpture.
HR 1134. By Representatives Murphy of the 18th, Walker of the 141st, Royal of the 164th, Lee of the 94th, Watts of the 26th and others: A resolution commending Honorable Robert C. "Bobby" Pafford.

2058

JOURNAL OF THE HOUSE,

HR 1135. By Representative Purcell of the 147th:
A resolution commending and recognizing Ms. Lillie Mae Cowart of Ellabelle, Georgia.

HR 1136. By Representative Purcell of the 147th:
A resolution commending and recognizing Ms. Willie Mae Morgan of Pembroke, Georgia.

HR 1137. By Representative Teper of the 61st: A resolution commending and recognizing Ms. Sherry Frank.

HR 1138. By Representative Scoggins of the 24th:
A resolution commending and recognizing the 1991-94 Athens Christian School Golden Eagles boys sports teams.

HR 1139. By Representative Scoggins of the 24th:
A resolution commending and recognizing the 1991-1993 Athens Christian School Lady Eagles sports teams.

HR 1140. By Representatives Coleman of the 142nd, Barfoot of the 155th and Byrd of the 170th:
A resolution commending the Henry Frank Thaxton Family.

HR 1141. By Representatives Watts of the 26th, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Lawson of the 20th and others:
A resolution expressing regret at the passing of Mr. E. B. Topmiller, Sr.

HR 1142. By Representative Murphy of the 18th: A resolution commending the performers of Atlantic Bridges.

HR 1143. By Representatives Murphy of the 18th, Lee of the 94th, Connell of the 115th, Walker of the 141st, Twiggs of the 8th and others:
A resolution recognizing and commending Dr. James A. Kaufmann.

HR 1144. By Representative Poston of the 3rd: A resolution commending Angela Leigh McAllister.

HR 1145. By Representative Poston of the 3rd: A resolution commending Thomas Dorsey Emberson.

HR 1146. By Representative Poston of the 3rd: A resolution commending James Stanton Soback.

HR 1147. By Representative Poston of the 3rd: A resolution commending Thomas Darrell Weldon, Jr.

WEDNESDAY, MARCH 9, 1994

2059

HR 1149. By Representatives Towery of the 30th, Coker of the 31st, Atkins of the 29th, Shipp of the 38th, Vaughan of the 34th and others:
A resolution commending Col. L.R. "Bob" Bailey.

HR 1150. By Representative Towery of the 30th: A resolution commending Calvary Children's Home.

HR 1151. By Representatives Towery of the 30th and Coker of the 31st: A resolution commending Gary McKee.

HR 1152. By Representative Towery of the 30th: A resolution commending the Vinings Civic Club.

HR 1153.

By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution remembering Charles P. Brooks and expressing regret at his passing.

HR 1154. By Representative Coleman of the 80th:
A resolution commending Johnny Griffith and proclaiming May 9, 1994, as Johnny Griffith Day in Georgia.

HR 1155. By Representative Smith of the 109th:
A resolution congratulating Mr. and Mrs. Charles Ricketts upon their fiftieth wedding anniversary.

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

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 following Senate amendment was read:

Amend HB 1910 by striking line 16 of page 1 and inserting the following: "1996 and every four years thereafter, the judge of the".

Representative Brooks of the 103rd moved that the House agree to the Senate amendment to HB 1910.
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 following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

2060

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.

The following amendment was read and adopted:

The Committee on Education moves to amend SB 629 by striking lines 3 and 4 of page 1 in their entirety and inserting in lieu thereof the following:
"Annotated, relating to student records, so as to prohibit any school system from denying".
By striking lines 15 through 17 on page 1 in their entirety and inserting in lieu thereof the following:
'"20-2-720. No local school system, whether county, independent, or area, shall have a policy".

The following amendment was read:

Representative Bunn of the 74th, et al. move to amend SB 629 by inserting on line 6 of page 1 after "child;" the following:
"to protect the privacy of such records;".
By inserting at the end of line 9 of page 2 after "terminated." the following:
"The privacy of all students' records and tests shall be protected by prohibiting any student's records or tests being sent outside of the local school system without the signed consent of the student's parent or legal guardian. A former student may, as an adult, also grant permission for release of all or part of that individual's school records. Student records and tests shall not be included in any database to be transferred to any out-of-district or out-of-state database. Such records may be used for statistical purposes only if of a nonidentifying nature.".

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

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

NByrd Y Campbell Y Canty N Carlisle
N Carrell Carter
Y Cauthorn N Chambless Y Chandler Y Channell N Childers Y Clark Y Coker Y Coleman, B
Coleman, T Colwell
Connell N Cox Y Crawford Y Crews N Culbreth

Y Cummings Davis, G
Y Davis, M Y Dickinson Y Dix N Dixon, H N Dixon, S Y Dobbs Y Ehrhart
N Epps Evans
Y Felton N Floyd, J.M
Floyd, J.W N God bee N Golden
Good win Greene N Groover
Y Hammond N Manner

Harris. B Y Harris, M
Hart Heard Hegstrom
Y Hembree Y Henson
N Holland Holmes
Y Howard N Hudson N Hughes
Hugley Y Irvin Y James
Jamieson Y Jenkins
Johnson, D.H
Y Johnson, E Johnson, G
Y Johnson, J

N Johnston Jones
Y Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly
Lane, D Lane, R Y Lawrence Lawson
NLee Y Lewis
NLord N Lucas Y Maddox Y Mann N Martin Y McBee N McClinton

McKinney N Milam Y Mills N Moblev. B Y Moblev. J Y Moore Y Mosley
Mueller E Oliver Y O'Neal
Orrock Padgett E Parharn N Parrish Patten

WEDNESDAY, MARCH 9, 1994

Y Pelote N Perry Y Pinholster
Poag N Polak Y Porter Y Poston
N Powell
N Purcell, A
Y Purcell, B N Randall \ Randolph
N Ray-
Reaves
N Reichert

Y Roberts N Royal Y Scoggins N Shanahan Y Sherrill Y Shipp
Simpson Sinkfield N Skipper Y Smith, C N Smith, L N Smith, P Smith, T
Y Smith, V
Y Smith, W

Smyre
Snow
N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson
Streat N Taylor N Teague Y Teper
Thomas Y Tillman Y Titus Y Towery

2061
Y Trense Turnquest Twiggs
Y Vaughan N Walker Y Wall N Watson
Watts Y Westmoreland
White Y Williams, B Y Williams, R Y Yates
Yeargin Murphy, Spkr

On the adoption of the amendment, the ayes were 77, nays 57. The amendment was adopted.

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

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

Colwell
Connell
Cox
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
Y Evans Y Felton
Y Floyd, J.M
Floyd, J.W
Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Manner
Y Harris, B Y Harris, M
Hart Heard Y Hegstrom Y Hembree Y Henson Y Holland Holmes

Y Howard Y Hudson N Hughes Y Hugley Y Irvin Y James Y Jamieson
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
Lane, D Y Lane, R N 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 Moblev, 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 Y Purcell, B Y Randall Y Randolph YRay
Reaves
Y Reichert Roberts
Y Royal
Y 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 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
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
Yeargin Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 142, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

2062

JOURNAL OF THE HOUSE,

SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th, Ragan of the llth and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has contracted; to provide for the submission of this amendment for ratification or rejection.

The following Committee substitute was read and withdrawn:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize counties and municipalities to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipalities with other contiguous counties or municipal corporations with which the assessing county or municipality has contracted for the purpose of development of regional facilities by such counties or municipalities; to provide for a definition; to provide for the allocation of certain other revenues; to provide for the initiation of facilities; to provide for required contract provisions; to provide for application of certain job tax credits; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV of the Constitution is amended by adding a new Paragraph IV to read as follows:
"Paragraph IV. Tax allocation; regional facilities, (a) As used in this Paragraph, the term 'regional facilities' means industrial parks, business parks, conference centers, convention centers, airports, athletic facilities, recreation facilities, or other similar or related economic development parks, centers, or facilities or any combination thereof. Notwithstanding any other provision of this Constitution, a county or municipality is authorized to enter into contracts with other contiguous counties, municipalities, or combinations thereof for the purpose of allocating the proceeds of ad valorem taxes assessed and collected on real property located in such county or municipality with other contiguous counties or municipalities with which the assessing county or municipality has entered into agreements for the development of one or more regional facilities and allocating other revenues generated from such regional facility. Any such regional facility may be publicly or privately initiated. The allocation of such tax proceeds and other revenues shall be determined by contract between the affected local governments. Such contract shall provide for the manner of development, operation, and management of the regional facility and the sharing of expenses among the contracting counties or municipalities and shall specify the percentage of ad valorem taxes and other revenues to be allocated and the method of allocation to each contracting county or municipality. A regional facility will qualify for the greatest dollar amount of job tax credits which may be provided for by general law of any of the counties or municipalities which have entered into an agreement for the development of a regional facility, regardless of the county in which the business is physically located."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize counties and municipalities to enter into contracts for the purpose of allocating pro-
( ) NO ceeds of ad valorem taxes assessed and collected on real property located

WEDNESDAY, MARCH 9, 1994

2063

in such county or municipality with other contiguous counties or municipalities with which the assessing county or municipality has contracted for the purpose of development of regional facilities by such county or municipal governments and for allocating other revenues generated from such regional facilities and to provide for the application of job tax credits to any such regional facilities?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following substitute, offered by Representatives Walker of the 141st, Baker of the 70th, Royal of the 164th and Bordeaux of the 151st was read and adopted:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize counties and municipalities to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipalities with other contiguous counties or municipal corporations with which the assessing county or municipality has contracted for the purpose of development of regional facilities by such counties or municipalities; to provide for a definition; to provide for the allocation of certain other revenues; to provide for the initiation of facilities; to provide for required contract provisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article IX, Section IV of the Constitution is amended by adding a new Paragraph IV to read as follows:
"Paragraph IV. Tax allocation; regional facilities. As used in this Paragraph, the term 'regional facilities' means industrial parks, business parks, conference centers, convention centers, airports, athletic facilities, recreation facilities, or other similar or related economic development parks, centers, or facilities or any combination thereof. Notwithstanding any other provision of this Constitution, a county or municipality is authorized to enter into contracts with other contiguous counties, municipalities located in contiguous counties, or combinations thereof for the purpose of allocating the proceeds of ad valorem taxes assessed and collected on real property located in such county or municipality with other contiguous counties or municipalities located in contiguous counties with which the assessing county or municipality has entered into agreements for the development of one or more regional facilities and allocating other revenues generated from such regional facilities. The allocation of such tax proceeds and other revenues shall be determined by contract between the affected local governments. Such contract shall provide for the manner of development, operation, and management of the regional facility and the sharing of expenses among the contracting counties or municipalities and shall specify the percentage of ad valorem taxes and other revenues to be allocated and the method of allocation to each contracting county or municipality."

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 counties and cities to contract with neighboring counties and cities concerning regional facilities and the sharing of support of and benefits from such regional facilities?"

2064

JOURNAL OF THE HOUSE,

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

Y Ashe 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 Y Coleman, T

Y Colwell Connell
YCox Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G
Y Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Epps 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
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
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 Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller E Oliver
Y O'Neal Y Orrock
Padgett E 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 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
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 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
Yeargin Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 156, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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 pharmaceutical manufacturers; recommending that the Georgia congressional delegation 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.

The following Committee substitute was read and adopted:

WEDNESDAY, MARCH 9, 1994

2065

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 multi-tiered pricing practices by pharmaceutical manufacturers; recommending that the Georgia congressional delegation be urged to include a provision for the elimination of multi-tiered pricing practices by pharmaceutical manufacturers in any health care reform proposal adopted by the Congress; urging pharmaceutical manufacturers currently offering drug products in this state to eliminate the practice of multi-tiered pricing on all pharmaceutical products; and for other purposes.
WHEREAS, community pharmacists are on the front line of spiraling health care costs and these health care professionals see patients everyday who have to make the decision between being able to purchase their prescription drugs or buying food for their families; and
WHEREAS, the multi-tiered pricing practices of pharmaceutical manufacturers prevent community pharmacies from acquiring prescription medications for their patients at lower prices readily offered to noncommunity pharmacies and certain managed care plans; and
WHEREAS, because of multi-tiered pricing discounts which pharmaceutical manufacturers offer to noncommunity pharmacy purchasers, cost shifting occurs to the detriment of many consumers and individuals served by community pharmacies; and
WHEREAS, in order for community pharmacies to continue to provide high quality pharmacy care and prescription medications to patients in the State of Georgia, community pharmacies must be able to purchase those medications at a fair and reasonable price; and
WHEREAS, community pharmacies cannot currently purchase those medications at an equitable price because of the multi-tiered pricing practices of pharmaceutical manufacturers; and
WHEREAS, without the elimination of these multi-tiered pricing practices of pharmaceutical manufacturers, patients will be forced into a health care delivery system that will not offer patients the same quality services nor the broad and full range of pharmaceutical services currently available in community pharmacies; and
WHEREAS, for our state and nation to be successful in adopting true health care reform, the ability of all pharmacies to acquire prescription medications based on equal terms and standard business practices such as volume discounts and timely payment must be ensured; and
WHEREAS, the elimination of drug manufacturers' multi-tiered pricing practices is vital and essential if the health care system is to achieve an equitable and fair distribution of pharmaceutical products in any health care reform proposal; and
WHEREAS, currently, pharmacists are the most accessible and evenly distributed health care providers in Georgia and these highly trained and capable health care professionals provide essential primary care services in many underserved areas of the state; and
WHEREAS, the pricing differences between purchasers are multi-tiered and may not be in the best interest of many consumers and citizens of the State of Georgia, and the consumers of pharmaceutical products dispensed in community pharmacies are forced to subsidize prices offered to select purchasers such as out-of-state mail-order drug operations and other noncommunity pharmacies as a direct result of current multi-tiered pricing structures.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does urge that the Georgia Commission on Health Care include in

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its recommendations to the Governor and the General Assembly a provision which calls for the elimination of multi-tiered pricing practices by pharmaceutical manufacturers.
BE IT FURTHER RESOLVED that the Georgia congressional delegation is urged to include a provision in any health care reform proposal adopted by the Congress which calls for the elimination of multi-tiered pricing practices for pharmaceutical products and services.
BY IT FURTHER RESOLVED that manufacturers of pharmaceutical products which are offered in this state are strongly urged to eliminate such multi-tiered pricing practices.
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 members of the Georgia Commission on Health Care and the Georgia congressional delegation.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 111, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 547. By Senator Langford of the 29th:
A bill to amend Code Section 40-2-85.1 of the Official Code of Georgia Annotated, 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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 40-2-85.1 of the Official Code of Georgia Annotated, 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; to change the fee for such license plates; to provide for the design of 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 40-2-85.1 of the Official Code of Georgia Annotated, relating to special and distinctive license plates for veterans, is amended by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) Motor vehicle owners who are retired veterans of the armed forces of the United States or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation^ provided that the requisite number ef applications are
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 commissioner and include the requisite fee. T-he commissioner shall retain H applications

WEDNESDAY, MARCH 9, 1994

2067

have been received (or a distinctive license plate for a specific war er military operation. After receipt ef 360 applications for such a distinctive license plate for such war er militftry oper&11oiij itic commissioner sndii design ft cnstincwve license pifrte to? Tiiftt/ wftr o?
tinctivc license plates te present tmd future qualifying applicants. If the commissieHer
QOGS riOl FCCC1VC tnC FCQUlfefl fTllOHTHJfft fiOU ftpplKJfltlOIlS fOf d SpCCltlC WOT 'Of IHllltftFy
operft11ow oy viiiy or ot trie yesr preceding tnc yefli of issufliice of sucn pifltcs( trie com
for that war er military operation, ad aU fees shall fee refunded te applicants. The commissioner shall design a distinctive license plate to commemorate service by the United States armed forces in wars listed above. 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 $60.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable."
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 following substitute, offered by Representative Birdsong of the 123rd was read:

A BILL
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that special license plates may be issued to state commanders of nationally chartered veterans' organizations; to provide that presentation of a handicapped identification card shall constitute proof of disability or hearing impairment; to repeal the requirement that a certain minimum number of applications must be received before such license plates shall be issued; to change the fee for such license plates; to provide for the design of 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. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking in its entirety subsection (a) of Code Section 40-2-67, relating to special license plates for commanders of certain veterans' organizations, and inserting in lieu thereof a new subsection (a) to read as follow:
"(a) The state commanders of nationally chartered veterans' organizations, the
Veterans, the Veterans ef World War 1^ asd the Spanish-American War Veterans, upon application and compliance with the state motor vehicle laws relative to the registration and licensing of motor vehicles, upon payment of the regular license fees for license plates as provided by law, and upon the payment of an additional initial fee of $25.00 and an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted as provided in Code Section 40-2-34, shall be issued license plates as prescribed in Code Section 40-2-31 for use on their official or private passenger automobiles, upon which, in lieu of the numbers prescribed by said Code section, shall be such figures or symbols indicative of the office held by such individuals as may be prescribed by the commissioner."

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JOURNAL OF THE HOUSE,

Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 40-2-74, relating to special license plates for disabled persons, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting satisfactory proof to the commissioner or one of his or her agents that he or she has permanently lost the use of a leg or both legs, or an arm or both arms, or any combination thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be issued a specially designated disabled person's license plate from the commissioner. For purposes of this subsection, presentation of a handicapped identification card issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of disability."
Section 3. Said article is further amended by striking in its entirety subsection (b) of Code Section 40-2-74, relating to special license plates for disabled persons, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him or her a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, 'hearing impaired person' shall have the same meaning as defined in Code Section 24-9-101, except that the term 'hearing impaired person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 40-5-35, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended. For purposes of this subsection, presentation of a handicapped identification card issued pursuant Article 8 of Chapter 5 of this title shall constitute proof of hearing impairment."
Section 4. Said article is further amended by striking in its entirety subsections (a) and (b) of Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) Motor vehicle owners who are retired veterans of the armed forces of the United States or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation; provided that th requisite number ef applications ate received by the commissioner as provided subsection (fe> ef 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 commissioner and include the requisite fee. The commissioner shall retain H applications received for such special and distinctive license plates for the wars er military operation
have been received for a distinctive license plate for a specific war er military operation. After receipt ef 260 applications for such distinctive license plate for such war er military operation, the commissioner shall design a distinctive license plate for that war r miiitftpy operfl11on sts provided tft suosection \&j of tnis oode section find issue tiie dis~ tinctivc liccnac plates te present and future qualifying applicants. K the commissioner

missioner sriflii not ciccept flny sppiicst/ions tor HOP issue sucn distinctive license pistes for that war or military operation, and aH fees shall be refunded fo applicants. The commissioner shall design a distinctive license plate to commemorate service by the United States armed forces in wars listed above. 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 $4MQ $60.00. The commissioner

WEDNESDAY, MARCH 9, 1994

2069

is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable."
Section 5. Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 2 and 3 of this Act shall become effective on July 1, 1994. Section 4 of this Act shall become effective on January 1, 1995.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives McKinney of the 51st and Randall of the 127th move to amend the Floor substitute to SB 547 by adding in the title on line 4 of page 1 between the word "as" and the word "to" the following:
"to change the provisions relating to special license plates for members of the General Assembly;".
By adding between lines 14 and 15 of page 1 the following:
"Section 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking in its entirety Code Section 40-2-62, relating to special license plates for members of the General Assembly, and inserting in lieu thereof a new Code Section 40-2-62 to read as follows:
'40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before December 31 of each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing ad upon paymcnt ef an additional registration fee ef $26.00 which shall fee collected tey the county
th state as provided in Code Section 40'2-84 of motor vehicles.'"
By striking in their entirety lines 15 through 18 of page 1 and inserting in lieu thereof the following:
"Section 1.1. Said article is further amended by striking in its entirety subsection".
By striking in their entirety lines 14 and 15 of page 5 and inserting in lieu thereof the following:
"Section 5. Sections 1 and 1.1 of this Act shall become effective upon their approval by the Governor or upon their".

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 Barfuot

N Bargeron N Barnes N Bates

N Benefield N Birdsong
Bordeaux

Bostick N Breedlove N Brooks, D

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Y Brooks, T Brown
NBuck N Buckner
Y Bunn N Burkhalter
N Byrd N Campbell
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 Connel!
NCox
N Crawford
N Crews
N Culbreth
N Cummings Y Davis, G N Davis, M N Dickinson NDix 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
Golden
Goodwin
Greene N Groover
Hammond Hanner
N Harris, B N Harris, M
Hart Heard N Hegstrom N Hembree N Henson N Holland N Holmes Y Howard N Hudson N Hughes N Hugley N Irvin
Y James N Jamieson
Jenkins
Y Johnson, D.H

N Johnson, E Y Johnson, G N Johnson, J N Johnston
Jones N Joyce N Kaye N Kinnamon N Klein N Ladd
Lakly Lane, D N Lane, R N Lawrence N Lawson N Lee N Lewis NLord 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 Mueller
E Oliver

O'Neal N Orrock N Padgett E Parham N Parrish N Patten
Y Pelote N Perry N Pinholster NPoag N Polak N Porter N Poston
Powell
N Purcell, A Y Purcell, B Y Randall N Randolph NRay N Reaves N Reichert N Roberts N Royal N Scoggins
N Shanahan
Sherrill
N Shipp
N Simpson
Y Sinkfield
N Skipper N Smith, C N Smith, L N Smith, P

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

On the adoption of the amendment, the ayes were 18, nays 129. The amendment was lost.

The Floor substitute was adopted.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breed love Y Brooks, D
Brooks, T Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Canty Y Carlisle Y Carrell Y Carter

Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T 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 Flovd, J.M 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 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 Y Kaye Y Kinnamun Y Klein YLadd Y Lakly
Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton N 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
Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert

WEDNESDAY, MARCH 9, 1994

2071

Y 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 Y Smith, V Y Smith, W
Smyre Y Snow
Y Stancil, F

Y Standl, 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 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 substitute.

The Speaker assumed the Chair.

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 felonies shall serve minimum terms of imprisonment which shall not be suspended, 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.

The following Committee substitute was read:

A BILL
To provide that persons who are convicted of certain serious violent felonies shall serve minimum terms of imprisonment which shall not be suspended, 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; to provide for legislative findings; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain penalty provisions applicable to the crimes of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to change the provisions relating to the fixing of sentences and the suspension or probation of sentences for persons convicted of serious violent felonies; to provide that sentences of imprisonment upon conviction of serious violent felonies shall not be reviewable by a three-judge panel; to define the term "serious violent felony"; to provide for the sentencing and punishment of persons convicted of serious violent felonies; to provide for the punishment of a defendant who has been convicted of a serious violent felony and sentenced to life imprisonment; to provide for the punishment of a defendant who has been convicted of a serious violent felony and sentenced to death but whose sentence of death has been commuted to life imprisonment; to restrict the authority of the State Board of Pardons and Paroles with respect to the granting of paroles or early release to persons who has been convicted of certain serious violent felonies; to provide an exception; to restrict the authority of the Department of Corrections with respect to the granting of earned time, early release, work release, leave, or other such sentence-reducing measures to persons who have been convicted of certain serious violent felonies; to provide for the meanings of additional terms; to provide that a person who has been convicted previously of a serious violent felony and who thereafter commits a serious violent felony for which such person is not sentenced to death shall be sentenced to life imprisonment without parole if one or more statutory aggravating circumstances are found by the court or the jury; to provide for the duties of the judge and jury;

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to provide that such sentence shall not be suspended, probated, stayed, deferred, or withheld; to provide that such a person sentenced to life imprisonment without parole shall not be eligible for parole or for any earned time, early release, work release, leave, or other such sentence-reducing measures authorized by law or the Department of Corrections; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the granting of pardons, paroles, and other relief, so as to change the provisions relating to restrictions on relief for a person serving a second life sentence; to change the provisions relating to the general rule-making power of the State Board of Pardons and Paroles; to change the provisions relating to the prohibition against the release of certain inmates for the purpose of regulating jail or prison populations; to provide for related matters; to provide for applicability; to provide for severability; to provide a conditional 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. This Act shall be known and may be cited as the "Sentence Reform Act of 1994."
Section 2. The General Assembly declares and finds: (1) That persons who are convicted of certain serious violent felonies shall serve
minimum terms of imprisonment which shall not be suspended, probated, stayed, deferred, or otherwise withheld by the sentencing judge; and
(2) That sentences for mandatory minimum periods of time ordered by courts in cases of certain serious violent felonies shall be served in their entirety and shall not be reduced by parole or by any earned time, early release, work release, or other such sentence-reducing measures administered by the Department of Corrections.
Section 3. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking in its entirety Code Section 16-8-41, relating to the crime of armed robbery, and inserting in lieu thereof a new Code Section 16-8-41 to read as follows:
"16-8-41. (a) A person commits the offense of armed robbery when, with intent to commit theft, he or she 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. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.
(b) A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than five ten nor more than 20 years; provided, however, that; for a second er subsequent such offcnac, the defend snt sniii i&e puniSiied oy imprisonment for not less tn&n ten yeflrs. i ne preceding provi* siona ef this Code section notwithstanding, i ay ease m which the defendant comm11tcd firmed roDDcry sn t tft tne course of cfte commission ot tne otiense intention*

IB the indictment er accusation d if found te fee true by the court e* if admitted fey tnc Qctcndant, tnc o.cicno.ant snail i&e punisnco. Dy imprisonment tor not less tnan ten years any person convicted of armed robbery in which a firearm was used shall not be eligible for parole until such person has served at least five years in the penitentiary.
(c) (1) The preceding provisions of this Code section notwithstanding, m any ease ift wincn tnc deicndsnt coinmits firmed roDDery dud tfi tne course of tnc commission of tnc oitense sucn person uniswiuiiy tQKes ft controlled suostsnce rfoffr ft pftftpmftcy' of t wnoies9.1e druggist, sucn io.ct stid.il i&e cnflp^ed tft tne indictment of sccusstion
snflii 0e punisncd oy tmprisonFnent tor no* less tnfln ten yesrsj provided, nowever, that, in any case in which the defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist and intentionally inflicts bodily injury upon any person, such facts shall be charged in the indictment or accusation and, if found

WEDNESDAY, MARCH 9, 1994

2073

to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than 15 years.
(2) As used in this subsection, the term: (A) 'Controlled substance' means a drug, substance, or immediate precursor in
Schedules I through V of Code Sections 16-13-25 through 16-13-29. (B) 'Pharmacy' means any place licensed in accordance with Part 4 of Article 2
of Chapter 4 of Title 26 wherein the possessing, displaying, compounding, dispensing, or retailing of drugs may be conducted, including any and all portions of any building or structure leased, used, or controlled by the licensee in the conduct of the business licensed by the State Board of Pharmacy at the address for which the license was issued. The term 'pharmacy' pharmacy shall also include any building, warehouse, physician's office, or hospital used in whole or in part for the sale, storage, or dispensing of any controlled substance.
(C) 'Wholesale druggist' means an individual, partnership, corporation, or association registered with the State Board of Pharmacy under Part 4 of Article 2 of Chapter 4 of Title 26. (d) Adjudication ef guilt or imposition ef sentence shall net be suspended, probated, deferred, e* withheld for any offcnsc punishable under subsection {eh 4&H or {e} ef- this Code section. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."
Section 4. Said title is further amended by striking in its entirety subsection (b) of Code Section 16-5-40, relating to the crime of kidnapping, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A person convicted of the offense of kidnapping shall be punished by imprisonment for not less than ene ten nor more than 20 years, provided that a person convicted of the offense of kidnapping for ransom shall be punished by life imprisonment or by death and provided, further, that, if the person kidnapped shall have received bodily injury, the person convicted shall be punished by life imprisonment or by death. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."
Section 5. Said title is further amended by striking in its entirety subsection (b) of Code Section 16-6-1, relating to the crime of rape, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life, or by imprisonment for not less than ene ten nor more than 20 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."
Section 6. Said title is further amended by striking in its entirety subsection (d) of Code Section 16-6-4, relating to the crimes of child molestation and aggravated child molestation, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) A person convicted of a first the offense of aggravated child molestation shall be punished by imprisonment for not less than twe ten nor more than 30 years. Upon a second e* subsequent conviction ef- aggravated child molestation, the defendant shall be punished fey imprisonment f-ef Kfer Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."
Section 7. Said title is further amended by striking in its entirety subsection (b) of Code Section 16-6-2, relating to the crimes of sodomy and aggravated sodomy, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than ene ten nor more than 20 years. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."

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Section 8. Said title is further amended by striking in its entirety subsection (c) of Code Section 16-6-22.2, relating to the crime of aggravated sexual battery, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for not less than ene ten nor more than 20 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."
Section 9. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing of sentences and the suspension or probation of sentences, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be in conformity with any mandatory minimum sentences required by law or shall be within the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, subject to the conditions set out in this subsection- provided, however, that such action shall be subject to the provisions of Code Section 17-10-6.1."
Section 10. Said article is further amended by striking in its entirety subsection (a) of Code Section 17-10-6, relating to the review of sentences of imprisonment for period exceeding 12 years by a three-judge panel, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In any case, except cases in which the death penalty is imposed or cases involving a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1, in which a sentence of 12 or more years, or several consecutive sentences which total 12 or more years, has been fixed and imposed by a judge, without a jury, the defendant shall have the right to have the sentence or sentences reviewed by a panel of three superior court judges to determine whether the sentence or sentences so imposed are excessively harsh. Consideration shall be given in the review to the nature of the crime for which the defendant has been convicted and to the defendant's prior criminal record. Any defendant seeking a review of such sentence or sentences shall make application therefor within 30 days of the date on which the sentence was imposed by a judge of the superior court or after the remittitur from the Court of Appeals or Supreme Court affirming the conviction is made the judgment of the sentencing court, whichever occurs last. The application shall be filed with the clerk of the superior court in which the sentence was imposed. Upon the filing of an application the clerk shall transmit the same to the three-judge panel created under this Code section within ten days of the date on which the application was filed. For such service, the clerk shall receive the fees prescribed in Code Section 15-6-77 from the funds of the county, except where the clerk is on a salary. It shall be the duty of the judge imposing the sentence and any probation officer to transmit, within ten days of the filing of an application for review of a sentence, a copy of any presentence or postsentence report prepared by the probation officer, including the record of the defendant, to the three-judge panel."
Section 11. Said article is further amended by adding between Code Sections 17-10-6 and 17-10-7 a new Code Section 17-10-6.1 to read as follows:
"17-10-6.1. (a) As used in this Code section, the term 'serious violent felony' means: (1) Murder or felony murder, as defined in Code Section 16-5-1; (2) Armed robbery, as defined in Code Section 16-8-41; (3) Kidnapping, as defined in Code Section 16-5-40; (4) Rape, as defined in Code Section 16-6-1; (5) Aggravated child molestation, as defined in Code Section 16-6-4;

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(6) Aggravated sodomy, as defined in Code Section 16-6-2; or (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2. (b) Notwithstanding any other provisions of law to the contrary, any person convicted of a serious violent felony as defined in paragraphs (2) through (7) of subsection (a) of this Code section shall be sentenced within the authorized minimum and maximum penalties provided by law; provided, however, that no portion of the sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court until such person has served at least five years in the penitentiary. (c) (1) Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a first conviction of a serious violent felony in which the defendant has been sentenced to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 14 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (2) For a first conviction of a serious violent felony in which the defendant has been sentenced to death but the sentence of death has been commuted to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 25 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentencereducing measures under programs administered by the Department of Corrections. (d) For purposes of this Code section, a first conviction of any serious violent felony means that the person has never been convicted of a serious violent felony under the laws of this state or of an offense under the laws of any other state or of the United States, which offense if committed in this state would be a serious violent felony. Conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction."
Section 12. Said article is further amended by striking in its entirety Code Section 17-10-7, relating to the punishment of repeat offenders, and inserting in lieu thereof a new Code Section 17-10-7 to read as follows:
"17-10-7. (a) Any Except as otherwise provided in subsection (b) of this Code section, any person convicted of a felony offense in this state or having been convicted under the laws of any other state or of the United States of a crime which if committed within this state would be a felony and sentenced to confinement in a penal institution, who shall afterwards commit a felony punishable by confinement in a penal institution, shall be sentenced to undergo the longest period of time prescribed for the punishment of the subsequent offense of which he or she stands convicted, provided that, unless otherwise provided by law, the trial judge may, in his or her discretion, probate or suspend the maximum sentence prescribed for the offense.
(b) (1) As used in this subsection, the term 'serious violent felony' means a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1.
(2) Any person who has been convicted of a serious violent felony in this state or who has been convicted under the laws of any other state or of the United States of a crime which if committed in this state would be a serious violent felony and who after such first conviction subsequently commits and is convicted of a serious violent felony for which such person is not sentenced to death shall be sentenced to imprisonment for life without parole if one or more statutory aggravating circumstances are found by the court or jury pursuant to the provisions of Code Section 17-10-7.1. Any such sentence of life without parole shall not be suspended, stayed, probated, deferred, or withheld, and any such person sentenced pursuant to this paragraph shall not be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles or for any earned time, early release, work release, leave, or any other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the sentence

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of life imprisonment without possibility of parole, except as may be authorized by any existing or future provisions of the Constitution. (b) Ay (c) Except as otherwise provided in subsection (b) of this Code section, any person who, after having been convicted under the laws of this state for three felonies or having been convicted under the laws of any other state or of the United States of three crimes which; if committed within this state would be felonies, commits a felony within this state other than a capital felony; must, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served. {e} (d) For the purpose of this Code section, conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction. {d} (e) This Code section is supplemental to other provisions relating to recidivist recidivous offenders."
Section 13. Said article is further amended by adding between Code Sections 17-10-7 and 17-10-8 a new Code Section 17-10-7.1 to read as follows:
"17-10-7.1. (a) Imprisonment for life without parole may be imposed in a case involving a subsequent conviction for a serious violent felony after a previous conviction for such an offense as provided in paragraph (2) of subsection (b) of Code Section 17-10-7 if there is found by the court or jury one or more statutory aggravating circumstances as defined by Code Section 17-10-30.
(b) In all cases for which life without parole may be authorized, the judge shall consider, or shall include in the judge's instructions to the jury for it to consider, any mitigating circumstances or any of the statutory aggravating circumstances specified by Code Section 17-10-30 which may be supported by the evidence.
(c) The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of life without parole, shall designate in writing, signed by the foreman of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. In nonjury cases the judge shall make such designation. Unless at least one of the statutory aggravating circumstances enumerated in Code Section 17-10-30 is so found, life without parole shall not be imposed."
Section 14. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the granting of pardons, paroles, and other relief, is amended by striking in its entirety subsection (b) of Code Section 42-9-39, relating to restrictions on relief for a person serving a second life sentence, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) When Except as otherwise provided in subsection (b) of Code Section 17-10-7, when a person is convicted of murder and sentenced to life imprisonment and such person has previously been incarcerated under a life sentence, such person shall serve at least 25 years in the penitentiary before being granted a pardon and before becoming eligible for parole."
Section 15. Said article is further amended by striking in its entirety Code Section 42-9-45, relating to general rule-making power of the State Board of Pardons and Paroles, and inserting in lieu thereof a new Code Section 42-9-45 to read as follows:
"42-9-45. (a) The board may adopt and promulgate rules and regulations, not inconsistent with this chapter, touching all matters dealt with in this chapter, including, among others, the practice and procedure in matters pertaining to paroles, pardons, and remission of fines and forfeitures. The rules and regulations shall contain an eligibility requirement for parole which shall set forth the time when the automatic initial consideration for parole of inmates under the jurisdiction of the Department of Corrections shall take place and also the times at which periodic reconsideration thereafter shall take place. Such consideration shall be automatic, and no written or formal application shall be required.

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(b) An inmate serving a misdemeanor sentence or misdemeanor sentences shall only be eligible for consideration for parole after the expiration of six months of his or her sentence or sentences or one-third of the time of his or her sentence or sentences, whichever is greater. Aet Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7, an inmate serving a felony sentence or felony sentences shall only be eligible for consideration for parole after the expiration of nine months of his or her sentence or one-third of the time of the sentences, whichever is greater. Inmates Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7, inmates serving sentences aggregating 21 years or more shall become eligible for consideration for parole upon completion of the service of seven years.
(c) The board shall adopt rules and regulations governing the granting of other forms of clemency, which shall include pardons, reprieves, commutation of penalties, removal of disabilities imposed by law, and the remission of any part of a sentence, and shall prescribe the procedure to be followed in applying for them. Applications for the granting of such other forms of clemency and for exceptions to parole eligibility rules established by statute or promulgated by the board shall be made in such manner as the board shall direct by rules and regulations.
(d) All rules and regulations adopted pursuant to this Code section shall be adopted, established, promulgated, amended, repealed, filed, and published in accordance with the applicable provisions and procedure as set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The courts shall take judicial notice of the rules and regulations.
(e) For the purposes of this Code section, the words 'rules and regulations' shall have the same meaning as the word 'rule,' as defined in Code Section 50-13-2, except that the words 'rules and regulations' shall not be construed to include the terms and conditions prescribed by the board to which a person paroled by the board may be subjected.
(f) Except to correct a patent miscarriage of justice and not otherwise, no inmate serving a sentence imposed for any of the crimes listed in this subsection shall be granted release on parole until and unless said inmate has served on good behavior seven years of imprisonment or one-third of the prison term imposed by the sentencing court for the violent crime, whichsoever first occurs. No inmate serving a sentence for any crime listed in this subsection shall be released on parole for the purpose of regulating jail or prison populations. This subsection shall govern parole actions in sentences imposed for any of the following crimes: voluntary manslaughter, armed robbery, k-idnapping, rape, aggravated sodomy, aggravated child molestation, statutory rape, incest, cruelty to children, arson in the first degree, homicide by vehicle while under the influence of alcohol or as a habitual traffic violator, aggravated battery, aggravated assault, trafficking in drugs, and violations of Chapter 14 of Title 16, the 'Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act.'
(g) No inmate serving a sentence for murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery shall be released on parole for the purpose of regulating jail or prison populations."
Section 16. The provisions of this Act shall apply only to those offenses committed on or after the effective date of this Act; provided, however, that any conviction occurring prior to, on, or after the effective date of this Act shall be deemed a "conviction" for the purposes of this Act and shall be counted in determining the appropriate sentence to be imposed for any offense committed on or after the effective date of this Act.
Section 17. 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.

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Section 18. This Act shall become effective on January 1, 1995, upon ratification by the voters of this state at the 1994 November general election of that proposed amendment to Article IV, Section II, Paragraph II of the Constitution authorizing the General Assembly to provide for mandatory minimum sentences and sentences of life without possibility of parole in certain cases and providing restrictions on the authority of the State Board of Pardons and Paroles to grant paroles; provided, however, that if such amendment is not so ratified, this Act shall be null and void and shall stand repealed in its entirety.
Section 19. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th move to amend the Committee substitute to SB 441 by striking from paragraph (2) on lines 11 and 12 of page 3 the following:
"for mandatory minimum periods of time",
so that when so amended, paragraph (2) shall read as follows:
"(2) That sentences ordered by courts in cases of certain serious violent felonies shall be served in their entirety and shall not be reduced by parole or by any earned time, early release, work release, or other such sentence-reducing measures administered by the Department of Corrections."
By adding between lines 29 and 30 of page 11 the following:
"(3) Any sentence imposed for the first conviction of any serious violent felony other than a sentence of life imprisonment or life without parole or death shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court."

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
Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks. D N Brooks. T N Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd
Y Campbell N Canty N Carlisle Y Carrell Y Carter

Cauthorn
N 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 N Davis, G Y Davis, M Y Dickinson Y Dix 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 Y Greene N Groover
Hammond Y Manner Y Harris, B Y Harris, M N Hart Y Heard N Hegstrom Y Hembree Y Henson Y Holland
Holmes N Howard Y Hudson Y Hughes N Hugley
Y Irvin N James Y Jamieson Y Jenkins N Johnson, D.H

Y Johnson. K
Y Johnson, G
Y Johnson, J Y Johnston N Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis N Lord N Lucas Y Maddox Y Mann N Martin
Y McBee Y McClinton
McKinney Y Milam Y Mills

N Mohley, 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 Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Y Randall Y Randolph Y Ray Y Reaves N Reichert

WEDNESDAY, MARCH 9, 1994

2079

N Roberts Y Royal N Scoggins Y Shanahan Y Sherrill Y Shipp N Simpson N 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 N Stancil, F

Y Stancil, S
N Stanley, L N Stanley, P Y Stephenson Y Streat N Taylor N Teague Y Teper N Thomas

Y Tillman Y Titus Y Towery Y Trense N Turnquest Y Twiggs Y Vaughan
N Walker Y Wall

Y Watson
Y Watts Y Westmoreland N White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 135, nays 33. The amendment was adopted.

The following amendment was read:

Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th move to amend the Committee substitute to SB 441 by striking in its entirety line 4 of page 4 and inserting in lieu thereof a new line 4 to read as follows:
"more than 20 years; provided, however, that, for a".
By striking from lines 17 through 20 of page 4 the following:
"any person convicted of armed robbery in which a firearm was used shall not be eligible for parole until such person has served at least five years in the penitentiary".
By striking in their entirety lines 32 and 33 of page 10 and lines 1 through 4 of page 11 which read as follows:
"within the authorized minimum and maximum penalties provided by law; provided, however, that no portion of the sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court until such person has served at least five years in the penitentiary.",
and inserting in lieu thereof the following:
"to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles."

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
Barnes Y Bates Y Benefield Y Birdsong Y' Bordeaux
Bostick Y Breedlove Y Brooks, U N Brooks, T N Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd

Y Campbell N Canty Y Carlisle Y Carrell Y Carter
Cauthorn
N Chambless Y Chandler Y Channel! Y Childers Y Clatk Y Coker Y Coleman, B N Coleman, T Y Colwell Y Connell N Cox Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G

Y Davis, M Y 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
Good win Y Greene N Groover
Hammond Y Manner Y Harris, B Y Harris, M N Hart

Y Heard N Hegstrom Y Hembree Y Henson Y Holland
Holmes N Howard Y Hudson Y 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
Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis N Lord N Lucas Y Maddox Y Mann
N Martin Y McBee Y McClinton N McKinney Y Milam Y Mills N Mobley, B Y Mobley, J

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JOURNAL OF THE HOUSE,

Y Moore
Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock N Padgett E Parham Y Parrish
Patten N 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
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 N Snow

N Stancil, F
Y Stancil, S N Stanley, L
N Stanley, P Y Stephenson
Y Streat N Taylor N Teague Y Teper N Thomas
Tillman Y Titus Y Towery
Y Trense

N Turnquest Y Twiggs Y Vaughan N 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 adoption of the amendment, the ayes were 133, nays 36. The amendment was adopted.

The following amendment was read:

Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th move to amend the Committee substitute to SB 441 by striking from lines 13 through 16 of page 2 the following:
"if one or more statutory aggravating circumstances are found by the court or the jury; to provide for the duties of the judge and jury".
By striking from lines 5 through 8 of page 13 the following:
"if one or more statutory aggravating circumstances are found by the court or jury pursuant to the provisions of Code Section 17-10-7.1".
By striking in its entirety Section 13 on lines 8 through 33 of page 14 and lines 1 through 3 of page 15 and inserting in lieu thereof the following:
"Section 13. Reserved."

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 Barioot Y Bargeron
Barnes Y Bates Y Benelield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, L> N Brooks, T
N Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell
N Canty Y Carlisle Y Carrell Y Carter
Cauthorn

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

Y God bee Y Golden
Goodwin Y Greene N Groover
Hammond Y Manner Y Harris, B Y Harris, M
N Hart Y Heard
N Hegstrom Y Hembree Y Henson Y Holland N Holmes N Howard Y Hudson Y 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 Y Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis NLord
N Lucas Y Maddox Y Mann N Martin Y McBee Y McClinton N McKinney Y Milam Y Mills N 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 N 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

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2081

Y Shipp N Simpson N Sinkfield Y Skipper Y Smith, C Y Smith, I, Y Smith, F Y Smith, T

Y Smith, V Y Smith, W Y Smyre Y Snow
Stancil, F Y Stancil, S N Stanley, L N Stanley, P

Y Stephenson Y Streat N Taylor N Teague Y Teper N Thomas N Tillman Y Titus

Y Towery Y Trense N Turnquest Y Twiggs Y Vaughan N 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 adoption of the amendment, the ayes were 136, nays 33. The amendment was adopted.

The following amendment was read:

Representative White of the 161st moves to amend the Committee substitute to SB 441 as follows:
By adding a new Section 14 on page 15 between lines 3 & 4 to read as follows:
Section 14. Said title is further amended by striking Code Section 17-10-38, relating to death sentences generally, and inserting in its place a new Code Section 17-10-38 to read as follows:
"17-10-38. (a) All persons who have been convicted of a capital offense and have had imposed upon them a sentence of death shall suffer such punishment by electrocution.
(b) In all cases in which the defendant is sentenced to be electrocuted, it shall be the duty of the trial judge in passing sentence to direct that the defendant be delivered to the Department of Corrections for electrocution at a state correctional institution designated by the department.
(c) Notwithstanding the provisions of subsection (a) of this Code section, all persons who have been convicted of the offense of murder wherein death occurs as a result of the discharge of a firearm by a person from within a motor vehicle and have had imposed upon them a sentence of death shall suffer such punishment by firing squad.
(d) In all cases in which the defendant is sentenced to death by firing squad, it shall be the duty of the trial judge in passing sentence to direct that the defendant be delivered to the Department of Corrections for death by firing squad at a state correctional institution designated by the department."

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 Barioot N Bargeron N Barnes N Bates N Benefield N Birdsong N Bordeaux
Bostick Breedlove N Brooks, D N Brooks. T Y Brown
N Buck N Buckner

Y Bunn Y Burkhalter N Byrd N Campbell Y Canty N Carlisle N Carrell Y Carter N Cauthorn N Chambless Y 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 Culhreth N Cummings N Davis, G N Davis, M N Dickinson N Dix
Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps N 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 N 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
Jenkins N Johnson, D.H N Johnson, E Y Johnson, G N Johnson, J N Johnston
Jones Y Joyce Y Kaye N Kinnamon N Klein NLadd Y Lakly N Lane, D N Lane, H N Lawrence

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JOURNAL OF THE HOUSE,

N Lawson
N Lee
N Lewis N Lord
Lucas Y Maddox N Mann
N Martin
N McBee
McClinton
Y McKinney N Milam " N Mills N Mobley, B N Mobley, J N Moore
N Mosley

Y Mueller
E Oliver
N O'Neal N Orrock N Padgett E Parham N Parrish
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
N Randolph N Ray N Reaves N 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 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 Y Teague N Teper N Thomas
N Tillman

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

On the adoption of the amendment, the ayes were 22, nays 144. The amendment was lost.

The following amendment was read:

Representative Lawrence of the 64th moves to amend the Committee substitute to SB 441 by striking in their entirety lines 13 through 27 on page 10 which read as follows:
'"17-10-6.1. (a) As used in this Code section, the term "serious violent felony" means:
(1) Murder or felony murder, as defined in Code Section 16-5-1; (2) Armed robbery, as defined in Code Section 16-8-41; (3) Kidnapping, as defined in Code Section 16-5-40; (4) Rape, as defined in Code Section 16-6-1; (5) Aggravated child molestation, as defined in Code Section 16-6-4; (6) Aggravated sodomy, as defined in Code Section 16-6-2; or (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2.",
and inserting in lieu thereof the following:
'"17-10-6.1. (a) As used in this Code section, the term "serious violent felony" means any of the following felonies:
(1) Murder or felony murder, prohibited by Code Section 16-5-1; (2) Voluntary manslaughter, prohibited by Code Section 16-5-2; (3) Involuntary manslaughter, unless punishable as a misdemeanor, prohibited by Code Section 16-5-3; (4) Aggravated assault, prohibited by Code Section 16-5-21; (5) Aggravated battery, prohibited by Code Section 16-5-24; (6) Kidnapping, prohibited by Code Section 16-5-40; (7) Aircraft hijacking, prohibited by Code Section 16-5-45; {#)--Rcckloaa conduct, unless punishable as misdemeanor, prohibited by Code Section 16-6 60; (9) Cruelty to children, prohibited by Code Section 16-5-70; (10) Reckless abandonment, prohibited by Code Section 16-5-72; (11) Feticide, prohibited by Code Section 16-5-80; (12) Rape, prohibited by Code Section 16-6-1; (13) Aggravated sodomy, prohibited by Code Section 16-6-2; (14) Child molestation or aggravated child molestation, prohibited by Code Section 16-6-4; (15) Enticing a child for indecent purposes, prohibited by Code Section 16-6-5; (16) Sexual assault against a person in custody, prohibited by Code Section 16-6-5.1;

WEDNESDAY, MARCH 9, 1994

2083

(17) Incest, prohibited by Code Section 16-6-22; (18) Aggravated sexual battery, prohibited by Code Section 16-6-22.2; (19) Burglary, prohibited by Code Section 16-7-1; (20) Arson in any degree, prohibited by Code Sections 16-7-60, 16-7-61, and 16-7-62; (21) Criminal possession of explosives or explosive devices, prohibited by Code Sections 16-7-63 and 16-7-64; (22) Robbery, prohibited by Code Section 16-8-40; (23) Armed robbery, prohibited by Code Section 16-8-41; (24) Treason, prohibited by Code Section 16-11-1; (25) Insurrection, prohibited by Code Section 16-11-2; (26) Sexual exploitation of children, prohibited by Code Section 16-12-100; (27) Bus or rail vehicle hijacking, prohibited by Code Section 16-12-123; or (28) Trafficking in marijuana or any controlled substance, prohibited by Code Section 16-13-31."
By striking from line 30 of page 10 the following:
"paragraphs (2) through (7)",
and inserting in lieu thereof the following:
"paragraphs (2) through (28)".
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 Y Breedlove N Brooks. D N Brooks, T N Brown
N Buck N Buckner Y Bunn Y Burkhaker 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 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
Good win 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 N Jamieson N Jenkins N Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
N Jones N Joyce YKaye N Kinnamon Y Klein Y Ladd N Lakly N Lane, D N Lane, R Y Lawrence N Lawson
N Lee N Lewis
NLord 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 E Oliver
N O'Neal N Orrock N Padgett E 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 N Sherrill Y Shipp
N Simpson N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 41, nays 132. 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 Y Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker Y Wall N Watson
N Watts N Westmoreland N White Y Williams, B N Williams, R Y Yates N Yeargin
Murphy, Spkr

The following amendment was read:

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JOURNAL OF THE HOUSE,

Representative Campbell of the 42nd moves to amend the Committee substitute to SB 441 by adding in the title on line 13 of page 1 between the semicolon and the word "to" the following:
"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 authorize enactment and enforcement of consistent local laws; to provide for applicability;".
By adding between lines 10 and 11 of page 8 a new Section 8.1 to read as follows:
"Section 8.1. Said title is further amended by adding at the end of Article 4 of Chapter 11, relating to dangerous instrumentalities and practices, 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) Except as otherwise provided in subsection (c) of this Code section, 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 not more than ten years; provided, however, that no portion of the sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court until such person has served at least five years in the penitentiary. (c) Any person who has been convicted of a violation of subsection (a) of this Code section in this state or who has been convicted under the laws of any other state or of the United States of a crime which if committed in this state would be a violation of subsection (a) of this Code section and who after such first conviction subsequently commits and is convicted of a violation of subsection (a) of this Code section shall be sentenced to imprisonment for life without parole if one or more statutory aggravating circumstances are found by the court or jury pursuant to the provisions of Code Section 17-10-7.1. Any such sentence of life without parole shall not be suspended, stayed, probated, deferred, or withheld, and any such person sentenced pursuant to this paragraph shall not be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles or for any earned time, early release, work release, leave, or any other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the sentence of life imprisonment without possibility of parole, except as may be authorized by any existing or future provisions of the Constitution. (d) Any crime committed in violation of this Code section shall be considered a separate offense.

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2085

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 supplant Code Section 16-11-106.'"

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

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

N Colwell N Connell NCox N Crawford
Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M
Y Dickinson YDix Y 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
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 Y Irvin
N James N Jamieson
Y Jenkins N Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson,J Y Johnston Y Jones Y Joyce Y Kaye N Kinnamon Y Klein YLadd N Lakly N Lane, D N Lane, R Y Lawrence Y Lawson YLee Y Lewis NLord
N Lucas Y Maddox Y Mann N Martin
Y McBee N McClinton
McKinney Y Milam Y Mills

N Mobley, B N Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal N Orrock
N Padgett E 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 Y Sherrill Y Shipp N Simpson N Sinkfield
N Skipper

On the adoption of the amendment, the ayes were 67, nays 105. 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 Y Streat N Taylor N Teague Y Teper N Thomas Y Tillman N Titus Y Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker Y Wall
N Watson N Watts N Westmoreland N White Y Williams, B Y Williams, R Y Yates N Yeargin
Murphy, Spkr

The following amendment was read:
Representative Coker of the 31st moves to amend the Committee substitute to SB 441 by inserting on line 13 of page 1 between the word and symbol "battery;" and the word "to" the following:
"to provide for the criminal offense of commission of a crime by a convicted felon through the use of a firearm; to provide for definitions; to provide for penalties upon first and subsequent convictions; to provide for separate offenses;".
By inserting between lines 10 and 11 of page 8 the following:
"Section 8.1. Said title is further amended by adding a new Code section to read as follows:

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JOURNAL OF THE HOUSE,

'16-11-132. (a) As used in this Code section, the term: (1) "Felony" means any offense punishable by imprisonment for a term of one
year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.
(2) "Firearm" includes any handgun, rifle, shotgun, stun gun, taser, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. (b) Any convicted felon who shall have on or within arm's reach of his or her person a firearm during the commission of, or the attempt to commit:
(1) Any crime against or involving the person of another; (2) The unlawful entry into a building or vehicle; (3) A theft from a building or theft of a vehicle; (4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or (5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31, and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of 15 years, such sentence to run consecutively to any other sentence which the person has received. (c) Upon the second or subsequent conviction of a convicted felon under this Code section, such convicted felon shall be punished by confinement for life. Notwithstanding any other law to the contrary, the sentence of any convicted felon which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof. (d) Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense."'

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

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

Y Coker Y Coleman, B
N Coleman, T N Colwell N Connell NCox N Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Felton N Floyd, J.M N Floyd, J.W N Godbee N Golden
Goodwin Y Greene N Groover Y Hammond N Hanner
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 N Johnson, D.H Y Johnson, E Y Johnson, G
Johnson, J Y Johnston Y Jones Y Joyce YKaye N Kinnamon Y Klein YLadd N Lakly N Lane, D N Lane, R Y Lawrence N Lawson N Lee Y Lewis YLord

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

YRay N Reaves N Reichert
N Roberts N Royal
N Scoggins N Shanahan N Sherrill Y Shipp
Y 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 YSnow N 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 Y Titus Y Towery

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2087

Y Trense N Turnquest Y Twiggs

Y Vaughan N Walker N Wall

N Watson N Watts N Westmoreland

N White Y Williams, B Y Williams, R

Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 67, nays 105. 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 substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargernn
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown Y Buck Y Buckner
Y Bunn Y Burkhalter
Y Byrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless 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 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
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 YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis Y Lord N 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 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 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 N 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 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 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

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.

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JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Amend HB 1833 by striking the quotation marks at the end of line 30 of page 11 and by adding between lines 30 and 31 the following:
"All that tract or parcel of land lying and being in Land Lots 141, 164 and 163 of the 20th District, 2nd Section, Cobb County, Georgia, and being 77.78 acres, more or less, and being more particularly described as follows:
BEGINNING at a point formed by the intersection of the southwesterly right of way line of U.S. 41 and the westerly right of way line of Crooked Creek Drive; running thence southerly along the westerly right of way line of Crooked Creek Drive 2,300 feet to a point on the south line of Land Lot 141 of the 20th District, 2nd Section, Cobb County, Georgia; continuing thence southerly 810 feet to a point; running thence westerly 665 feet to a point; running thence southerly 675 feet to a point; running thence westerly 756.0 feet to a point on the west line of Land Lot 164 of the 20th District, 2nd Section, Cobb County, Georgia; running thence southerly along said land lot line 130 feet to a point; running thence westerly 210 feet to a point on the easterly right of way line of Mack Dobbs Road; running thence northerly along the easterly right of way line of Mack Dobbs Road 300 feet to a point at the southwesterly corner of property now or formerly owned by Joseph and Barbara Dilbeck; running thence south 85 degrees 50 minutes east along the Dilbeck property line 892.0 feet to a point; running thence north 1 degree 11 minutes east 416.0 feet to a point; running thence south 65 degrees 26 minutes west 487.3 feet to a point; running thence north 83 degrees 79 minutes west 84.0 feet to a point; running thence north 83 degrees 79 minutes west 84.0 feet to a point; running thence north 04 degrees 24 minutes west 23 feet to a point at the center line of Butler Creek; running thence in a general westerly direction along the center line of Butler Creek and following the meandering thereof 300 feet, more or less, to a point formed by the intersection of center line of Butler Creek and the westerly right of way line of Mack Dobbs Road; running thence in a general northeasterly direction along the southeasterly right of way line of Mack Dobbs Road and following the curvature thereof 1210 feet, more or less, to a point formed by the intersection of the southeasterly right of way line of Mack Dobbs Road and the north line of Land Lot 164 of the 20th District, 2nd Section, Cobb County, Georgia; running thence easterly along the said land lot line 640 feet to a point; running thence northerly 1380 feet to a point; running thence westerly 150 feet to a point on the easterly right of way line of Mack Dobbs Road; running thence in a general northerly direction along the easterly right of way line of Mack Dobbs Road and following the curvature thereof 1120 feet to a point formed by the intersection of the southeasterly right of way line of Mack Dobbs Road and the southerly right of way line of U.S. Highway No. 41; running thence southeasterly along the southwesterly right of way line of U.S. Highway 41 and following the curvature thereof 800 feet to a point formed by the intersection of the southwesterly right of way line of U.S. 41 and the westerly right of way line of Crooked Creek Drive, said point being the point of beginning.'"

The following amendment was read and adopted:

Representative Vaughan of the 34th, et al. move to amend the Senate amendment to HB 1833 by adding on line 4 of page 1 after the word and symbol "city;" and before the word "to" the following:
"to authorize the appointment of a city manager or administrator; to authorize the mayor and council to describe the duties, compensation, and procedure for removal relative to such office;".
By striking lines 31 and 32 of page 11 and inserting in lieu thereof the following:

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2089

"Section 2. Said Act is further amended by adding at the end of Section 3.01 the following:
'The mayor and council of the City of Kennesaw shall be authorized to establish either the office of city administrator or city manager, to describe the duties and compensation of such office, and to provide for the removal of the city manager or city administrator.'
Section 3. All laws and parts of laws in conflict with this Act are repealed."

Representative Shipp of the 38th moved that the House agree to the Senate amendment, as amended by the House, to HB 1833.
The motion prevailed.

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

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 540 Do Pass, by Substitute SB 669 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 139th
Chairman

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

Mr. Speaker:

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

SB 455 Do Pass SB 514 Do Pass, by Substitute SB 535 Do Pass, by Substitute SB 538 Do Pass

SB 546 Do Pass SB 560 Do Pass SB 5"81 Do Pass, by Substitute SB 637 Do Pass, by Substitute

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

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JOURNAL OF THE HOUSE,

SB 399 Do Pass, by Substitute SB 510 Do Pass, by Substitute SB 541 Do Pass, by Substitute

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 668 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1093 Do Pass
Respectfully submitted, /s/ Benefield of the 96th
Chairman

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

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

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 Annotated, 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.

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

WEDNESDAY, MARCH 9, 1994

2091

HB 1080.

By Representative Heard of the 89th:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for the offense of carjacking.

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

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

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 Senate has adopted, as amended, by the requisite constitutional majority the following Resolution 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 agreements 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.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill 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 employment 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 insurance with respect to community service boards.

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

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.

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JOURNAL OF THE HOUSE,

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

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.

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 Annotated, relating to seeds and plants, so as to provide for a Seed Arbitration Council.

HB 389. By Representatives Sinkfield of the 57th, Smith of the 174th, Orrock of the 56th, Lucas of the 124th, Turnquest of the 73rd and others:
A bill to amend Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to labor pools, so as to define certain terms; to prohibit employers from failing to give temporary employees pay stubs or other notice of their rate of pay and any deductions; to prohibit paying temporary employees except in cash or check redeemable at full value; to provide for the powers of the Commissioner of Labor.

HB 1690.

By Representative Byrd of the 170th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to authorize the Division of Master Plumbers and Journeyman Plumbers to require continuing education for renewal of master plumber licenses.

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

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 Annotated, 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 management systems are subject to reexamination by such department.

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

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 Annotated, relating to determination of the amount of security required under the "Motor Vehicle Safety Responsibility Act," so as to provide that the Department 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 section which is received more than 12 months after the date of the accident.

WEDNESDAY, MARCH 9, 1994

2093

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

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 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 solid waste facilities.

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

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 utilize market mechanisms to reduce air pollution; encouraging the Environmental 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 Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 326. By Representative Reichert of the 126th:
A bill to amend Article 10 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to bad check prosecutions in magistrate courts, so as to provide for an optional procedure for the forfeiture of bonds on misdemeanor bad check violations as a final disposition.

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 salaried 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 Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

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.

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

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JOURNAL OF THE HOUSE,

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".

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

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

Colwell
Y Connell YCox Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
Dix Y Dixon, H
Dixon, S Y Dobbs
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 Banner
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 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 Lawrence
Y Lawson YLee Y Lewis
YLord Lucas
Y Maddox Y Mann Y Martin Y McBee Y McClinton Y McKinney Y Milam
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 Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak
Y Porter Y Postal Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Y Reaves
Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skipper

Y Smith, C 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 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
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 147, nays 2. The Resolution, having received the requisite constitutional majority, was adopted.

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 program; to provide for legislative findings, declarations, and intent; to provide for definitions; to provide for powers, duties, and authority of local officials with respect to such property tax amnesty program; to provide an effective date.

The following substitute, offered by Representatives Royal of the 164th, Smith of the 109th, Lee of the 94th and Benefield of the 96th, was read and adopted:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for certain transfers of property which shall not constitute a

WEDNESDAY, MARCH 9, 1994

2095

breach of a conservation use covenant; 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 foregoing; to provide for a property tax amnesty program; to provide for legislative findings, declarations, and intent; to provide for definitions; to provide for powers, duties, and authority of local officials with respect to such property tax amnesty program; to provide for waiver of property tax penalties and criminal prosecution; to provide for the publicizing of the property tax amnesty program; to impose collection fees; to establish an amnesty account; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in subsection (p) of Code Section 48-5-7.4, relating to bona fide conservation use property, by striking "or" at the end of paragraph (2); by striking the period at the end of paragraph (3) and inserting in its place "; or"; and by adding a new paragraph immediately following paragraph (3), to be designated paragraph (4), to read as follows:
"(4) (A) 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.
(B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant."
Section 2. Said title is further amended by adding a new subsection at the end of Code Section 48-5-7.4, relating to bona fide conservation use property, 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 covenant 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 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 applicable table of values and such covenant shall expire on December 31, 2001."
Section 3. Said title is further amended by adding a new chapter immediately following Chapter 16, to be designated Chapter 16A, to read as follows:
"CHAPTER 16A
48-16A-1. The General Assembly finds and declares that a public purpose is served by the waiver of tax penalties and criminal prosecution in return for the immediate reporting and payment of previously underreturned, unreturned, or unpaid state and

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local ad valorem tax liabilities. The General Assembly further finds and declares that the benefits gained through this program include, among other things, increased collection of certain currently owed state and local ad valorem taxes, permanently bringing into the state and local tax system taxpayers who have been evading payment of local taxes and providing an opportunity for taxpayers to satisfy state and local ad valorem tax obligations before stepped-up local tax enforcement programs take effect. It is the intention of the General Assembly in enacting this chapter that the property tax amnesty program provided under this chapter be a one-time occurrence which shall not be repeated in the future because taxpayers' expectations of any future property tax amnesty programs could have a counterproductive effect on compliance under this chapter.
48-16A-2. This chapter shall be known and may be cited as the 'Property Tax Amnesty Program Act.'
48-16A-3. As used in this chapter, the term: (1) 'Ad valorem tax' or 'property tax' means any state or local ad valorem tax
levied by any taxing jurisdiction. (2) 'Administering governing authority' means the county governing authority in
the case of state, county, and school ad valorem tax or the municipal governing authority in the case of municipal or independent school system ad valorem tax.
(3) 'Delinquent taxes' means an amount of ad valorem property tax, penalty, or interest which has been recorded as due and entered in the account records or any ledger maintained in the office of the local collection official, or which a taxpayer should' reasonably expect to become due as a direct or indirect result of any pending or completed audit or assessment, which a taxpayer knows is being conducted by any state or local assessing authority.
(4) 'Final, due, and owing' means an assessment and ad valorem tax amount which has become final and is owed to the taxing jurisdiction due to either the expiration of the taxpayer's appeal rights or the rendition of a final determination of assessed value based upon an appeal.
(5) 'Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction.
(6) 'Local collection official' means that local official responsible for the collection of ad valorem taxes.
(7) 'Taxing jurisdiction' means the state or any district within which a county or municipality, a county, independent, or area school system, or a consolidated citycounty government or other political subdivision of the state exercises the power to levy or causes to be levied any ad valorem taxes to carry out its purposes.
(8) 'Taxpayer' means any individual, partnership, joint venture, association, corporation, receiver, trustee, guardian, executor, administrator, fiduciary, or any other entity of any kind subject to any ad valorem tax.
48-16A-4. (a) Upon the adoption of a resolution or ordinance by the governing authority of each local taxing jurisdiction for which a local collection official collects delinquent taxes indicating that governing authority's desire to participate in the Property Tax Amnesty Program, the administering governing authority shall be authorized to develop and administer a one-time property tax amnesty program as provided in this chapter. The county governing authority shall be authorized to include the state's delinquent tax in the Property Tax Amnesty Program. Such administering governing authority shall be authorized to waive, in whole or in part, all penalties or interest or both with respect to outstanding ad valorem tax liabilities for all tax years ending or transactions occurring on or before December 31, 1993. The terms and conditions of such waiver shall be specified in the resolution or ordinance adopted by such administering governing authority and may include a delegation of authority to the local collecting official of the authority to make such waiver, in whole or in part, on a case-by-case basis. The administering governing authority shall provide for the necessary forms for the filing of prop-
erty tax amnesty applications and returns.
(b) The local collection official shall, upon the voluntary filing of a return to the official responsible for the receiving of property tax returns and the remission of ad valorem

WEDNESDAY, MARCH 9, 1994,

2097

taxes owed by any taxpayer, if required, waive all penalties and interest that are assessed or subject to being assessed for outstanding ad valorem tax liabilities for all tax years ending or transactions occurring on or before December 31, 1993. Such waiver shall be in accordance with the terms of the resolution or ordinance of the administering governing authority.
(c) Any property tax amnesty program conducted under the authority of this chapter shall begin by October 31, 1994, and shall be completed no later than December 31, 1994, and shall apply to all taxpayers owing ad valorem taxes, penalties, or interest. The program shall apply to outstanding ad valorem tax liabilities for all tax years ending on or before December 31, 1993. Property tax amnesty tax return forms shall be in a form prescribed by the administering governing authority.
48-16A-5. (a) The provisions of this chapter shall apply to any eligible taxpayer who files an application for property tax amnesty within the time prescribed by the administering governing authority and does the following:
(1) Files such returns as may be required by the local official responsible for receiving returns for all tax years as stated on the application for which returns have
not previously been filed and files such returns as may be required by the local official
responsible for receiving returns for all tax years for which returns were filed but on which the value of the taxpayer's property was understated;
(2) Pays in full the ad valorem taxes and, if required, pays in full the interest due, for the periods applied for at the time of the application and pays the amount of any
additional ad valorem tax and, if required, interest owed, as may be determined from any additional returns by the local collection official within 30 days of notification by
such local collection official; and (3) The administering governing authority may by local resolution or ordinance
impose the further condition that, in addition to the requirements set forth in para-
graphs (1) and (2) of this subsection, the requirement that any eligible taxpayer also pay in full within the property tax amnesty period all ad valorem taxes and, if required, penalties and interest previously levied and assessed that are final, due, and
owing at the time the application or property tax amnesty tax returns are filed. (b) An eligible taxpayer may participate in the property tax amnesty program
whether or not the taxpayer is under audit, notwithstanding the fact that the amount due is based upon a proposed assessment or an assessment and without regard to
whether the amount due is subject to a pending administrative or judicial proceeding.
An eligible taxpayer may participate in the property tax amnesty program to the extent of the uncontested portion of any assessed ad valorem tax liability. However, participation in the program shall be conditioned upon the taxpayer's agreement that the right
to protest or initiate an administrative or judicial proceeding or to claim any refund of moneys paid under the program is barred with respect to the amounts paid with the
application or property tax amnesty return. (c) The local collection official may enter into an installment payment agreement in
cases of severe hardship in lieu of the complete payment required under subsection (a)
of this Code section. In such cases, 25 percent of the amount due shall be paid with the application or property tax amnesty return with the balance to be paid in monthly
installments not less than 25 percent of the original amount nor to exceed three months following the expiration of the property tax amnesty period. Failure of the taxpayer to
make timely payments shall void the terms of the property tax amnesty program. All such agreements and payments shall, if required, include interest due and accruing during the installment agreement.
(d) If, following the termination of the property tax amnesty period, additional taxes are determined to be due from the taxpayer based upon information independent of that
shown on a return filed pursuant to subsection (a) of this Code section, the local collection official shall have the authority to impose penalties only with respect to the difference between the amount shown on the property tax amnesty tax return and the correct
amount of tax due. The imposition of penalties shall not invalidate any waiver granted under Code Section 48-16A-6.
48-16A-6. (a) Property tax amnesty shall be granted for any taxpayer who meets the requirements of Code Section 48-16A-5 in accordance with the following:

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(1) For ad valorem taxes which are owed as a result of the nonreturning or underreturning of any ad valorem tax liabilities or the nonpayment of any delinquent ad valorem taxes owed by an eligible taxpayer, the local collection official shall waive criminal prosecution and all civil penalties which may be assessed under any provision of law for the taxable years or periods for which property tax amnesty is requested; and
(2) With the exception of instances in which the taxpayer and local collection official enter into an installment payment agreement authorized under subsection (c) of Code Section 48-16A-5, the failure to pay all taxes and, if required, interest as shown on the taxpayer's property tax amnesty tax return shall invalidate any property tax amnesty granted pursuant to this chapter. (b) This chapter shall not apply to any taxpayer who is on notice, written or otherwise, of a criminal investigation being conducted by an agency of the state or any political subdivision thereof, nor shall this chapter apply to any taxpayer who is the subject of any criminal litigation which is pending on the date of the taxpayer's application in any court of this state for nonpayment, delinquency, evasion, or fraud in relation to any of the ad valorem taxes to which this property tax amnesty program is applicable. (c) No refund or credit shall be granted for any interest or penalty paid prior to the time the taxpayer requests amnesty pursuant to Code Section 48-16A-5. (d) Unless the local collection official in the discretion of such local collection official redetermines the amount of taxes and interest due, no refund or credit shall be granted for any taxes or interest paid under the property tax amnesty program. 48-16A-7. (a) All installment agreements authorized under subsection (c) of Code Section 48-16A-5 shall, if required, bear interest on the outstanding amount of tax due during the installment period at the rate prescribed under Code Section 48-2-40. (b) Notwithstanding any other provisions of this title, if any overpayment of ad valorem tax under this chapter is refunded or credited within 180 days after the return is filed, no interest shall be allowed. 48-16A-8. The administering governing authority shall publicize the property tax amnesty program in order to maximize the public awareness of and participation in the program. The administering governing authority may, for the purpose of publicizing the property tax amnesty program, contract with any advertising agency within or outside this state. 48-16A-9. For purposes of accounting for the revenues received pursuant to this chapter, the local collection official shall maintain an accounting and reporting of funds collected under the property tax amnesty program. 48-16A-10. (a) In addition to all other penalties provided under this chapter or any other law, the administering governing authority may by ordinance or resolution impose after the expiration of the property tax amnesty period a cost of collection fee of 50 percent of any deficiency levied after the property tax amnesty period for taxable periods ending on or before December 31, 1993, regardless of when due. This fee shall be in addition to all other applicable penalties, fees, or costs. The local collection official shall have the right to waive any collection fee when it is demonstrated that any deficiency of the taxpayer was not due to negligence, intentional disregard of local ordinances or resolutions, or fraud. (b) The provisions of subsection (a) of this Code section shall not apply to any account which is under appeal as of the expiration of the property tax amnesty period and which does not become final, due, and owing, or to any account on which the taxpayer is remitting timely payments under a payment agreement negotiated with the local collection official prior to or during the property tax amnesty period. (c) The fee levied under subsection (a) of this Code section shall not apply to taxes paid pursuant to the terms of the property tax amnesty program."
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.

WEDNESDAY, MARCH 9, 1994

2099

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Annotated, 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 qualifications, terms, and compensation of the members of such board.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change 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 qualifications, terms, and compensation of the members of such board; to provide for organization, quorum, and meetings of such board and its duties and powers; to provide for qualifications, compensation, and duties and powers of hearing officers; to provide for initial administrative appeal hearings and for intervention therein; to provide for review board actions regarding the decisions of hearing officers; to provide for evidence in such proceedings; to prohibit certain ex parte contacts; to provide for final decisions and appeals thereof; to provide for legal counsel; to provide for awards of attorney's fees and expenses of litigation; to provide for judicial review; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, is amended by striking paragraph (7) of subsection (b) of Code Section 31-6-21, relating to the Health Planning Agency generally, and inserting in its place the following:
"(7) To provide, by rule, for such fees as may be necessary to cover the costs of preparing the record for appeals before the hearing officers and review board of the decisions of the planning agency, which costs may include reasonable sharing between the planning agency and the parties to appeal hearings;".
Section 2. Said chapter is further amended by striking subsection (i) of Code Section 31-6-21.1, relating to procedures for rule making by the Health Planning Agency, and inserting in its place a new subsection (i) to read as follows:
"(i) The state health plan or the rules establishing considerations, standards, or similar criteria for the grant or denial of a certificate of need pursuant to Code Section 31-6-42 shall not apply to any application for a certificate of need as to which, prior to the effective date of such plan or rules, respectively, the evidence has been closed following a full evidentiary hearing before th review board a hearing officer."
Section 3. Said chapter is further amended by striking Code Section 31-6-44, creating the Health Planning Review Board, and inserting in its place the following:

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"31-6-44. (a) There is created the Health Planning Review Board, which shall be an agency separate and apart from the planning agency. The review board shall be composed ef members appointed by the Governor, twe from eaeh congressional district, and

health eare facility. The Governor shall abo name the chairman ef- the review bear4 whe> shaW be an attorney. The purpose ef That review board which existed on June 30, 1994, is continued in existence after that date but on and after July jj 1994, shall be constituted as provided in this subsection. Those members of the Health Planning Review Board serving as such on January 1^ 1994, or any person selected to fill a vacancy in such membership shall continue to serve as such members until July 1^ 1994, at which time the terms of office of such members shall expire. On and after July 1, 1994, the
as set forth in this Code section. The review board shall promulgate reasonable rules for its opcpfttion ftRQ rules of procedure tor ttic conduct of its nc&rin^s. i. ii HICHIDCFS coni~ posed of 11 members appointed by the Governor, with one from each congressional district. The Governor shall appoint persons to the review board who are familiar with the health care industry but who do not have a financial interest in or represent or have any compensation arrangement with any health care facility. The Governor shall also name from among such members a chairperson and a vice chairperson of the review board, both of whom shall be attorneys licensed to practice law in this state. The vice chairperson shall have the same authority as the chairperson; provided, however, the vice chairperson shall not exercise such authority unless expressly delegated by the chairperson or in the event the chairperson becomes incapacitated, as determined by the Governor. Vacancies on the board caused by resignation, death, or any other cause shall be filled for the unexpired term in the same manner as the original appointment. No person required to register with the Secretary of State as a lobbyist or registered agent shall be eligible for appointment by the Governor to the board.
(b) The purpose of the review board shall be to review decisions made by hearing officers as provided in subsection (h) of this Code section. At least a quorum of the review board shall meet at least once every month to review hearing officer decisions unless there are not any decisions for it to review. For purposes of this subsection, a quorum shall consist of five members of the review board, including either the chairperson or the vice chairperson. The review board shall promulgate reasonable rules for its operation and rules of procedure for the conduct of review board meetings and initial administrative appeal hearings held by the appointed hearing officers. Subject to the limitations stated in this subsection and in subsection (c) of this Code section, the review board shall formulate and approve a list of at least five and not more than ten attorneys who shall serve as hearing officers for appeals which are assigned to them by the chairperson of the review board. Each such attorney approved to be included on the list of hearing officers shall be an active member of the State Bar of Georgia in good standing, and each such attorney must have maintained such active status for the five years immediately preceding such person's respective approval. The members of the review board shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for compensation and allowances of certain state officials, and the chairperson and vice chairperson shall also be compensated for their services rendered to the review board outside of attendance at tat appeal hearing a review board meeting, the amount of which compensation shall be determined according to regulations of the Department of Administrative Services. Hearing officers to whom a case has been assigned shall receive compensation determined to be appropriate and reasonable by the review board. Such compensation to the members of the review board and to hearing officers shall be made by the Department of Administrative Services.
(b) (c) Any applicant for a project, or any competing applicant, or any competing health care facility that has notified the planning agency prior to its decision that such
facility is opposed to the application before the planning agency, or any county or
municipal government in whose boundary boundaries the proposed project will be

WEDNESDAY, MARCH 9, 1994

2101

located, who is aggrieved by a decision of the planning agency shall have the right to an initial administrative appeal hearing before a three-member panel ef the review board hearing officer or to intervene in such hearing. Such request for hearing ahull fee
requested or intervention shall be made within 30 days of the date of the decision made pursuant to Code Section 31-6-43. Within 36 days ef the filing ef such request, the chairman In the event that an appeal is_ requested, the chairperson of the review board shall name the panel appoint a hearing officer for each such hearing^ and the panel shall include one iswyop", wtio snflll 0e tiie cnftirni&R of trie pflnel, find two nonlflwyer mcixiDCPS of wic review DOftPd. A inemoep of trie review ooQPd IFOHI trie conuressionsi district ift wriicn tiic proposed project ts locflted snB.ll De one of sucri tnree memDePS of trie pflnei,

the chairman ef the panel within 50 days after the date of the decision made pursuant to Code Section 31-6-43. Within 14 days after the appointment of the hearing officer, such hearing officer shall set the date or dates for the hearing and shall provide the parties with written notice mailed at least 14 days before the date of commencement of such hearing. The hearing shall be commenced within 120 days of the filing of the request for a hearing, unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of this time period to a specified date. T-ne chairman ef the panel Unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of said 120 day period, any hearing officer who fails to commence a hearing within the required time period shall not be eligible for continued service as a hearing officer for the purposes of this Code section. The hearing officer shall have the authority to dispose of all motions made by any party before the issuance of the hearing officer's decision and shall make such rulings as may be required for the conduct of the hearing.
4e) (d) In fulfilling the functions and duties of this chapter, the panel hearing officer shall act, and the hearing shall be conducted as a full evidentiary hearing, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relating to contested cases, except as otherwise specified in this Code section. AH Subject to the provisions of Article 4 of Chapter 18 of Title 50, all files, working papers, studies, notes, and other writings or information used by the planning agency in making its decisions decision shall be public records and available to the parties, and the chairman ef the panel hearing officer may permit each party to exercise such reasonable rights of prehearing discovery of such information used by the parties as will expedite the hearing.
{d} (e) The issue for the decision by the panel hearing officer shall be whether, and the panel hearing officer shall order the issuance of a certificate of need if, in the panel's hearing officer's judgment the application is consistent with the considerations as set forth in Code Section 31-6-42 and the planning agency's rules, as the panel hearing officer deems such considerations and rules applicable to the review of the project. The panel hearing officer shall also consider whether the planning agency committed prejudicial procedural error in its consideration of the application. Within 36 days ef the con-
law as te cacn sucn consideration er rule, including ft detailed statement et tnc reasons fer the decision ef the panel The hearing officer shall also consider whether the appeal lacks substantial justification and whether such appeal was undertaken solely for the purpose of delay or harassment. Appellants or applicants shall proceed first with their cases before the panel hearing officer in the order determined by the chairman ef the panel hearing officer, and the planning agency, if a party, shall proceed last. In the event of a consolidated hearing on applications which were joined pursuant to subsection (d) of Code Section 31-6'42 31-6-43, the review board hearing officer shall have the same powers specified for the planning agency in subsection (d) of Code Section 31 6-42 te issue 31-6-43 to order the issuance of no certificate of need or one or more certificates
of need.
{e) (f) Unlcaa otherwise agreed by th parties, aH All evidence shall be presented at the hearing initial administrative appeal hearing conducted by the appointed hearing

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officer. A party or intervenor may present any relevant evidence on all issues raised by the panel hearing officer or any party to the hearing or revealed during discovery, except that, unless in response to an issue raised by an opponent or the panel hearing officer or revealed during discovery, a party or intervenor may not present a new need study or analysis that is substantially different from any such study or analysis submitted to the planning agency prior to its decision and that could reasonably have been available for submission to the planning agency prior to its decision. Except for such limitation on new studies or analyses, the panel hearing officer may consider the latest data available, including updates of studies previously submitted, in deciding whether an application is consistent with the applicable considerations and or rules.
(g) Within 30 days after the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law as to each consideration as set forth in Code Section 31-6-42 and the planning agency's rules, including a detailed statement of the reasons for the decision of the hearing officer. If any party has alleged that an
appeal lacks substantial justification and was undertaken solely for the purpose of delay or harassment, the decision of the hearing officer shall make findings of fact addressing
the merits of the allegation. Immediately upon rendering a decision, the hearing officer shall file such decision with the review board, serve such decision upon all parties, and
transmit the administrative record to the chairperson of the review board. Any party,
including the planning agency, which disputes any finding of fact or conclusion of law rendered by the hearing officer in such hearing officer's decision and which wishes to
appeal that decision to the review board shall file such party's specific objections thereto with the review board within 30 days of such party's receipt of the hearing officer's decision.
(h) The decision of the hearing officer will become the final decision of the planning
agency upon the sixty-first day following the receipt of the decision by the review board unless an objection thereto is filed within the time limit established in subsection (g)
of this Code section and within 60 days of the receipt of the hearing officer's decision by the review board:
(1) At least a quorum of the review board meets to review such decision and, by a majority vote of those members present at the meeting, decides whether to affirm,
reverse, or modify the hearing officer's decision or to remand the case to the hearing officer for further consideration; or
(2) At the request of any party which participated in the initial administrative hearing before the hearing officer, or upon its own initiative, the chairperson or the chairperson's designee extends the time period for review of such decision. However,
the review board may not extend the time period for review of such decision for longer than 45 days. The chairperson or vice chairperson shall set the date for the review board meeting and
provide the parties with written notice mailed at least 14 days prior to such meeting. Within 30 days after meeting to review such hearing officer's decision, either the chair-
person or the vice chairperson of the review board shall, on behalf of the review board members present at such meeting, issue a written order which memorializes the decision
of the review board reached by such majority vote. In the event the review board reverses or modifies the hearing officer's decision, the review board shall issue a written
decision explaining why such changes were made. However, the review board shall not reverse findings of fact made by the hearing officer unless the review board specifically
finds that the hearing officer's findings of fact are not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a
reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evi-
dence' standard contained in other statutory provisions. If^ before the date set for the review board's meeting, application is made to the chairperson for leave to present addi-
tional evidence and it is shown to the satisfaction of the chairperson that the additional evidence is material and there were good reasons for failure to present it in the proceed-
ings before the hearing officer, the chairperson may order that the additional evidence be taken before the same hearing officer who rendered the initial decision upon condi-
tions determined by the chairperson. The hearing officer may modify the initial decision

WEDNESDAY, MARCH 9, 1994

2103

by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decision with the review board. Unless leave is given by the chairperson in accordance with the provisions of this subsection, the review board may not consider new evidence under any circumstances. In all circumstances, the review board's decision shall be based upon considerations as set forth in Code Section 31-6-42 and the planning agency's rules.
{1} (i) After the issuance of a decision by the planning agency pursuant to Code Section 31-6-43, no party to an appeal hearing, nor any person on behalf of ttfty such party, shall make any ex parte contact with the hearing officer appointed to conduct the appeal hearing or any member of the review board in regard to a project under appeal.
{g} (j) The decision ef the panel Unless the hearing officer's decision becomes the planning agency's decision by operation of law as provided in subsection (h) of this Code section, the final decision of the review board shall become the planning agency's decision by operation of law. Such final decision shall be the final agency decision for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The appeals process provided by this Code section shall be the administrative remedy only for decisions made by the planning agency pursuant to Code Section 31-6-43 which involve the approval or denial of applications for certificates of need.
{h} (k) In the event that the review boardj its chairman, or a panel ef- th review board or its chairperson or vice chairperson requires legal counsel, the chairman chairperson or vice chairperson shall make a request for such advice to the Attorney General.
(1)_If; based upon the findings of the hearing officer, the review board determines that the appeal filed by any party of a decision of the planning agency lacks substantial justification and was undertaken solely for the purpose of delay or harassment, the review board may enter an award in its written order against such party and in favor of the successful party or parties, including the planning agency, of all or any part of their respective reasonable and necessary attorney's fees and expenses of litigation, as the review board deems just. Such award may be enforced by any court undertaking judicial review of the final decision. In the absence of any petition for judicial review, then such award shall be enforced, upon due application, by any court having personal jurisdiction over the party against whom such an award is made.
(i) (m) Any party to the initial administrative appeal hearing conducted by the appointed hearing officer, excluding the planning agency, may seek judicial review of the panel's final decision in accordance with the method set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that in conducting such review, the court may reverse or modify the final decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the planning agency, the hearing officer, or the review board; or the administrative findings, inferences, and conclusions^ and decision ef the review board contained in the final decision are:
(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion."
Section 4. Those provisions of this Act relating to the appointment of members of the Health Planning Review Board to take office on July 1, 1994, shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective July 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

2104

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 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 each county.

The following amendment was read and adopted:

Representative Smith of the 174th moves to amend SB 394 as follows: Page 3 on line 6, strike the word "affidavit" and insert the word "application". Beginning on line 14, delete the sentence "The tax commissioner shall provide affidavit forms for this purpose." On line 17 delete the word "tax" and "of the county or the designee thereof. On line 19 delete "and" and insert the word "which." On line 27 substitute the word "application" for the word "affidavit."

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 Y Buck Y Buckner Y 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 Coleman, T
Y Colwell Y 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
Dobbs Y Ehrhart YEpps

Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Y Golden
Goodwin
Y Greene Groover Hammond 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 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 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
Padgett E Parham
Parrish Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B

WEDNESDAY, MARCH 9, 1994

2105

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 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
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 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker Pro Tem assumed the Chair.

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 certain information to be exchanged between parties to a motor vehicle accident; 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.

The following Committee substitute was read:

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 certain information to be exchanged between parties to a motor vehicle accident; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle accidents, is amended by striking subsection (a) of Code Section 40-6-270, relating to the duty of a driver to stop at the scene of an accident, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall:
(1) Give his or her name and address and the registration number of the vehicle ric ts drivingj
(2) Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with; ad
(3) Give the name of the liability insurance carrier for the motor vehicle; and {3} (4) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person. The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary."

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JOURNAL OF THE HOUSE,

Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Thomas of the 100th moves to amend the Committee substitute to SB 574 by striking from lines 1 through 4 of page 1 the following:
"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 certain information to be exchanged between parties to a motor vehicle accident; to",
and inserting in its place the following:
"To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to require certain information to be exchanged between parties to a motor vehicle accident; to change 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 Program; to provide that a police officer may give a visual or an audible signal to bring a vehicle to a stop; to provide for other related matters; to provide for effective dates and applicability; to".
By striking from lines 7 through 9 of page 1 the following:
"Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle accidents, is amended by striking subsection (a) of,
and inserting in its place the following:
"Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by striking subsection (a) of.
By striking from lines 15 and 16 of page 2 the following:
"Section 2. All laws and parts of laws in conflict with this Act are repealed.",
and inserting in their places the following:
"Section 2. Said chapter is further amended by striking subsection (d) of Code Section 40-6-391.1, relating to pleas of nolo contendere in cases of driving under the influence of alcohol or drugs, and inserting in its place a new subsection to read as follows:
'(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit satisfactory evidence of such completion to the Department of Public Safety and the court within 129 days ef- the issuance ef th court erdef. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The court shall, at the time of surrender of the driver's license to it, issue a temporary driving permit which shall expire not more than 120 days from its issuance. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, his the 120 day driving permit shall be invalid and his or her driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program.'

WEDNESDAY, MARCH 9, 1994

2107

Section 3. Said chapter is further amended by striking subsection (a) of Code Section 40-6-395, relating to fleeing or attempting to elude a police officer, in its entirety and inserting in its place the following:
'(a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual and or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle.'
Section 4. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Section 2 of this Act shall apply with respect to matters pending on that date as well as matters arising thereafter.
(b) Section 1 of 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 Mills of the 21st moves to amend the Thomas amendment to the Committee substitute to SB 574 as follows:
Page 3 between lines 11 and 12 insert Section 3 as follows:
Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, is amended by 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 18 21 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 9^X5 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 18 21 charged with a violation of this Code section.'"
And renumbering the remaining sections as appropriate.

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

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

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

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

N Cummings N Davis, G N Davis, M
Dickinson Y Dix N Dixon, H N Dixon, S
Dobbs Ehrhart N Epps Y 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
N Henson

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JOURNAL OF THE HOUSE,

N Holland N Holmes
Howard N Hudson Y Hughes N Hugley
Irvin
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 Klein
N Ladd Y Lakly

N Lane, D N Lane, R Y Lawrence
Lawson Lee Y Lewis N Lord
Lucas Y Maddox YMann N Martin N McBee N 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 E Parham N Parrish
Patten N Pelote
N Perry
Pinholster N Poag N Polak
N Porter N Poston N Powell N Purcell, A Y 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
Smith, L N Smith, P
Smith, T Y 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 N Teague N Teper N Thomas
Tillman N Titus
N Towery Y Trense
Turnquest
Twiggs Y Vaughan
Walker
Y Wall
N Watson N Watts Y Westmorland N White N Williams, B
Williams, R Y Yates N Yeargin N Murphy, Spkr

On the adoption of the amendment, the ayes were 29, nays 110. The amendment was lost.

The Thomas amendment was adopted.

The Committee substitute, as amended, was adopted.

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

Y Ashe Y Atkins Y Bailey
Y Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Y Breedlove
Y Brooks, D Y Brooks, T
Y Brown
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
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
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 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 Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd N 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 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 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
Tillman
Y Titus
Y Towery
Y Trense
Turnquest Y Twiggs Y Vaughan
Walker Y Wall
Y Watson Y Watts N Westmorland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

WEDNESDAY, MARCH 9, 1994

2109

On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SR 522. By Senators Isakson of the 21st, Ragan of the 32nd, Clay of the 37th and Thompson of the 33rd:
A resolution designating the Walter Kelly, Jr., Bridge.

The following Committee substitute was read and adopted:

A RESOLUTION
Designating the Walter Kelly, Jr., Bridge and designating the Hardy Durham Paulk, Sr., Memorial Bridge; and for other purposes.
Part I
WHEREAS, Walter Kelly, Jr., has been widely known and highly regarded by the citizens of Cobb County as a leading contributor to the development and improvement of Cobb County; and
WHEREAS, Mr. Kelly served with distinction as a past president of the Cobb County Chamber of Commerce and as chairman of the Cobb County Development Authority; and
WHEREAS, he is an active volunteer on behalf of the Boys' and Girls' Clubs of Cobb County, the Salvation Army, and numerous other humanitarian and charitable organizations; and
WHEREAS, he has been an influential and tireless promoter of the Southern College of Technology; and
WHEREAS, the citizens of Cobb County have reaped countless benefits as the result of his wisdom, vision, integrity, and dedicated efforts; and
WHEREAS, it is abundantly fitting and proper that a citizen who has contributed so much to the welfare of his community and state be appropriately recognized by the designation of a bridge in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Interstate 75 on State Highway 120 in Cobb County, Georgia, be designated the Walter Kelly, Jr., Bridge.
Part II
WHEREAS, Mr. Hardy Durham Faulk, Sr., a civic leader, farmer, and merchant in Twiggs County contributed so much to his community during his eventful life; and
WHEREAS, he was a security representative with Great Southern Paper Company, formerly Great Northern Paper Company and, prior to that, Southern Land and Timber Company; and
WHEREAS, Mr. Faulk was a charter member of the Richland Restoration League and Twiggs County Development Corporation; and
WHEREAS, he was a Democrat and Colonel aide-de-camp on the staff of Governor Ernest Vandiver; and
WHEREAS, his love for his community was second only to his love for his lovely wife, Eulilla Blanche Baker, and his son, Hardy Durham Faulk, Jr.; and

2110

JOURNAL OF THE HOUSE,

WHEREAS, it is abundantly fitting and proper that a citizen who has contributed so much to the welfare of his community and state be appropriately recognized by the designation of a bridge in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Savage Creek that flows under State Route 87 and U.S. Highway 23 in Twiggs County is designated as the Hardy Durham Faulk, Sr., Memorial Bridge.
Part III
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs at appropriate locations designating the Walter Kelly, Jr., Bridge and the Hardy Durham Faulk, Sr., Memorial Bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Mr. Walter Kelly, Jr., and the family of Mr. Hardy Durham Faulk, Sr.

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot 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 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
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 Y Felton
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
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 Y Lord
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
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 Y Sinkfield Y Skipper

Y Smith, C Y Smith, L
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 Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan
Walker Y Wall
Watson Y Watts Y Westmorland Y White Y Williams, B
Y Williams, R Yates Yeargin
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 147, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

WEDNESDAY, MARCH 9, 1994

2111

SB 710. By Senators Perdue of the 18th and Hill of the 4th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to provide that no program or project started with lottery proceeds shall be continued with funds from the general fund.

The following substitute, offered by Representative Crews of the 78th, was read and adopted:

A BILL
To amend Article 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 limit the use of certain electronic or mechanical devices to sell lottery tickets or shares; to provide for the locating and supervision of such devices; to provide for labeling of such devices; to provide that no program or project started with lottery proceeds shall be continued with funds from the general fund; to change certain provisions relating to penalties and to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the lottery for education, is amended by striking paragraph (9) of Code Section 50-27-10, relating to procedures for regulating the conduct of lottery games, and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) (A) The method to be used in selling tickets or shares2 which may include the use of electronic or mechanical deviceSj but such devices may be placed only in locations on the premises of the lottery retailer which are within the view of such retailer or an employee of such retailer. All electronic or mechanical devices shall bear a conspicuous label prohibiting the use of such device by persons under 18 years of age.
(B) A lottery retailer who knowingly allows a person under 18 years of age to purchase a lottery ticket or share from an electronic or mechanical device shall be subject to the penalties provided in Code Section 50-27-26;".
Section 2. Said article is further amended by striking subsection (f) of Code Section 50-27-13, relating to the disposition of lottery proceeds, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) In compliance with the requirement of the Constitution that there shall be a separate accounting of lottery proceeds, no deficiency in the Lottery for Education Account shall be replenished by book entries reducing any nonlottery reserve of general funds, including specifically but without limitation the revenue shortfall reserve or the midyear adjustment reserve; nor shall any program or project started specifically from lottery proceeds be continued from the general fund; such programs must be adjusted or discontinued according to available lottery proceeds unless the General Assembly by general law establishes eligibility requirements and appropriates specific funds within the general appropriations Act; nor shall any nonlottery surplus in the general fund be reduced. No surplus in the Lottery for Education Account shall be reduced to correct any nonlottery deficiencies in sums available for general appropriations, and no surplus in the Lottery for Education Account shall be included in any surplus calculated for setting aside any nonlottery reserve or midyear adjustment reserve. In calculating net revenue collections for the revenue shortfall reserve and midyear adjustment reserve, the state auditor shall not include the net proceeds."
Section 3. Said article is further amended by striking Code Section 50-27-26, relating to sales to minors, penalties, and affirmative defenses, and inserting in lieu thereof a new Code Section 50-27-26 to read as follows:

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JOURNAL OF THE HOUSE,

"50-27-26. Any person who knowingly sells a lottery ticket or share to a person under 18 years of age or permits a person under 18 years of age to play any lottery games shall be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $500.00 for the first offense and for each subsequent offense not less than $200.00 nor more than $1,000.00. It shall be an affirmative defense to a charge of a violation under this Code section that the retailer reasonably and in good faith relied upon representation of proof of age in making the sale."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Colwell Connell
YCox
Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson
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 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 Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
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 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
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
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
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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following amendment was read and adopted:

WEDNESDAY, MARCH 9, 1994

2113

The Committee on State Institutions and Property moves to amend SR 470 as follows: Page 2 - line 23 - after the word August 1, strike "1888" and insert "1988".

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

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

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 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

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
YLord 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
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
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 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
Turnquest Y Twiggs Y Vaughan
Walker Y Wall
Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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 Annotated, 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.

The following amendment was read and adopted:

Representative Dobbs of the 92nd moves to amend SB 608 by adding after the semicolon on line 4 of page 1 the following:

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JOURNAL OF THE HOUSE,

"to change provisions relating to proof of violation of minimum requirements;".
By striking the quotation mark on line 22 of page 8 and adding between lines 22 and 23 of page 8 the following:
"(c) (1) The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Code section or the terms of the permit.
(2) If, during a ten-year rainfall event or a rainfall event of greater magnitude, storm-water runoff turbidity exceeds the levels provided for in paragraph (17) of subsection (a) of this Code section or other turbidity requirements adopted by an issuing authority, such exceeding of such levels shall not constitute a violation of the requirements provided for or authorized under this Code section if all such requirements other than those relating to turbidity have been met.
(3) This subsection shall cease to apply upon the adoption of a rule or regulation as provided for in subparagraph (a)(17)(B) of this Code section.'"

The following amendment was read:

Representative Jenkins of the 110th moves to amend SB 608 by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following:
"To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to define certain terms; to provide that any county or city which draws water from a river basin or watershed shall return its water discharge into such river basin or watershed; to provide that any county or city which draws water from more than one river basin or water shed must return its discharge water into such river basins or water sheds on a pro rata basis; to provide a penalty; to revise certain minimum".
By striking lines 21 through 23 on page 1 and inserting in lieu thereof the following:
"Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by inserting at the end of Chapter 5, relating to water resources, the following:
'ARTICLE 9 12-5-540 Any county or municipality which draws water from a single river basin or watershed shall return all of the water discharged into the same river basin or watershed. Any county or municipality which draws water from more than one river basin or watershed shall return discharged water to each such river basin or watershed in a pro rata amount relative to the amount of water withdrawn from such river basin or watershed. 12-5-541. Any county or municipality which discharges an amount of water greater than 5 percent of the amount allowed by Code Section 12-5-540 into any river basin or watershed shall pay a civil penalty of $1,000.00 per day of such violation, such amount to be paid into the general fund of the state treasury.' Section 2. Said title is further amended by striking Code Section 12-7-3,".
By striking the word "chapter" on line 1 on page 4; line 23 on page 8; line 29 on page 9; line 11 on page 11; line 10 on page 12; and line 3 on page 13 and inserting in lieu thereof the word "title".

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

WEDNESDAY, MARCH 9, 1994

2115

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

N Colwell Connell
NCox N Crawford N Crews N Culbreth N Cummings N Davis, G Y Davis, M N Dickinson
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
Goodwin
N Greene N Groover N Hammond
N Hanner N Harris, B
N Harris, M Hart
N Heard N Hegstrom N Hembree N Henson N Holland N Holmes

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

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

On the adoption of the amendment, the ayes were 13, nays 132. The amendment was lost.

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

The following amendment was read and adopted:

Representative Davis of the 48th moves to amend SB 608 by adding on line 8 of page 1 immediately after the word and symbol "security;" the following:
"to provide that no such permit shall be issued for any land upon which is owing any past due ad valorem taxes;".
By inserting between lines 28 and 29 on page 9 the following:
"Section 4. Said chapter is further amended by adding at the end of Code Section 12-7-7, relating to permits required for land-disturbing activities, the following:
'(f) No permit may be issued pursuant to subsection (b) or (c) of this Code section unless the applicant provides a statement by the tax collector or tax commissioner of the county in which the property for which the permit is requested lies and by the official responsible for the collection of municipal taxes in the municipality within which such property lies, if applicable, certifying that all ad valorem taxes levied against the property and due and owing have been paid.'"
By redesignating Sections 4 through 9 as Sections 5 through 10, respectively.

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

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JOURNAL OF THE HOUSE,

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 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 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

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 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 Y Milam
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
Pinholster
YPoag Y Polak Y Porter E 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
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

On the passage of the Bill, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 Annotated, known as the "Patient Self-referral Act of 1993," so as to change certain 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.

The following amendment was read and adopted:

Representative Holmes of the 53rd moves to amend SB 565 as follows:
By adding on page 2, line 2 after January 1, 1995, the following sentence:
"This act shall not be construed to affect the effective date for any designated health care services other than durable medical equipment, home infusion therapy services (including related pharmaceuticals and equipment), home health care services."

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

Bostick Y Breedlove Y Brooks, D

WEDNESDAY, MARCH 9, 1994

2117

Y Brooks, T Y 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 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
Dixun, H

Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Felton Y Floyd, J.M
Floyd, J.W Y Godbee Y Golden
Goodwin Greene Groover Y Hammond Y Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom Y Herabree 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 Jones
N Joyce Y Kaye 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 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 Y Orrock
Y Padgett E Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster Y Poaj Y Pohk Y Porter Y P o? ton Y Powell Y Puicell, A Y Purcel 1 , B Y Randall Y Randoloh
YRay Reaves
Y Reichert
Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpscn 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
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 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 676. By Senator Clay of the 37th:
A bill to amend Code Section 15-6-94 of the Official Code of Georgia Annotated, 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 arts of the authority; to provide for related matters; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-6-94 of the Official Code of Georgia Annotated, relating to the Georgia Superior Court Clerks' 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-94 of the Official Code of Georgia Annotated, relating to the Georgia Superior Court Clerks' Cooperative Authority, is amended by striking subsection (b) of said Code section and inserting in its place the following:
"(b) (1) The authority shall consist of seven members as follows: two members appointed by the prcaidcnt executive board of The Council of Superior Court Clerks of Georgia to serve for a term of one year each and until their respective successors are appointed; two members appointed by the executive board of the The Council of Superior Court Clerks' Association Clerks of Georgia^ who shall currently be superior

2118

JOURNAL OF THE HOUSE,

court clerks, to serve for a term of two years each and until their respective successors are appointed; one member appointed by the Executive &oea4 ef Association County Commissioners ef Georgia Governor, who shall currently be a county commissioner, to serve for a term of three years and until such member's respective successor is appointed; and two members appointed by the Governor to serve for a term of three years each and until their respective successors are appointed. After the initial appointments, all members thereafter shall serve for terms of three years each. All acts performed by the authority prior to the effective date of this paragraph shall have the same force and effect as if this paragraph had been m effect since the creation of the authority.
(2) Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except as specifically provided in this subsection, members of the authority shall receive no compensation for their services.
(3) Four members of the authority shall constitute a quorum; and the affirmative votes of four members of the authority shall be required for any action to be taken by the authority.
(4) The board may, in its discretion, appoint an executive director as the administrative head of the authority and shall set his or her salary. Unless the board appoints an executive director, the president of The Council of Superior Court Clerks of Georgia shall serve as the executive director and administrative head of the authority. If the president of The Council of Superior Court Clerks of Georgia serves as the administrative head of the authority, he or she may appoint a person as assistant director and delegate such of his or her powers and duties to such assistant as he or she desires. The executive director, with the concurrence and approval of the board, shall hire officers, agents, and employees; prescribe their duties, responsibilities, and qualifications and set their salaries; and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director.
(5) The authority may promulgate rules and regulations for its own government and for discharging its duties as may be permitted or required by law or applicable rules and regulations.
(6) The authority shall have perpetual existence."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey 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 Y Byrd Y Campbell Y Canty

Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B
Coleman, T

Y Colwell Connell
Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H

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

WEDNESDAY, MARCH 9, 1994

2119

Y Groover Y Hammond Y Manner Y Harris, B Y Harris, M
Hart Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y 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 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 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
E 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 Y 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 Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs
Y Vaughan Walker
Y Wall
Y Watson Y Watts
Y Westmorland Y White
Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker assumed the Chair.

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 provide an effective date.

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

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 effective date.

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

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

Y Ashe
Y Atkins 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 Buck

Y Buckner Y Bunn
Y Burkhalter Y Byrd
Campbell Y Canty

Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless
Chandler

2120

JOURNAL OF THE HOUSE,

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 Y 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
Goodwin Y Greene

Y Groover Y Hammond
Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom
Y Hembree Henson
Y Holland
Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y 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 YLord
Lucas Y Maddox YMann Y Martin
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 E Poston Y Powell Y 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 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
Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Towery Y Trense Y Turnquest
Y Twiggs Y Vaughan
Walker Y Wall
Y Watson Y Watts Y Westmorland
White Y Williams, B Y Williams, R
Y Yates Yeargin Murphy, Spkr

On the adoption of the Resolutions, the ayes were 149, nays 0. The Resolutions, having received the requisite constitutional majority, was adopted.

The Speaker Pro Tern assumed the Chair.

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 drivers' 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.

The following Committee substitute was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of resident; 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; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (15) of Code Section 40-5-1, relating to definitions relative to drivers' licenses, in its entirety and inserting in lieu thereof a new paragraph (15) to read as follows:
"(15) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever he such person is absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that the following person is a resident:

WEDNESDAY, MARCH 9, 1994

2121

(A) Any person who accepts employment or engages in any trade, profession, or occupation in Georgia or enters his or her children to be educated in the public schools of Georgia within ten days after the commencement of such employment or education; or
(B) Any person who, except for infrequent, brief absences, has been present in the state for 30 or more daysv; provided, however, that no person shall be considered a resident for purposes of this chapter unless such person is either a United States citizen or an alien presumed to be residing in the United States under color of law. The term 'presumed to be residing in the United States under color of law' shall specifically exclude any alien who is in the United States illegally or any alien who fails to produce evidence, as provided by the U. S. Immigration and Naturalization Service, establishing his or her right to be or remain in the United States."
Section 2. Said title is further amended by striking in its entirety Code Section 40-5-24, relating to instruction permits and temporary licenses, and inserting in lieu thereof a new Code Section 40-5-24 to read as follows:
"40-5-24. (a) Any person resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of 12 months when accompanied by a person at least 18 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. This subsection does not apply to instruction permits for the operation of motorcycles.
(b) Any peraen resident of this state who is at least 16 years of age may apply to the department for a noncommercial Class M motorcycle instruction permit. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a motorcycle or a motor driven cycle upon the public highways for a period of six months. A motorcycle instruction permit shall not be valid when carrying passengers, or on a limited access highway, or at night.
(c) Any perseR resident of this state who is at least 18 years of age may apply to the department for an instruction permit to operate noncommercial vehicles in Classes A and B. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his or her immediate possession, to operate a vehicle of the appropriate noncommercial class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a driver's license for Classes A and B, the applicant shall pass a knowledge and skill test for driving a Class A or B vehicle as provided by the commissioner.
(d) The department shall issue a temporary driver's permit to an applicant for a driver's license permitting him or her to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicant's eligibility to receive a driver's license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of refusal.

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(e) Any person resident of this state holding a noncommercial Class P instruction permit issued pursuant to subsection (a) of this Code section who is convicted of any moving hazardous offense which resulted in an accident or a suspension of such noncommercial Class P instruction permit shall not be authorized to apply for and receive a noncommercial Class A, B, or C driver's license for a period of 12 months following the date of conviction of any of the offenses enumerated in this subsection. This subsection shall not prohibit any person from reapplying for a subsequent noncommercial Class P instruction permit."
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 amendments were read and adopted:

Representative Powell of the 23rd moves to amend the Committee substitute to SB 518 as follows:
1. On page 2, line 6 after word citizen add:
", resident alien, an alien with US Immunization and Naturalization Service Employment Authorization".
2. Strike on page 2, lines 8 - 13.

Representative Murphy of the 18th moves to amend the Committee substitute to SB 518 by striking from lines 6 and 7 of page 1 the following:
"to provide for an effective date;",
and inserting in lieu thereof the following:
"to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to organization of the Department of Revenue, so as to provide for additional duties and responsibilities of the state revenue commissioner; to require that the state revenue commissioner shall acquire the necessary equipment and take all other necessary steps for the acceptance and utilization by the department of tag and title information in an electronic format from local tax officials; to provide for submission of such information by the county tax collector or county tax commissioner, when available; to provide for other related matters; to provide for effective dates;".
By striking lines 27 through 31 of page 4 in their entirety and inserting in lieu thereof the following:
"Section 3. Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to organization of the Department of Revenue, is amended by adding at the end of said article a new Code Section 48-2-19 to read as follows:
'48-2-19. (a) It is the intent of the General Assembly that the state revenue commissioner shall have total responsibility for the administration of the laws of the state relating to the licensing, registration, valuation, and titling of motor vehicles and that the commissioner shall carry out a complete modernization and improvement of such functions.
(b) The state revenue commissioner shall have total responsibility for developing and implementing a comprehensive and detailed plan to accomplish the modernization and improvement of the functions specified in subsection (a) of this Code section. Such plan shall include:
(1) A detailed analysis of personnel, equipment, motor vehicles, and facilities necessary for the administration of the laws relating to the licensing, registration, valuation, and titling of motor vehicles;

WEDNESDAY, MARCH 9, 1994

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(2) A detailed analysis of the funding necessary to administer such functions of the department;
(3) Detailed recommendations for the most effective methods of carrying out the functions provided for in subsection (a) of this Code section, bearing in mind that the citizens of the State of Georgia should have a right to expect prompt, courteous, and cost-efficient service with respect to such functions;
(4) Recommendations for any changes in the relevant laws needed to accomplish the goals referred to in paragraph (3) of this subsection; and
(5) A suggested timetable for the completion of such recommendations. (c) The state revenue commissioner shall from time to time report to the presiding officers of the Senate and House of Representatives with respect to:
(1) The progress of implementation of the plan provided for in subsection (b) of this Code section;
(2) Any deficiencies or inefficiencies noted by the state revenue commissioner in the current carrying out of the functions provided for in subsection (a) of this Code section; and
(3) Any interim improvements which should be made in the carrying out of such functions pending completion of the plan provided for in subsection (b) of this Code section. (d) The state revenue commissioner shall obtain the necessary equipment and personnel in order to utilize effectively motor vehicle registration, licensing, and title information submitted in electronic form by the tax collectors and tax commissioners of the various counties of this state. All counties which have the technological capability of submitting such registration, licensing, and title information in an electronic form shall do so and all other counties are encouraged to develop such capabilities. The state revenue commissioner may promulgate rules and regulations for the purpose of standardizing the format of such electronic information to be submitted by the tax collectors and tax commissioners of the various counties, provided that such rules and regulations shall provide for the use of one or more electronic formats currently utilized by local taxing officials.'
Section 4. Sections 1 and 2 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. Section 3 of this Act shall become effective July 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.".

The Committee substitute, as amended, was adopted.

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

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

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
Channell Y Childers Y Clark Y Coker

Y Coleman, B Coleman, T
Y Colwell
Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart

Y Epps Y Evans Y Felton
Y Floyd, J.M Y Ployd, 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 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

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Jones Y Joyce Y Kaye Y Kinnamon Y Klein YLadd 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

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 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

Y 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
Stanley, L 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
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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SR 519 Do Pass SR 547 Do Pass, by Substitute
Respectfully submitted, /s/ Colwell of the 7th
Chairman

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

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 Annotated, relating to the office of the Governor, so as to provide for decentralization of state government; to provide for evaluations; to provide that the Office of Planning and Budget shall effectuate the purposes of decentralization of state government.

The following Senate amendments were read:

SENATE AMENDMENT NO. 1

Amend HB 1810 by deleting Section 8.

SENATE AMENDMENT NO. 2

Amend HB 1810 by striking paragraph 2 on line 31 of page 8;

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Also strike "; or" on line 30 of page 8.

Representative Manner of the 159th moved that the House disagree to the Senate amendments to HB 1810.
The motion prevailed.

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 Annotated, 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 Senate amendment was read:

Amend HB 649 by adding a new section to read as follows:
"31-7-3.3. Any person who notifies or causes to be notified any institution required to be licensed, registered or permitted under this Article of the time or date upon which the facility is to be subject to a survey required of such facilities by federal law or regulation of any inspection by the department which is to be unannounced shall be subject to a civil penalty not to exceed $2,000.00".

Representative Sherrill of the 62nd moved that the House disagree to the Senate amendment to HB 649.
The motion prevailed.

HB 1130.

By Representatives Godbee of the 145th, Coleman of the 142nd, Murphy of the 18th, Purcell of the 147th, Taylor of the 134th and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year, so as to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, conditions, and costs of such program.

The following Senate substitute was read:

A BILL
To amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year, so as to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, conditions, and costs of such program; to provide for instructional technology; to provide for student teachers; to provide for effectiveness; 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 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year, is amended by adding at the end thereof the following:
"(f) Each local board of education shall annually provide for a 'Summer Investment Program,' which will be made available to students who have been retained and students who are at risk of failure in grades kindergarten through eight or who have failed academic subjects in these grades to extend beyond the normal school year provided for in

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subsection (c) of this Code section. This program shall be offered during the summer months for not less than six weeks. The Summer Investment Program shall provide for lower teacher-pupil ratios, coordination with family connection resources where appropriate, school locations for the program nearest residential areas of the majority of students required to attend the program, transportation, instruction in subject areas failed by students, utilization of instructional technology, and include teachers who have demonstrated teaching success and rapport with at-risk students. Each local board shall submit a projected number of students eligible for the Summer Investment Program by grade to the Department of Education no later than November 30 of each year in order to have calculated the state cost to operate the Summer Investment Program for inclusion as a separate funding item in the midterm adjustment for the current fiscal year. The cost calculations shall include funds sufficient to provide for teacher salaries, instructional materials, pupil transportation, and facilities maintenance and operations costs. The State Board of Education is encouraged to coordinate with the board of regents to identify student teaching programs in appropriate university system institutions for the purpose of assigning student teachers to as many classes within each school system's Summer Investment Program as possible. This subsection in no way prohibits local boards of education from entering into a multisystem summer program contract to provide services identified in this subsection. This subsection shall be effective only in those years when fully funded by the General Assembly."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Godbee of the 145th moved that the House disagree to the Senate substitute to HB 1130.
The motion prevailed.

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 contracts for the purchase of certain residential property shall have a "Binding Arbitration and Warranty Disclosure Statement".

The following Senate amendments were read:

SENATE AMENDMENT NO. 1

Amend HB 1608 by inserting on line 11 of page 3 between the word "residence" and the period:
", except any person who has been licensed by any local governing authority specifically for purposes of contracting or undertaking as prime contractor the construction of any new single-family residence".
And further by inserting on p. 12 a new section:
"Section 6. The effective date of this act in April 1, 1995."

SENATE AMENDMENT NO. 2

Amend HB 1608 by striking lines 28 & 29 on page 5 and in lieu thereof insert the following:

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"Notify the builder of any item of construction where the consumer believes that material damages to the home in excess of local industry standards are probable due to a violation of any standard codes".
Inserting after the "." on line 31 of page 5 the following:
"Such notification shall be accompanied by written verification of the potential code violation by the local code official unless no such official exists."

Representative Watson of the 139th moved that the House disagree to the Senate amendments to HB 1608.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting or amending the same:

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 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 renegotiation and filing.

Representative Johnson of the 153rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1489 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 Johnson of the 153rd, Royal of the 164th and Skipper of the 137th.

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 Annotated, relating to participation in or contribution to political campaigns by employees of the Department of Public Safety, so as to provide for an exception; 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.

Representative Snow of the 2nd moved that the House insist on its position in disagreeing to the Senate amendment to HB 1333 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Twiggs of the 8th, Snow of the 2nd and Harris of the 112th.

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The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendments 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 Annotated, relating to local family and children services, so as to change the composition, qualifications, and manner of selecting county boards of family and children services; to provide for terms and vacancies; to provide for a chairperson and vice chairperson; to provide for compensation and expenses; to provide for effective dates.

Representative Cauthorn of the 35th moved that the House insist on its position in amending the same.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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 provide a statement of legislative intent.

Representative Godbee of the 145th moved that the House adhere to its position in amending SB 396 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Godbee of the 145th, Smith of the 175th and Hart of the 116th.

The following Bills of the House and Senate were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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 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.

The following Senate amendments were read:

SENATE AMENDMENT NO. 1

Amend HB 1825 by striking lines 7 and 8 of page 3 and inserting in their place the following:

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"(4) 'Agency' means the Department of Human Resources." By striking "Article 2" and inserting "Article 1" on line 16 of page 3.

SENATE AMENDMENT NO. 2

Amend HB 1825 by inserting immediately preceding line 1 on page 2 the following:
"(1) 'Allied health care provider' means any health care provider licensed in this state pursuant to Title 43 or Chapter 4 of Title 26, other than a physician or a hospital.
(2) 'Allied health care provider network joint venture' means a joint venture controlled by an allied health care provider that does not include more than 35 percent of the total number of the participating type of allied health care providers involved, or more than 35 percent of any subspecialists of that type of allied health care provider, in the geographic area in which the venture will offer the allied health care provider services to third party payers, and all of the participating allied health care providers share financial risk, including an equity interest in the network, in jointly marketing the allied health care provider services to third party payers."
By redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9) on lines 1, 10, and 15 on page 2 and lines 7, 9, 15, 17, 21, and 30 on page 3, respectively, as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), and (11), respectively.
By inserting "allied health care provider network joint ventures;" immediately following "providers;" on line 28 on page 2.
By inserting "allied health care provider network joint ventures and" immediately following the word "for" on line 2 on page 3.
By striking "above" on line 3 on page 3 and inserting in lieu thereof "in this Code section".
By striking "including subspecialists" on lines 23 and 24 on page 3 and inserting in lieu thereof "or more than 35 percent of any subspecialists".
By inserting "allied health care provider network joint ventures and" immediately following the word "for" on line 5 on page 4.
By inserting "allied health care provider," after "hospital" on line 20 on page 4.
By striking "or" on line 17 on page 6; by striking "." on line 27 on page 6 and inserting in lieu thereof "; or"; and by inserting immediately following line 27 on page 6 the following:
"(7) If the cooperative agreement is an allied health care provider network joint venture, the venture does not include more than 35 percent of the total number of the participating type of allied health care providers involved, or more than 35 percent of any subspecialists of that type of allied health care provider, in the geographic area in which the venture will offer allied health care provider services to third party payers, and all of the participating allied health care providers share financial risk, including an equity interest in the network, in jointly marketing the allied health care provider services to third party payers."
By inserting "allied health care provider network joint ventures," immediately following "ventures," on line 13 on page 12.
By striking "challenge of on line 26 on page 12 and inserting in lieu thereof "challenge or".

Representative Skipper of the 137th moved that the House disagree to the Senate amendments to HB 1825.

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JOURNAL OF THE HOUSE,

The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 800 by deleting the figure $15.00 on line 6, 10, 11 and 29 on page 3. And inserting the figure $25.00 in its place.

Representative Jenkins of the 110th moved that the House disagree to the Senate amendment to HB 800.
The motion prevailed.

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 Annotated, 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 Senate amendment was read:

Amend HB 1221 by striking on p. 1 lines 14 through 27 and on p. 2 lines 1 through 13.
And by renumbering the subsequent sections accordingly.
And by striking on p. 1 lines 4 and 5 and inserting in lieu thereof:
"vehicles; to provide".

Representative Jamieson of the 22nd moved that the House disagree to the Senate amendment to HB 1221.
The motion prevailed.

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 Annotated, 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 organization".

The following Senate substitute was read:

WEDNESDAY, MARCH 9, 1994

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A BILL
To amend Code Section 45-20-51 of the Official Code of Georgia Annotated, 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 organization"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions regarding voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, is amended by striking division (3)(A)(ii) and inserting in its place a new division (3)(A)(ii) to read as follows:
"(ii) (I) Provides direct and substantial services on a state-wide basis er is . (II) Is one of the federated charitable organizations that coordinates fund raising
and allocations for local charitable organizations in the various geographic areas in which employees are solicited.
(III) Is a federation of both state-wide and local organizations which are otherwise qualified under this article and which federation expends all funds collected under this article to serve Georgia residents and programs. No charitable organization shall be qualified or certified by the State Personnel Board under more than one subdivision of this division;".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Holmes of the 53rd moved that the House agree to the Senate substitute to HB 1439.
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
Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell
Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

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 YEpps
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 Hart Y Heard Y Hegstrom
Y Hembree Henson
Y Holland Y Holmes

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

On the motion, the ayes were 139, nays 5.

Y Mobley, B Y Mobley, J Y Moore
Y Mosley 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
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

Smith, C Y Smith, L Y 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
Tillman Y Titus
Towery Y Trense
Y Turnquest Twiggs
Y Vaughan Walker
Y Wall
Y Watson Y Watts N Westmorland Y White
Y Williams, B Y Williams, R Y Yates
Y Yeargin Murphy, Spkr

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The motion prevailed.

The Speaker assumed the Chair.

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 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 water or tax liens to set off an award made in any such condemnation proceedings.

The following Senate 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 tax liens or special assessments tax liens to set off an award made in any such condemnation 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 municipality 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 amount of any municipal or county tax liens on the condemned property and by any existing special assessments tax liens on the condemned property, including without limitation education or special district taxes collected by the municipality or county; provided, however, that any such setoff shall be subject to any existing tax liens having higher priority pursuant to Code Section 48-2-56 and to the interest in the condemned property of any 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 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.

Representative Stanley of the 49th moved that the House agree to the Senate substitute to HB 989.
On the motion, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 9, 1994

2133

Y Ashc Y Atkins Y Bailey Y Baker Y Bannister Y Bart'uut Y Bargeron Y Barnes Y Bales Y Benefield
Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks. U Y Brooks. T
Brown 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 Channel! 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 Y Ehrhart Y Epps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee
Golden Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris, B Y Harris, M 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, U.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 Lawson Y 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 Y Orrock
Padgett E Parham
Parrish Patten 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 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 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 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 Y Yeargin
Murphy, Spkr

On the motion, the ayes were 150, nays 0. The motion prevailed.

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 Annotated, 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 Senate amendment was read:

Amend HB 1504 by adding: "Section 4. This Act shall become effective on January 1, 1995."

Representative Felton of the 43rd moved that the House agree to the Senate amendment to HB 1504.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y' Bordeaux

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

Y- Biu-kner Bunn
Y Burkhalter Y Byrd Y Campbell Y Canty

Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler

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JOURNAL OF THE HOUSE,

Y Channel! Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T
Y Colwell Y Connell
Cox Crawford Y Crews Y Culbreth Y Cummings Y Davis, G 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
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
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 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
Mann 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
Padgett E Parham Y Parrish
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 Y 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 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 Westmorland Y 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.

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 Annotated, relating to municipal courts, so as to create the Council of Municipal Court Judges of Georgia.

The following Senate substitute was read:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add powers to the board of trustees of the county law library; to provide for the use of moneys collected for county law library use; to raise the upper limit on the amount that may be collected for a county law library; to create the Council of Municipal Court Judges of Georgia; to provide for the membership, officers, powers, duties, and funds of the council; to provide for contracts; to provide for powers, duties, and authority of the Administrative Office of the Courts; to provide for the effect of membership in the council; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-15-4, relating to powers and duties of board of trustees in general, and inserting in its place the following:
"36-15-4. The board of trustees is given the following powers and duties: (1) To provide for the collection of all money provided for in this chapter; (2) To select the books, reports, texts, and periodicals; (3) To make all necessary rules and regulations governing the use of the library; (4) To keep records of all its meetings and proceedings; and

WEDNESDAY, MARCH 9, 1994

2135

(5) To exercise all other powers necessary for the proper administration of this chapter^ j and
(6) To enter into agreements with the boards of trustees of other county law libraries within the same judicial circuit for the purpose of pooling funds to purchase books, reports, texts, and periodicals and to purchase or lease computer-related research equipment and programs; to provide for the joint use of such books, reports, texts, periodicals, and computer-related research equipment and programs within the same judicial circuit; and to provide where said books, reports, texts, periodicals, and computer-related research equipment and programs may be maintained."
Section 2. Said title is further amended by striking subsection (a) of Code Section 36-15-7, relating to use of county law library funds, and inserting in its place the following:
"(a) The money paid into the hands of the treasurer of the board of trustees of the county law library shall be used for the purchase of law books, reports, texts, periodicals, supplies, desks, and equipment and for the maintenance, upkeep, and operation of the law library, including the services of a Iibrarian2 and for the purchase or leasing of computer-related legal research equipment and programs."
Section 3. Said title is further amended by striking subsection (a) of Code Section 36-15-9, relating to collection of additional costs in court cases for county law library, and inserting in its place the following:
"(a) For the purpose of providing funds for those uses specified in Code Section 36-15-7, a sum not to exceed $8.00 $5.00, in addition to all other legal costs, may be charged and collected in each action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, state, probate, and any other courts of record, except county recorders' courts or municipal courts. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the chief judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless the chief judge first determines that a need exists for a law library in the county. The clerk of each and every such court in such counties in which such a law library is established shall collect such fees and remit the same to the treasurer of the board of trustees of the county law library of the county in which the case was brought, on the first day of each month. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeitures fund of the court in which the case is filed, before any other disbursement or distribution of such fines or forfeitures is made."
Section 4. Said title is further amended by adding at the end thereof a new Article 3 to Chapter 32 to read as follows:
"ARTICLE 3
36-32-40. (a) There is created a council of municipal court judges to be known as the 'Council of Municipal Court Judges of Georgia.' The council shall be composed of the judges of the municipal courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a first vice president, a second vice president, a secretary, a treasurer, and such other officers as the council shall deem necessary. The council shall have an executive committee composed of two representatives from each judicial administrative district.
(b) It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the municipal courts and the administration of justice, to assist the judges of the municipal courts throughout the state in the execution of their duties, and to promote and assist in the training of such judges.

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JOURNAL OF THE HOUSE,

(c) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from private funds available to the council, and from other appropriate sources.
(d) The council through its officers may contract with a person or firm including any member of the council for the production of educational material and compensate said member for producing such material, provided that funds are available to the council at the time of execution of the contract or will be available at the time of the completion of the contract and provided that the terms of the contract are disclosed to the full council and made available to the general public and news media. At the request of the council, the Administrative Office of the Courts shall be authorized to act as the agent of the council for the purpose of supervising and implementing the contract.
(e) The Administrative Office of the Courts shall provide technical services to the council and shall assist the council in complying with all its legal requirements.
(f) Notwithstanding any other law, a council member shall not be ineligible to hold the office of judge of a municipal court by virtue of his or her position as a member of the council and membership in the council shall not constitute the holding of a public office."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 143rd moved that the House agree to the Senate substitute to HB 1459.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield
Birdsong Y Bordeaux
Bostick Breedlove Y Brooks, D Brooks, T 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
Crawford Y Crews Y Culbreth
Y Cummings Y Davis, G
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
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
Lawson YLee Y Lewis YLord
Lucas Y Maddox
Mann Y Martin Y McBee
Y McClinton McKinney
Y Milam Y Mills

On the motion, the ayes were 151, nays 0. The motion prevailed.

Y Mobley, B Y Mobley, J Y Moore
Y Mosley 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
Pos ton 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 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

WEDNESDAY, MARCH 9, 1994

2137

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 circumstance the offense of murder committed while offender was engaged in the commission of the offense of drive-by shooting.

The following Senate amendment was read:

Amend HB 1198 on page 2, line 2 by striking "three" and inserting in its place "five".
Representative Wall of the 82nd moved that the House agree to the Senate amendment to HB 1198.
On the motion, the roll call was ordered and the vote was as follows:

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

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 Y 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
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
Lawson YLee Y Lewis
YLord Lucas
Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

On the motion, the ayes were 153, nays 0. The motion prevailed.

Y Mobley. B Y Mobley, J Y Moore Y Mosley
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
Poston
Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Shanahan Y Sherrill 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 Srnyre 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 Y Walker Y Wall Y Watson Y Watts Y Westmoreland
Y White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

HB 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.

2138

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

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; to provide for certificates and admission thereof as evidence; to provide for practices, procedures, and requirements relative to testing of substances or evidence, certificates related thereto, and criminal procedure in cases related thereto; to provide for notices; to provide for time limits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding at the end thereof a new Code Section 35-3-16 to read as follows:
"35-3-16. (a) In any proceeding for a violation of the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act,' a law enforcement agency may submit to one of the laboratories operated by the Division of Forensic Sciences of the Georgia Bureau of Investigation any substance, including but not limited to any substance believed to be a controlled substance or dangerous drug, or counterfeit thereof, or any poisons or any drugs. Also, a law enforcement agency may, in any prosecution for the offense of driving under the influence of alcohol or drugs under Code Section 40-6-391, submit a sample of the suspect's blood or urine for analysis in such case. The laboratory shall analyze these substances.
(b) Upon the request of the appropriate district attorney's office, the laboratory employee performing the analysis shall prepare a certificate. This employee shall sign the certificate under oath and shall include in the certificate an attestation as to the result of the analysis. The presentation of this certificate to a court by any party to a proceeding shall be evidence of compliance with all of the requirements and provisions of this Code section. This certificate shall be sworn to before a notary public or other person authorized by law to administer oaths and shall contain a statement establishing the type of analysis performed, the result achieved, and that the subscriber is the person who performed the analysis. When properly executed, the certificate shall, subject to subsection (c) of this Code section and notwithstanding any other provision of law, be admissible evidence of the composition, quality, and quantity of the substance submitted to the laboratory for analysis, and the court shall take judicial notice of the signature of the person performing the analysis and of the fact that he or she is that person.
(c) Whenever a party intends to tender in a criminal or civil proceeding a certificate executed pursuant to this Code section, notice of an intent to proffer that certificate and any reports relating to the analysis in question, including a copy of the certificate, shall be served on the opposing party or parties at least ten days before the proceeding begins. An opposing party who intends to object to the admission into evidence of a certificate shall give notice of objection and the grounds for the objection within ten days of receiving the adversary's notice of intent to tender the certificate. Whenever a notice of objection is filed, admissibility of the certificate shall be determined not later than two days before the beginning of the trial. A preferred certificate shall be admitted into evidence unless it appears from the notice of objection and specific grounds for that objection that the composition, quality, quantity, or chain of custody of the substance submitted to the laboratory for analysis will be contested in good faith at trial. A failure to comply with the time limitations regarding the filing of the notice of objection and the grounds for the objection required by this Code section shall constitute a waiver of any objections to the admission of the certificate. The time limitations set forth in this Code section shall not be relaxed except upon a showing of good cause."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 9, 1994

2139

Representative Snow of the 2nd moved that the House agree to the Senate substitute to HB 838.
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
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 Charabless 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 Ehrhart
YEpps Y Evans
Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond
Y Manner Y Harris, B
Y Harris, M Hart
Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
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 YLord
Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney Y Milam Y Mills

On the motion, the ayes were 157, nays 0. 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 Y Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal
Scoggins Y Shanahan Y Sherrill
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 Tillman
Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson
Y Watts Y Westmoreland
White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

HB 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 condition 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 Senate substitute was read:
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 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; 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

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JOURNAL OF THE HOUSE,

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 provide for termination of certain duties required of sex offenders upon completion of terms of parole; 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 Annotated, 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 follows:
"42-9-44.1. (a) As used in this Code section, the term 'sexual offense' means a violation 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; 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 10 days of the release on parole or within 10 days of setting 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 10 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. (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 sheriff under this Code section. Such register shall be open to public inspection. (f) The requirement that a sex offender provide notice and information pursuant to subsections (b) and (c) of this Code section shall terminate upon the offender's satisfactory completion of his or her terms of parole."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Harris of the 17th moved that the House agree to the Senate substitute to HB 1229.
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 Benetield Y Birdsong N Bordeaux
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 Channel!
Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Colwell Y Connell Y Cox
Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M

WEDNESDAY, MARCH 9, 1994

2141

Y Dickinson Y Dix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Felton Y Fioyd, J.M Y Floyd, J.W
Y Godbee 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

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 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 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 Padgett
E Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster
Y Poag Y Polak Y Porter

On the motion, the ayes were 156, nays 1. The motion prevailed.

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 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

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

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 Corrections; to provide for an effective date and applicability.

The following Senate amendment was read:

Amend the House substitute to SB 440 by striking in their entirety lines 29 through 31 of page 20 which read as follows:
'"16-11-101. Except as otherwise provided in Code Section 16-11-101.1, a A person is guilty of a misdemeanor of a high and aggravated nature when he or",
and inserting in lieu thereof the following:
'"16-11-101. A person is guilty of a misdemeanor of a high and aggravated nature when he or".
By striking in its entirety line 1 of page 21 which reads follows:
"the age of 18 years a pistol, metal knuckles, or knife",
and inserting in lieu thereof the following:
"the age of 21 18 years a pistol, metal knuckles^ or knife".

2142

JOURNAL OF THE HOUSE,

Representative Baker of the 70th moved that the House agree to the Senate amendment, to the House substitute, to SB 440.
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 Bostick
Y Breedlove Y Brooks, D N Brooks, T N 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
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
Goodwin Y Greene Y Groover Y Hammond Y Banner Y Harris, B Y Harris, M
Hart Y Heard
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
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd N Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson Y Lee 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 E Oliver Y O'Neal Y Orrock
Padgett E Parham Y Parrish
Patten Y Pelote Y Perry
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 YSmyre YSnow Y Stancil, F Y Stancil, S Y Stanley, L
N 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 Westmorland
White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 151, nays 4. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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 Annotated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valuations established on appeal can be changed for subsequent taxable years.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1196

The Committee of Conference on HB 1196 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1196 be adopted.
Respectfully submitted,

WEDNESDAY, MARCH 9, 1994

2143

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ Nadine Thomas Senator, 10th District
/s/ Pam Glanton Senator, 34th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Wm. Lee Representative, 94th District
/s/ Frank I. Bailey, Jr. Representative, 93rd District
/s/ A. Richard Royal Representative, 164th District

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 or decisions rendered on certain appeals can be changed by such board; 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 any year, that has not been returned by the taxpayer at a different value during the next two successive years, may not be changed by the board of tax assessors during such two years for the sole purpose of changing the valuation established or decision rendered in an appeal to the board of equalization or superior court. In such cases, before changing such value or decision, the board of assessors shall first conduct an investigation into factors 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 determine 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 applicable to all taxable years beginning on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Royal of the 164th moved that the House adopt the report of the Committee of Conference on HB 1196.
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
Bostick Y Breedlove

Y Brooks, D Y Brooks, T Y Brown Y Buck
Y Buckner
Bunn
Y Burkhalter Y Byrd Y Campbell
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 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 Y Epps
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
Hart Y Heard Y Hegstrom Y Hembree Y Henson

2144

JOURNAL OF THE HOUSE,

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
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 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
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

On the motion, the ayes were 152, nays 0. The motion prevailed.

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

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

Mr. Speaker:
The Senate has disagreed to the House substitute to the following Resolution of the Senate:

SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th, Ragan of the llth and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has contracted; to provide for the submission of this amendment for ratification or rejection.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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 following Senate amendment was read:

Amend HB 1557 by striking from lines 1 and 2 of page 2 the following: "two-year period beginning July 1, 1994, and ending June 30, 1996". and inserting in lieu thereof the following:

WEDNESDAY, MARCH 9, 1994

2145

"period beginning September 1, 1994, and ending June 15, 1996,".

Representative Ashe of the 46th moved that the House agree to the Senate amendment to HB 1557.
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 Y Brooks, T Y Brown Y Buck
Y Buckner Bunn
Y Burkhalter
YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Y Connell YCox Y Crawford
Y Crews Y Culbreth Y Cummings 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 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
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
Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

On the motion, the ayes were 153, nays 0. The motion prevailed.

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
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 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 Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R
Yates Y Yeargin
Murphy, Spkr

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 "textbook" to include systematically designed material in any medium within that definition.

The following Senate amendment was read:

Amend HB 1702 by striking from line 20 of page 1 the word "principle" and inserting in lieu thereof the word "principal".

Representative Godbee of the 145th moved that the House agree to the Senate amendment to HB 1702.
On the motion, the roll call was ordered and the vote was as follows:

2146

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

Y Colwell
Y Connell 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
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 Y Harris, M
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
Jones
Y Joyce Kaye
Y Kinnamon Y Klein
YLadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence
Lawson Y Lee Y Lewis YLord
Lucas Y Maddox Y Mann Y 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
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 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 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 155, nays 0. The motion prevailed.

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 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.

The following Senate substitute was read:

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 plans or 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 Section 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:

WEDNESDAY, MARCH 9, 1994

2147

"(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, relating 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;
(4) The equity of each policyholder in the insurer is determinable under a fair formula 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 assetSj less expenses of the conversion;
(5) The policyholdcr policyholders entitled to participate in the purchase of stock or distributing of assets shall include all current policyholders and aU existing persons wrio tiftCr occn policy-holders OT trie IHSUPCP wiiriin tiircc ycftrs prior to tftc dQtc me pte 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 planj as elected bj[ the insurer and voted upon b^ the members, gives to each policyholder of the insurer as specified in paragraph (5) of this subsection a one of the following:
(A) (i) 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, t
?} (ii) Shares are so offered to policyholders at a price not greater than that to be thereafter offered to others bat at net mere than double the pa* value ef
{8} (iii) 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; ad (B) Payment in cash to each policyholder of 100 percent of his or her equity in the insurer, as determined in paragraph (4) of this subsection; or (C) (i) A preemptive right to acquire a percentage of 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 that same percentage amount of his or her equity in the insurer as determined in paragraph (4) of this subsection.
(ii) Shares are so offered to policyholders at a price not greater than that to be thereafter offered to others.
(iii) 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

2148

JOURNAL OF THE HOUSE,

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} (7) The plan when 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. (c) The corporate existence of a mutual insurer converting to a stock insurer pursuant 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 continue 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 procedure is insolvent or does not meet the minimum statutory surplus requirements, provided 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 requirements, does not warrant any such notice, approval, or distribution under the circumstances, 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 converted insurer or of a corporation which will own 100 percent of the converted insurer."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Culbreth of the 132nd moved that the House agree to the Senate substitute to HB 1623.
On the motion, 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 Beneiield Y Birdsong
Bordeaux Bostick Y Breedlove Y Brooks, U 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 Chambless Y Chandler Y Channell Y Childers

Y Clark Y Coker Y Coleman, B
Coleman, T Y Colwell Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson Y 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
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
Irvin Y James Y Jamieson Y Jenkins

WEDNESDAY, MARCH 9, 1994

2149

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
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 NPoag 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

On the motion, the ayes were 153, nays 1. The motion prevailed.

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 Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

HB 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 Senate amendment was read:

Amend HB 1541 by adding at end of line 24 page 18 after (llamas) ", elks and red deer".

Representative Cox of the 160th moved that the House agree to the Senate amendment to HB 1541.
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 Y Barnes Y Bates Y Benefield
Y Birdsong Bordeaux
Bostick Breedlove N Brooks, D Brooks, T Brown YBuck Y Buckner N Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle
Y Carrell

Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers N Clark N 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

Evans N 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 N Harris, M
Hart Y Heard
Hegstrom N Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson N Hughes Y Hugley
Irvin
Y James

Y Jamieson Y Jenkins
N Johnson, D.H N Johnson, E N Johnson, G
Johnson, J N Johnston
Jones N Joyce NKaye Y Kinnamon N Klein YLadd N Lakly Y Lane, D
N Lane, R N Lawrence
Lawson YLee N Lewis YLord
Lucas
Maddox NMann
Y Martin Y McBee

Y McClinton McKinney
Y 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
Patten Y Pelote Y Perry N Pinholster N Poag Y Polak Y Porter
Poston N Powell Y Purcell, A Y Purcell, B

2150

JOURNAL OF THE HOUSE,

Y Randall N 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 N Smith, L Y Smith, P
Smith, T N Smith, V N Smith, W

Srayre Y Snow Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephenson Y Streat Y Taylor Y Teague

On the motion, the ayes were 107, nays 46. The motion prevailed.

Y Teper Y Thomas Y Tillman Y Titus N Towery Y Trense Y Turnquest
Twiggs N Vaughan Y Walker

Wall Y Watson Y Watts N Westmorland
White Y Williams, B N Williams, R N Yates Y Yeargin
Murphy, Spkr

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 Annotated, relating to ad valorem taxation of property, so as to change the contents of required notices of changes in taxpayer returns; to change certain provisions regarding interest on certain taxpayer refunds; to provide for waivers and exemptions.

The following Senate substitute was read:

A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals of ad valorem tax assessments, so as to provide for temporary 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:
(,inj ^i) ii trie t&x digest lor tn county tor tnc yettr m Question is prcpflpcci &HQ 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 s specify to the county tax commissioner the higher of the undisputed amount ef trie vfiiuQtion OT 9ucn property or trie previous yCflr Q v9.1ustion of sucn propetty m compiling the tax digcat, and ta* biHs witt 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 a temporary tax bill to be issued, baaed en seh value Such tax bill shall be accompanied by a notice to the taxpayer that the bill is a temporary tax bill pending the outcome of the appeal process. Such notice shall also indicate 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 fefe 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 Section 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

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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 due 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 taxpayer shall be exempt each taxable year from any such interest owed under this subdivision with respect to such taxpayer's homestead property."
Section 2. Said Code section is further amended by striking subparagraph (f)(4)(B) and inserting in its place a new subparagraph (f)(4)(B) to read as follows:
"(B) The county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county. If the final determination of value on appeal is less than the valuation set by the county board of equalization, the taxpayer shall receive a deduction in his 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 Section 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. 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 dtrte the taxes would have been dtie absent the appeal November 15 of the taxable year in question or the date the final installment of 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 taxpayer shall be exempt each taxable year from any such interest owed under this subparagraph with respect to such taxpayer's homestead property."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Ladd of the 59th moved that the House agree to the Senate substitute to HB 1207.
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
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
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 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 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
Johnson, J Y Johnston
Jones Y Joyce
YKaye Y Kinnamon
Y Klein Y Ladd Y Lakly
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 Y Poag Y Polak
Y Porter Poston
Y Powell Y Purcell, A Y Purcell, B

2152

JOURNAL OF THE HOUSE,

Y Randall Y Randolph Y Ray Y 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
Stephenson Y Streat Y Taylor Y Teague

On the motion, the ayes were 156, nays 0. The motion prevailed.

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

The following Resolution of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th, Ragan of the llth and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has contracted; to provide for the submission of this amendment for ratification or rejection.

Representative Walker of the 141st moved that the House insist on its position in substituting SR 203.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

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 employment of public school system personnel, so as to provide for limitations upon decreases in certain local salary supplements.

The following Senate amendments were read:

SENATE AMENDMENT NO. 1

Amend HB 1177 by striking from lines 20 through 22 on page 3 the following: "at least once in the week immediately preceding the week in which such hearing is to be held.'", and inserting in lieu thereof the following: "one time at least seven days prior to the date such hearing is to be held.'". By striking from lines 4 and 5 of page 4 the following:

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2153

"at least once in the week immediately preceding the week in which such hearing is to be held.'",
and inserting in lieu thereof the following:
"one time at least seven days prior to the date such hearing is to be held.'".

SENATE AMENDMENT NO. 2

Amend HB 1177 by adding on page 1, line 5, after the word, "supplements", the following:
"; to amend Code Section 20-2-55, relating to per diem and expenses of members of local boards of education, so as to change the per diem of members of boards of education of certain independent school systems."
Renumber Section 3 to Section 4 on page 4, line 6.
Add a new Section 3 on page 4, after line 5, to read as follows:
"Section 3. Code Section 20-2-55, relating to per diem and expenses of members of local boards, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:
'(a) In any local school system for which no local Act is passed, members of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith; provided, however, that in any independent school system with a full-time equivalent (FTE) program count of less that 4,000 students for which no local Act is passed, members of the local board of education may, when approved by the affected local board, receive a per diem of not less than $50.00 and not more than $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board, plus reimbursement for actual expenses. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all school districts the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes.'"

Representative Johnson of the 84th moved that the House agree to the Senate amendments to HB 1177.
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
Bostick Y Breedlove Y Brooks, D 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 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
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 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
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 Jones
Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence

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JOURNAL OF THE HOUSE,

Lawson YLee Y Lewis YLord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Y Milam
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
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
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 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 motion, the ayes were 156, nays 0. The motion prevailed.

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 Annotated, 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 Senate substitute was read:

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 subsection (b) and inserting in its place a new paragraph (2) to read as follows:
"(2) (A) Within the first year after his 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 procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this paragraph subparagraph shall render tost 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.
(B) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January lj 1995, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (B) of this paragraph. Any person appointed to such board shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization 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."

WEDNESDAY, MARCH 9, 1994

2155

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 following amendment was read and adopted:

Representative Felton of the 43rd moves to amend the Senate substitute to HB 1506 as follows:
By striking on page 2, line 4, the following: "(B)"

and inserting in lieu thereof: "(A)".

Representative Felton of the 43rd moved that the House agree to the Senate substitute, as amended by the House, to HB 1506.
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
Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown YBuck Y Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle
Carrell Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Clark Y Coker Y Coleraan, 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
Goodwin
Y Greene Y Groover
Y Hammond Manner 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 Ylrvin Y James Y 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
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
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 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
Reaves Y Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
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
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 motion, the ayes were 152, nays 0. The motion prevailed.

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

2156

JOURNAL OF THE HOUSE,

HR 1148. By Representatives Buckner of the 95th, Lee of the 94th, Benefield of the 96th, Watts of the 26th and Byrd of the 170th:
A resolution urging local governments to enact legislative and regulatory measures relating to nude dancing establishments.

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

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, telecommunications 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.

The following amendment was read and adopted:

The Committee on State Institutions and Property moves to amend SR 467 by adding in the title on line 4 of page 1 between the words "lines" and "in" the following:
"and for changing train crews on certain rail lines".
By striking in its entirety Article IV beginning on line 7 of page 12 and continuing through line 8 of page 15 and inserting in lieu thereof a new Article IV to read as follows:
"ARTICLE IV Section 38. That the State of Georgia is the owner of the hereinafter described real property in Bibb County, hereinafter referred to as the 'easement area,' and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. Section 39. That the State of Georgia, acting by and through its State Properties Commission, may grant to Norfolk Southern Railroad, its successors and assigns, a nonexclusive easement for ingress and egress across real property of the state in Square 16 - Old City and Courthouse Square in Macon, Bibb County, Georgia, on real property planned to be the site of the Music Hall of Fame. Section 40. That the easement shall be used solely for the purpose of changing train crews on adjacent rail lines and shall be used solely on each occasion to drive a single passenger car or small van to a parking area designated by the State Properties Commission and for pedestrian travel by the crews between the parking area and adjacent lines. The location of the driveway path for the vehicles, the pedestrian path, and parking space shall be designated or redesignated from time to time by the State Properties Commission. Section 41. That no title shall be conveyed to Norfolk Southern Railroad, and, except as herein specifically granted to Norfolk Southern Railroad, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Norfolk Southern Railroad. Section 42. That the easement granted to Norfolk Southern Railroad shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia. Section 43. That the consideration for such easement shall be the fair market value but not less than $650.00, or an in-kind equivalent, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest

WEDNESDAY, MARCH 9, 1994

2157

of the State of Georgia and shall include the release by Norfolk Southern Railroad of all other rights, title, or interest in or respecting the Music Hall of Fame site.
Section 44. That this grant of easement shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
Section 45. That the authorization in this resolution to grant the above-described easement to Norfolk Southern Railroad shall expire three years after the date that this resolution becomes effective.
Section 46. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area."
By adding between lines 8 and 9 on page 15 the following:
"Section 47. Reserved. Section 48. Reserved. Section 49. Reserved."

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong 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
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 Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Goodwin Y Greene
Y Groover 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
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
Lane, D Y Lane, R Y Lawrence
Lawson
Y Lee Y Lewis
YLord Lucas
Y Maddox
Y Mann Y Martin
McBee McClinton McKinney Y Milam 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 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 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 Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

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

2158

JOURNAL OF THE HOUSE,

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 paternity.

The following Committee substitute was read:

A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to 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 paternity; to provide that hospitals shall assist in the acknowledgment of paternity process; to provide for establishment of paternity in an administrative proceeding; to provide for default judgments in paternity cases; to provide for time limits for objections to paternity test results; to provide that the courts of this state shall give full faith and credit to the determination of paternity by any other state; to remove certain exceptions to the applicability of income deductions; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to grant certain powers and authority to hearing officers conducting administrative hearings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking paragraph (1) of subsection (c) of Code Section 19-6-33, relating to notice and service of income deduction orders, in its entirety and inserting in lieu thereof the following:
"(1) The When the court orders the income deduction to be effective upon a delinquency in an amount equal to one month's support, the obligor, within W days after having a income deduction efder entered er within 15 days after service of a notice of delinquency, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of arrearage of support, or the identity of the obligor. The obligor shall send a copy of the pleading to the obligee and, if the obligee is receiving IV-D services, to the IV-D agency. The timely filing of the pleading shall stay the service of an income deduction order on all payers of the obligor until a hearing is held and a determination is made as to whether the enforcement of the income deduction is proper. The payment of delinquent support by an obligor upon entry of an income deduction order shall not preclude service of the income deduction on the obligor's payor."
Section 2. Said title is further amended by adding a new Code Section 19-7-27 to read as follows:
"19-7-27. Upon the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides prenatal services shall:
(1) Provide the child's mother and alleged father if he is present at the hospital the opportunity to acknowledge paternity consistent with the requirements of Code Section 19-7-46.1.
(2) Provide to the mother and alleged father: (A) Written materials about paternity establishment; (B) The forms necessary to voluntarily acknowledge paternity; (C) A written description of the rights and responsibilities of acknowledging
paternity; and

WEDNESDAY, MARCH 9, 1994

2159

(D) The opportunity, prior to discharge from the hospital, to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about paternity establishment."
Section 3. Said title is further amended by striking Code Section 19-7-40, relating to jurisdiction of the courts to determine paternity, in its entirety and inserting in lieu thereof the following:
"19-7-40. (a) The superior and state courts of the several counties shall have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law.
(b) Whenever the Department of Human Resources seeks to establish paternity for the benefit of a child for whom public assistance is being received or a child who is not the recipient of public assistance whose custodian has applied for services for the child, the putative father may voluntarily waive in writing his right to a trial by jury in the superior court and consent to the administrative determination of paternity pursuant to Chapter 13 of Title 50; provided, however, that jf the putative father demands a trial by jury in the superior court, it shall be the duty of the judge to cause an issue to be made and tried by jury at the first session of the next term of court succeeding the putative father's demand for trial by jury or before the judge without a jury during the same term in the event that the putative father having made a demand for trial by jury thereafter withdraws said demand. The administrative determination shall have the same force and effect as a judicial decree."
Section 4. Said title is further amended by striking subsection (a) of Code Section 19-7-46, relating to admission of evidence at trial to determine paternity, in its entirety and inserting in lieu thereof the following:
"(a) The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent's parentage, if available, unless a party to the paternity blood test objects in writing at least 30 days prior to a hearing at which the results of the testing may be introduced into evidence, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, the results of medical tests and comparisons ordered by the court including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person."
Section 5. Said title is further amended by striking Code Section 19-7-47, relating to actions for paternity determinations, in its entirety and inserting in lieu thereof the following:
"19-7-47. (a) Any proceeding brought under this article is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to appear and testify.
(b) If in any paternity action an answer has not been filed within the time required by Chapter 11 of Title 9^ the case shall automatically become in default unless the time for filing the answer has been extended as provided by law. The default may be opened as a matter of right by the filing of such defenses within 15 days of the day of default, upon the payment of costs. If the case is still in default after the expiration of the period of lj> days, the plaintiff at any time thereafter shall be entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the complaint or other original pleading were supported by proper evidence."
Section 6. Said title is further amended by striking Code Section 19-11-14, relating to liability of a father for support of a child born out of wedlock, in its entirety and inserting in lieu thereof the following:
"19-11-14. (a) Whenever a man has been adjudicated by a court of competent jurisdiction or an administrative tribunal as the father of a child born out of wedlock or

2160

JOURNAL OF THE HOUSE,

whenever he has acknowledged paternity under oath in an administrative hearing, in court, or by verified writing, he shall be legally liable for the support of the child in the same manner as he would owe the duty of support if the child were his child born in wedlock. The right of the child born out of wedlock to receive such support is enforceable in a civil action, notwithstanding any other provision of law.
(b) The courts of this state shall give full faith and credit to a determination of paternity made by another state whether established through voluntary acknowledgment or through administrative or judicial processes."
Section 6.5. Said title is further amended by striking subsection (c) of Code Section 19-6-30, relating to when child support obligations are subject to income deduction, in its entirety and inserting in lieu thereof the following:
"(c) All Title IV-D (child support recovery) cases involving orders of support of a child or spouse entered or modified prior to July 1, 1989, or thereafter shall be subject to income deduction as defined in Code Sections 19-6-31, 19-6-32, and 19-6-33. Except && provided tR i~<odc section l_u~o iLj^ relating to tnc inclusion or provision lor accident and sicKncss insurance coverage m support orders, mi otncr orders arc expressly excluded frem the application ef these provisions."
Section 7. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," is amended by striking subsection (b) of Code Section 50-13-13, relating to an opportunity for a hearing in contested cases, in its entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In proceedings before the agency, the hearing officer, or any representative of the agency authorized to hold a hearing, if any party or an agent or employee of a party disobeys or resists any lawful order of process; or neglects to produce, after having been ordered to do Oj any pertinent book, paper, or document; or refuses to appear after having been subpoenaed; or, upon appearing, refuses to take the oath or affirmation as a witness; or after taking the oath or affirmation, refuses to testify, the agency, hearing officer, or other representative shall have the same rights and powers given the court under Chapter U. of Title 9j the 'Georgia Civil Practice Act.' If any person or party refuses as specified in this subsection, the agency, hearing officer, or other representative may certify the facts to the superior court of the county where the offense is committed for appropriate action, including a finding of contempt. The agency, hearing officer, or other representative shall have the power to issue writs of fieri facias in order to collect fines imposed for violation of a lawful order of the agency, hearing officer, or other representative.
{b} (c) Except in cases in which a hearing has been demanded under Code Section 50-13-12, subsection (a) of this Code section and the other provisions of this chapter concerning contested cases shall not apply to any case arising in the administration of the revenue laws, which case is subject to a subsequent de novo trial of the law and the facts in the superior court."
Section 8. This Act shall become effective on April 1, 1994.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Klein of the 39th moves to amend the Committee substitute to SB 555 as follows:
P. 6, 1. 1 after the word "(b)" and before the word "courts", delete the word "The" and insert:
"For the purposes of Chapter 11 of Title 19 only, the...".

Representative Cox of the 160th moves to amend the Committee substitute to SB 555 as follows:

WEDNESDAY, MARCH 9, 1994

2161

Page 2, line 25 change "prenatal" to "perinatal".

The following amendment was read:

Representatives Randall of the 127th, Campbell of the 42nd and Canty of the 52nd move to amend the Committee substitute to SB 555 by adding the following as Sections 8- 18:

Section 8. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Code Section 19-6-15, relating to domestic relations, is amended by striking Code Section 19-6-15, relating to child support, computation 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 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 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 personally 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 percentages 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

2162

JOURNAL OF THE HOUSE,

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 per annum); (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 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 Judiciary Committee and Senate Special Judiciary Committee during the 1991 regular session 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 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 temporary protective order, 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

WEDNESDAY, MARCH 9, 1994

2163

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 individual 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 payments; (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. (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 parent 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 status
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) 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,
(g) The following schedules, plus or minus 5 percent, shall be applied to the combined net income to determine the minimum child support need:
Combined Monthly

2164
Available Income
$ 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 3,150 3,200

JOURNAL OF THE HOUSE,

Child or Children

One

Two

Three

48

48

93

94

138

139

154

185

166

230

177

274

188

292

199

309

210

327

221

344

231

359

241

375

251

390

261

406

271

421

281

437

291

452

301

468

311

483

321

499

332

516

342

532

353

548

363

564

374

580

384

596

395

612

405

629

416

645

426

661

437

677

447

693

457

709

467

724

476

739

485

754

495

768

504

783

514

798

523

813

532

828

542

843

551

857

561

872

570

887

579

902

589

917

598

931

607

945

616

958

624

972

633

985

642

999

651

1,012

659

1,026

49 95 141 187 233 279 325 371 409 430 450 469 489 508 528 547 566 586 605 625 645 666 686 706 726 746 767 787 807 827 847 868 887 906 924 943 961 980 999 1,017 1,036 1,054 1,073 1,091 1,110 1,128 1,147 1,159 1,176 1,193 1,209 1,226 1,243 1,260 1,276

Four
49 96 142 189 235 282 328 375 421 468 507 529 551 573 595 617 638 660 682 705 728 751 773 796 819 842 865 887 910 933 956 979 1,000 1,021 1,042 1,063 1,084 1,105 1,126 1,146 1,167 1,188 1,209 1,230 1,251 1,272 1,292 1,313 1,332 1,351 1,370 1,389 1,408 1,427 1,446

Five
50 97 144 191 238 285 332 379 426 473 520 567 600 624 648 671 695 719 742 767 792 817 842 867 892 917 942 967 992 1,017 1,042 1,067 1,091 1,114 1,136 1,159 1,182 1,205 1,228 1,251 1,274 1,296 1,319 1,342 1,365 1,388 1,411 1,433 1,453 1,474 1,495 1,515 1,536 1,557 1,578

Six
50 98 145 193 240 288 335 383 430 478 525 573 620 668 693 718 744 769 794 821 847 874 901 927 954 980 1,007 1,034 1,060 1,087 1,113 1,140 1,166 1,191 1,215 1,240 1,264 1,288 1,313 1,337 1,362 1,386 1,411 1,435 1,460 1,484 1,509 1,532 1,554 1,576 1,598 1,621 1,643 1,665 1,687

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
6,000
6,050

WEDNESDAY, MARCH 9, 1994

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

985

1,531

989

1,537

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
1,919
1,927

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
2,158
2,167

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
2,356
2,365

2165
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 2,519
2,529

2166

JOURNAL OF THE HOUSE,

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

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

1,543 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

1,934 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

2,178 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

2,374 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

2,539 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.
(h) 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.
(i) 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.

WEDNESDAY, MARCH 9, 1994

2167

(j) 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.
(k) 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 considerations:
(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 necessary expense or debt which the parties jointly incurred during the marriage. (1) 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. (m) 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 computed in accordance with this Code section. The respondent shall include his or her affidavit with the answer to the petition.
(n) 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.
(o) The General Assembly shall review the guidelines established in this Code section at least every four years, beginning in 1998.
(p) 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.
(q) 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."

2168

JOURNAL OF THE HOUSE,

Section 9. 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 maintenance, 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 otherwise 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 10. Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 19-6-33, relating to notice and service of income deduction orders, in its entirety and inserting in lieu thereof the following:
"(1) The When the court orders the income deduction to be effective upon a delinquency in an amount equal to one month's support, the obligor, within W days after having a income deduction erdef entered er within 15 days after service of a notice of delinquency, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of arrearage of support, or the identity of the obligor. The obligor shall send a copy of the pleading to the obligee and, if the obligee is receiving IV-D services, to the IV-D agency. The timely filing of the pleading shall stay the service of an income deduction order on all payors of the obligor until a hearing is held and a determination is made as to whether the enforcement of the income deduction is proper. The payment of delinquent support by an obligor upon entry of an income deduction order shall not preclude service of the income deduction on the obligor's payor."
Section 11. Said title is further amended by adding a new Code Section 19-7-27 to read as follows:
"19-7-27. Upon the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides prenatal services shall:
(1) Provide the child's mother and alleged father if he is present at the hospital the opportunity to acknowledge paternity consistent with the requirements of Code Section 19-7-46.1.
(2) Provide to the mother and alleged father: (A) Written materials about paternity establishment; (B) The forms necessary to voluntarily acknowledge paternity; (C) A written description of the rights and responsibilities of acknowledging
paternity; and (D) The opportunity, prior to discharge from the hospital, to speak with staff,
either by telephone or in person, who are trained to clarify information and answer questions about paternity establishment."
Section 12. Said title is further amended by striking Code Section 19-7-40, relating to jurisdiction of the courts to determine paternity, in its entirety and inserting in lieu thereof the following:
"19-7-40. (a) The superior and state courts of the several counties shall have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law.
(b) Whenever the Department of Human Resources seeks to establish paternity for the benefit of a child for whom public assistance is being received or a child who is not the recipient of public assistance whose custodian has applied for services for the child, the putative father may voluntarily waive in writing his right to a trial by jury in the superior court and consent to the administrative determination of paternity pursuant to Chapter 13 of Title 50; provided, however, that if the putative father demands a trial by jury in the superior court, it shall be the duty of the judge to cause an issue to be made and tried by jury at the first session of the next term of court succeeding the

WEDNESDAY, MARCH 9, 1994

2169

putative father's demand for trial by jury or before the judge without a jury during the same term in the event that the putative father having made a demand for trial by jury thereafter withdraws said demand. The administrative determination shall have the same force and effect as a judicial decree."
Section 6. Said title is further amended by striking subsection (a) of Code Section 19-7-46, relating to admission of evidence at trial to determine paternity, in its entirety and inserting in lieu thereof the following:
"(a) The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent's parentage, if available, unless a party to the paternity blood test objects in writing at least 30 days prior to a hearing at which the results of the testing may be introduced into evidence, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, the results of medical tests and comparisons ordered by the court including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person."
Section 13. Said title is further amended by striking Code Section 19-7-47, relating to actions for paternity determinations, in its entirety and inserting in lieu thereof the following:
"19-7-47. (a) Any proceeding brought under this article is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to appear and testify.
(b) If in any paternity action an answer has not been filed within the time required by Chapter 11 of Title 9j the case shall automatically become in default unless the time for filing the answer has been extended as provided by law. The default may be opened as a matter of right by the filing of such defenses within 15 days of the day of default, upon the payment of costs. If the case is still in default after the expiration of the period of 15 days, the plaintiff at any time thereafter shall be entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the complaint or other original pleading were supported by proper evidence."
Section 14. Said title is further amended by striking Code Section 19-11-14, relating to liability of a father for support of a child born out of wedlock, in its entirety and inserting in lieu thereof the following:
"19-11-14. (a) Whenever a man has been adjudicated by a court of competent jurisdiction or an administrative tribunal as the father of a child born out of wedlock or whenever he has acknowledged paternity under oath in an administrative hearing, in court, or by verified writing, he shall be legally liable for the support of the child in the same manner as he would owe the duty of support if the child were his child born in wedlock. The right of the child born out of wedlock to receive such support is enforceable in a civil action, notwithstanding any other provision of law.
(b) The courts of this state shall give full faith and credit to a determination of paternity made by another state whether established through voluntary acknowledgment or through administrative or judicial processes."
Section 15. Said title is further amended by striking subsection (c) of Code Section 19-6-30, relating to when child support obligations are subject to income deduction, in its entirety and inserting in lieu thereof the following:
"(c) All Title IV-D (child support recovery) cases involving orders of support of a child or spouse entered or modified prior to July 1, 1989, or thereafter shall be subject to income deduction as defined in Code Sections 19-6-31, 19-6-32, and 19-6-33. Except

excluded from the application ef these provisions."

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Section 16. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," is amended by striking subsection (b) of Code Section 50-13-13, relating to an opportunity for a hearing in contested cases, in its entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In proceedings before the agency, the hearing officer, or any representative of the agency authorized to hold a hearing, if any party or an agent or employee of a party disobeys or resists any lawful order of process; or neglects to produce, after having been ordered to do sOj any pertinent book, paper, or document; or refuses to appear after having been subpoenaed; or, upon appearing, refuses to take the oath or affirmation as a witness; or after taking the oath or affirmation, refuses to testify, the agency, hearing officer, or other representative shall have the same rights and powers given the court under Chapter U of Title 9j the 'Georgia Civil Practice Act.' If any person or party refuses as specified in this subsection, the agency, hearing officer, or other representative may certify the facts to the superior court of the county where the offense is committed for appropriate action, including a finding of contempt. The agency, hearing officer, or other representative shall have the power to issue writs of fieri facias in order to collect fines imposed for violation of a lawful order of the agency, hearing officer, or other representative.
(b) (c) Except in cases in which a hearing has been demanded under Code Section 50-13-12, subsection (a) of this Code section and the other provisions of this chapter concerning contested cases shall not apply to any case arising in the administration of the revenue laws, which case is subject to a subsequent de novo trial of the law and the facts in the superior court."
Section 16. 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 17. This Act shall become effective on April 1, 1994.
Section 18. 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:

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

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

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

YLee Y Lewis YLord
Lucas Maddox YMann N Martin
N McBee N McClinton
McKinney Y Milam
Mills N Mobley, B N Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal N Orrock
N Padgett E Parham Y Parrish
Patten
Y Pelote N Perry
Pinholster NPoag N Polak N Porter
N Poston Y Powell

N Purcell, A Y Purcell, B Y Randall N Randolph
YRay N Reaves N Reichert
Y Roberts N Royal
N Scoggins Y Shanahan N Sherrill
N Shipp N Simpson N Sinkfield N Skipper
Smith, C N Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W N Smyre N Snow Y Stancil, F Y Stancil, S
N Stanley, L N Stanley, P
N Stephenson Y Streat N Taylor Y Teague

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2171

N Teper N Thomas Y Tillman N Titus

N Towery N Trense N Turnquest N Twiggs

N Vaughan Y Walker Y Wall Y Watson

Y Watts Y Westmorland N White N Williams, B

Y Williams, R Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 73, nays 88. The amendment was lost.

The following amendment was read:

Representative Cauthorn of the 35th moves to amend the Committee substitute to SB 555 by striking line 1 of page 1 and inserting in its place the following:
"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 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 serious injury; to provide a definition; to amend Title 19 of the Official Code of Georgia".
By inserting on line 14 of page 1 between the word and symbol "deductions;" and the word "to" the following:
"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 in no case later than 30 days after the filing of the petition; 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;"
By inserting between lines 21 and 22 of page 1 the following:
"Section .5. Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, 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, procedure, 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 convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection.

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(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
concentration 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 recognizancer; 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 conditions of pretrial release or probation or parole which arose out of a violation of Code Section 16-5-90 or 16-5-91, the judge of a court of inquiry may impose such restrictions on the defendant which may be necessary to deter further stalking of the victim, including but not limited to denying bail or pretrial release. (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 writing 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 subsection 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 superior court requesting that h 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 petition.
(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;

WEDNESDAY, MARCH 9, 1994

2173

(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 bailsr Stteh achcdulo ef- bails shall require increased bail if the offcnac involved an act ef family violence, as 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 custody 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 participation 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 in Code Section 10-13 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 intimidation of the victim is such as to make it desirable that the consideration of the imposition 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 be deemed deem necessary, te prevent further sets ef violence, harassment, er intimidation ef- wit-
fifty Kind or ciisrQctcr witii tn.6 victim OF &iiy HI&I&DCF of ttic victim s iflmriy or household, the immediate enrollment in and participation i domestic violence counseling, substance abuse therapy, ef 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 murder, 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 delegating such authority shall be valid for a period of one year, but may be revoked by the superior court judge issuing such order at any time prior to the end of that 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.'"

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By inserting between lines 20 and 21 of page 6 the following:
"Section 7. 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 te 30 days, the petition shall stand dismissed unless the parties otherwise agree.' Section 8. 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.'"
By redesignating Sections 7, 8, and 9 as Sections 9, 10, and 11.

The following amendment was read and adopted:

Representative Crawford of the 129th moves to amend the Cauthorn amendment to SB 555 as follows:
Add after "cases." on line 21 p. 9 the following:
"In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period the same shall be scheduled and heard within any other county of that circuit.

The Cauthorn amendment, as amended, was adopted.

The Committee substitute, as amended, was adopted.

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

Y Ashe
Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
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 Channel! Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T
Y Colwell Y Connell Y Cox Y Crawford

Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson Y Dix
Dixon, H Y Dixon, S Y Dobbs Y 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
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
Lane, D Y Lane, R Y Lawrence
Lawson
Y Lee Y Lewis Y Lord
Lucas

WEDNESDAY, MARCH 9, 1994

2175

Maddox
YMann Y Martin
Y McBee Y McClinton
McKinney Y Milam
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
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 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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

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 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.

The following Senate amendment was read:

Amend HB 1398 by striking line 4 of page 1 and inserting in lieu thereof the following:
"the Attorney General, the Justices of the Supreme Court, and the Judges of the Court of.
By striking lines 10 and 11 of page 1 and inserting in lieu thereof the following:
"(5), (18), and (19) of subsection (a) and inserting in their respective places new paragraphs (5), (18), and (19) to read as follows:
'(5) Attorney General........................................................................60,316.00 90,000.00'".

The following amendment was read and adopted:

Representatives Groover of the 125th and Lee of the 94th move to amend the Senate amendment to HB 1398 as follows:
By adding on line 12 after the word "General" and before "..":
", effective January 1, 1995".

Representative Cauthorn of the 35th moved that the House agree to the Senate amendment, as amended by the House, to HB 1398.
On the motion, the roll call was ordered and the vote was as follows:

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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 Y Brooks, T Brown YBuck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell Y Canty
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
Dix 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
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 Y Kaye Y Kinnamon Y Klein
YLadd Y Laklv
Lane, D Y Lane, R Y Lawrence
Lawson YLee Y Lewis
YLord Lucas Maddox
YMann Y Martin
Y McBee Y McClinton
McKinney Y Milam
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 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

On the motion, the ayes were 154, nays 0. The motion prevailed.

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 Tiirnquest Y Twiggs Y Vaughan
Y Walker Y Wall
Y Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 570 Do Pass, by Substitute SB 593 Do Pass SB 595 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 Senate and has instructed me to report the same back to the House with the following recommendations:

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2177

SB 642 Do Pass, by Substitute SB 704 Do Pass, as Amended

Respectfully submitted, /s/ Childers of the 13th
Chairman

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

Mr. Speaker:

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

SB 31 Do Pass, by Substitute SB 116 Do Pass, by Substitute SB 418 Do Pass, by Substitute

SB 438 Do Pass SB 630 Do Pass, by Substitute SB 657 Do Pass, by Substitute

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Pursuant to SR 600, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 14, 1994.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, March 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
Bannister Bargeron Barnes Bates Benefield
Birdsong Bordeaux Bostick Breedlove
Brooks, D Brooks, T Brown Buck Buckner
Bunn
Byrd
Campbell Carlisle Carrell Carter Chambless Chandler Channell Childers Clark Coker
Coleman, B
Colwell

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

Holland
Howard
Hudson
Hughes Hugley Irvin Jenkins
Johnson, D.H Johnson, E Johnson, G Johnson,J Joyce Kaye Kinnamon Klein Ladd Lakly Lane, D Lane, R
Lee Lewis Lord Maddox Mann Martin
McBee McClinton McKinney
Milam Mills

Mobley, B Mobley, J Moore Mosley Mueller O'Neal Padgett
Patten Pelote
Perry Pinholster Poag Polak
Porter
Poston Purcell, B Randolph
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, P Stephenson Streat Taylor
Teague Teper Titus Towery
Trense
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 Parrish of the 144th, Lawson of the 20th, Jamieson of the 22nd, Tillman of the 173rd, Burkhalter of the 41st, Jones of the 71st, Powell of the 23rd, Lucas of the 124th, Goodwin of the 79th, Lawrence of the 64th, Thomas of the 100th, Orrock of the 56th, James of the 140th, Henson of the 65th, Turnquest of the 73rd, Smith of the 169th, Hanner of the 159th, Baker of the 70th, Bailey of the 93rd, Canty of the 52nd, Cauthorn of the 35th, Simpson of the 101st and Ray of the 128th.
They wish to be recorded as present.

Prayer was offered by the Reverend Adei-Mai Morningstar Grenpastures-Doty, Disciples of Christ Christian 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.

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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 Bill of the House was introduced, read the first time and referred to the committee:

HB 2055. By Representative Hembree of the 98th:
A bill to provide additional funds for the Georgia Crime Victims Emergency Fund and to remove the limitation on the size of awards to victims of crime from such fund; to amend Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 40-6-391, so as to increase the amount of the additional penalty; to amend Code Section 17-15-8 of the Official Code of Georgia Annotated, relating to required findings, so as to remove the limitation on awards from the Georgia Crime Victims Emergency Fund.
Referred to the Committee on Judiciary.

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

HR 1176. By Representatives White of the 161st, Godbee of the 145th, Yeargin of the 90th, Hanner of the 159th, Smith of the 175th and others:
A resolution expressing strong opposition to any attempt to transfer the authority over and administration of postsecondary technical schools from the State Board of Technical and Adult Education to the Board of Regents of the University System of Georgia.
Referred to the Committee on University System of Georgia.

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

HB 2049 HB 2050 HB 2051 HB 2053 HR 1108 HR 1109

SB 727 SB 730 SB 731 SB 732 SB 733

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

Mr. Speaker:

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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 1092 Do Pass HR 1127 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

Mr. Speaker:

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

HB 2020 Do Pass HB 2048 Do Pass HB 2052 Do Pass HB 2054 Do Pass SB 588 Do Pass SB 616 Do Pass, by Substitute

SB 634 Do Pass SB 635 Do Pass SB 636 Do Pass SB 640 Do Pass, as Amended SB 721 Do Pass SB 726 Do Pass

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

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, MARCH 14, 1994
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:
HR 711 Hlth care benefit plans; recommend prescription drug coverage HR 825 National health care reform plans; urge full disclosure HR 1063 House Study Comm on combining Columbus Tech & College; create HR 1093 James E. "Billy" McKinney Bridge; designate
SB 31 Cobb Judicial Circuit; add judge SB 47 Motor vehicle insurance; glass replacement or repair SB 395 Schools; chronic disciplinary problem student; provisions SB 418 DUI; count prior convictions when imposing penalties SB 436 Schools; comprehensive evaluation; exemption SB 438 Jury lists; change method of compiling SB 449 Jails; certain inmates; good-time allowances SB 451 Interstate banking; amend provisions SB 464 Work for Welfare Program; establish SB 493 State Children's Trust Fund; certain fees; change repeal date SB 521 Office of Sensory Affairs; create SB 530 Dwellings, dwelling units, & other facilities; smoke detectors SB 537 Counties and boards of education; designated depositories

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SB 539 Telephone service; access to live operator SB 540 Promotional contests; sponsors; bond requirements SB 551 Sheriffs; qualifications; amend provisions SB 560 Juvenile proceedings; community based risk reduction programs SB 567 Telemarketing; deceptive or abusive activities; prohibit SB 630 Bonds and recognizances; sureties; amend provisions SB 651 Remedies for Residents of Personal Care Homes Act; enact SB 657 Lobbyists; quarterly disclosure reports SB 668 County governing authorities; minutes of meetings
SR 519 Rabun and Habersham counties; convey property SR 547 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, SB 588 and SB 636 were taken off 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 2048.

By Representatives Hart of the 116th, Howard of the 118th, Brown of the 117th and Connell of the 115th:
A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for the duties and powers of the Chief Judge of said Court; to provide for the handling and transfer of cases within the Civil Court and Magistrate Court of Richmond County.

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

HB 2052.

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 Education of Cherokee County, so as to change certain provisions relating to the per diem received by members of the board.

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

HB 2054. By Representatives Snow of the 2nd and Joyce of the 1st:
A bill to provide for the Magistrate Court of Walker County; to provide for the compensation of the chief magistrate.

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

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.

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The following Committee substitute was read and adopted:

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; to provide for removal of members; to provide for the appointment and compensation of an executive director, treasurer, and other administrative officers and employees of the authority; to provide that no member, officer, or employee of the authority shall have any financial dealings with the authority; to provide that any member, officer, or employee having financial dealings with the authority shall be subject to removal; to provide for the powers of such authority; to define the types of activity in which the authority is prohibited from engaging and otherwise to restrict the powers of the authority; to provide for the execution of contracts, leases, and other legal documents; to provide for the location of such authority; to provide for the issuance and validation of revenue bonds; to provide for the replacement of lost or mutilated bonds; to provide that such bonds may be secured by a trust indenture; to provide for additional powers relative to the issuance of revenue bonds and security for such bonds; to provide for the protection of interest of bondholders; to exempt the bonds and interest therefrom from taxation; to provide that such bonds may be used as lawful deposits of securities for public officers; to provide the form of revenue bonds; to provide the denominations, registration, and place of payment of revenue bonds; to provide for signatures and seal on revenue bonds; to provide for negotiability of revenue bonds; to provide for the sale and price of revenue bonds; to provide for the proceeds of revenue bonds; to provide for the interim receipts and certificates of temporary revenue bonds; to provide for the conditions precedent to issuance and the object of issuance of revenue bonds; to provide for credit not pledged in issuing revenue bonds; to provide to whom proceeds of revenue bonds shall be paid; to provide for a sinking fund for revenue bonds; to provide for the refunding of revenue bonds; to provide for the validation of revenue bonds; to provide that the property of the authority shall be deemed to be public property; to provide for the transfer of airports and related facilities from the county to the authority; to provide that conveyances and transfers shall be accomplished so as to protect interest of bondholders and others affected thereby; to provide that airports acquired by the authority shall be subject to the control of the authority; to provide that the powers of the authority shall be limited to airports; to provide that the funds of the authority shall be used only for airports; to provide for publication of financial data; to provide for fire and emergency medical protection; to provide for maintenance of roads, taxiways and runways; to provide for transfer of federal funds; to provide for immunity from liability; to provide for exemption from taxation; to provide for rights of personnel; to provide for dissolution; to provide for lease of certain lands; to provide for service of process; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Creation of authority. There is created the Clayton County Airport Authority which is referred to in this Act as the "authority." The authority shall be an instrumentality and political subdivision of the State of Georgia and a public corporation. The authority may exercise, subject to approval of the governing authority of Clayton County, the powers set out in this Act with respect to any land located within Clayton County or land contiguous to Clayton County which is, in either case, owned by Clayton County or the authority and used for airport purposes as provided in this Act.
Section 2. Determination of need for the authority. The General Assembly determines and declares that there is a present and projected rapid growth in commercial and private air traffic in the Clayton County area. There is the need for adequate airports safely and efficiently to serve the air transportation needs of this state and Clayton

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County through its metropolitan areas, the need to eliminate airport hazards, the need to raise large amounts of capital for the establishment, operation, and maintenance of present and future airports, and the need to coordinate the operation of various airports within certain metropolitan areas of the state. The General Assembly further determines and declares that the establishment of an authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the region and the entire state and to insure the proper economic development of the region and the entire state.
Section 3. Declaration of purposes. The purposes and objectives of this Act and the authority created by this Act shall be to meet the needs and requirements recognized in Section 2 of this Act through the establishment, maintenance, and operation of a unified and coordinated airport system in the Clayton County area; to ensure the orderly and proper use and growth of the public airport; to ensure that the maximum public benefit is obtained from the public airport owned by Clayton County that is presently in existence and future airports; to ensure proper planning and establishment of airports needed in the future; to ensure the maximum participation of this region and state in national and international programs of air transportation; and to promote public transportation and commerce, all to the end of providing the most effective and economical use of public airports for the public welfare, safety, and convenience.
Section 4. Definitions. As used in this Act, unless the context in which they are used requires otherwise, the term:
(1) "Airport" means any area of land or structure within the authority's jurisdiction as set out in Section 1 of this Act, which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may plan to use for terminal facilities; all facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, and the parking of automobiles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private and military aircraft including all land originally acquired by Clayton County for the establishment of a county airport, any land to be deeded to Clayton County for airport use, including without limitation, aviation easements, and other real or personal property.
(2) "Airport hazard" means any structure, terrain, or object of natural growth which obstructs or impedes the airspace required for the flight, landing, or taking off of aircraft to or from an airport, or any other thing that is hazardous to the flight, landing, or taking off of aircraft to or from an airport.
(3) "County" means Clayton County, Georgia. (4) "Revenue Bond Law" means the provision of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended.
Section 5. Members of the authority. The authority shall be composed of seven members appointed by the governing authority of the county as provided in this Act. The authority shall be composed of seven posts.
Section 6. Initial terms. The initial terms of the members of the authority appointed to Posts 1 and 2 shall end on December 31, 1994; the initial terms of those members appointed to Posts 3 and 4 shall end on December 31, 1995; the initial terms of those members appointed to Posts 5 and 6 shall end on December 31, 1996, and the initial term of the member appointed to Post 7 shall end on December 31, 1997. Thereafter all appointed members shall be appointed for terms of four years each and until their successors are appointed.
Section 7. Election of officers, quorum, bylaws, procedures, and meetings. After the appointment of the initial members, the full membership of the authority shall meet as

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soon as practicable and shall elect one of its members as chairperson and one as vicechairperson, each of whom shall continue as voting members in such positions for the succeeding year and until their successors are elected. Thereafter, a chairperson and vice-chairperson shall be elected in the same manner each year to serve for the succeeding year and until their successors are elected. The chairperson shall preside at meetings of the authority and the vice-chairperson shall preside in his or her absence, and they shall have such other powers, duties, and responsibilities as are set out elsewhere in this Act and in the bylaws of the authority. The authority shall also designate a secretary to keep the minutes and records of the authority. A majority of the members of the authority shall constitute a quorum. A majority of the quorum may exercise any and all powers of the authority. The authority shall, as soon as practicable, adopt its own bylaws, rules of procedure, and rules of conduct of its business. The authority shall meet at least once a month and at such other times as it may deem necessary.
Section 8. Compensation of members. The members shall receive no compensation but shall be reimbursed from the funds of the authority for reasonable and necessary expenses incurred in pursuing the business of the authority.
Section 9. Vacancies in authority. Should an appointed member vacate his or her office either by resignation, death, removal, or for any other reason, the governing authority of the county shall, as soon as practicable, appoint another member as a member of the authority to complete the term of the vacating member. Until such time as a new member is appointed, the total number of members of the authority for the purposes of determining a quorum shall not include the vacating member.
Section 10. Removal of members. Any member may be removed from office for good cause affecting his or her ability to perform his or her duties as a member, for misfeasance, malfeasance, or nonfeasance in office, or for violating the conflicts of interest provisions of this Act by vote of a majority of the governing authority of the county, but only after a public hearing at which such member is given the right to present evidence on his or her own behalf and only upon a finding by a majority of the governing authority of the county that good cause for removal affecting the member's ability to perform his or her duties as a member exists, that he or she was guilty of misfeasance, malfeasance, or nonfeasance in office, or that he or she violated the conflicts of interest provisions of this Act.
Section 11. Executive director, treasurer, and other administrative officers and employees. The authority may, subject to approval by the governing authority of the county, appoint and fix the compensation of an executive director under such terms and conditions as it deems appropriate. The executive director shall be the chief executive and operating officer of the authority. He or she shall have had experience as a business executive, preferably in connection with the field of aviation. Under the supervision of the authority and the governing authority of the county, the executive director shall be responsible for the operation, management and promotion of all activities with which the authority is charged under this Act, together with such other duties as may be prescribed by the authority, and he or she shall have such powers as are necessarily incident to the performance of his or her duties and such other powers as may be granted by the authority and the governing authority of the county. Additionally, the authority may, subject to approval by the governing authority of the county, in a like manner appoint and fix the compensation of a treasurer who shall have custody of all moneys, funds, notes, bonds, and other securities as the authority may prescribe. The authority may also, subject to approval by the governing authority of the county, authorize and employ such other administrative officers and employees under such terms and conditions as the authority shall consider necessary and appropriate to effectuate its purposes under this Act.
Section 12. Conflicts of interest. No member, officer, or employee of the authority shall have a financial interest, direct or indirect, in any contract with the authority or be financially interested, directly or indirectly, in the sale to the authority of any lands, material, supplies, or services, except on behalf of the authority as a member, officer, or employee. Any violation of the provisions of this section by a member of this authority

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shall be grounds for removal pursuant to Section 10 of this Act. Any violation of the provisions of this section by the executive director, any officer, or any employee of the authority shall be grounds for removal by the authority.
Section 13. Powers of the authority. The authority shall possess, subject to approval by the governing authority of the county and those conditions and limitations set out elsewhere in this Act, all the powers necessary or convenient for it to accomplish the purposes of this Act, including the following specific powers, which shall not be construed as a limitation upon the general or other specific powers conferred in this Act:
(1) To adopt a seal to be used for the authentication of legal documents, obligations, contracts, and other instruments and to alter same at the pleasure of the authority;
(2) To acquire by purchase, lease, gift or otherwise and to hold, lease, sell, use, and dispose of real and personal property of every kind and character or any interest therein;
(3) To request the county to exercise the power of eminent domain to acquire any private real property or any rights or interests therein including any easements, as necessary or convenient for the accomplishment of the purposes of this Act, including the elimination of airport hazards, in accordance with the provisions of any and all existing laws applicable to the exercise of such power including, without limitation, the authority provided for in Code Section 6-3-22 of the O.C.G.A. The authority shall pay for any property condemned under this power from funds of the authority and in proceedings to condemn pursuant to this section. The court having jurisdiction of the suit, action, or proceedings may enter such orders regarding the payment for such property or interest therein as may be fair and just to the county, the authority, and to the owners of the property being condemned. Any such procedure shall suggest the method of payment to persons who own or have an interest in the property acquired by the authority;
(4) To appoint, select, and contract for the services of engineers, architects, building contractors, accountants, and other fiscal agents, attorneys, and such other persons, firms, or corporations as are necessary to accomplish the purposes of this Act for such fees or compensation and under such terms and conditions as it deems appropriate;
(5) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under the control of the authority under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of property or services of the authority and collect and use same as necessary to operate the airports under control of the authority; and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes;
(6) To contract with any persons, firms, or public or private corporations to supply goods, commodities, facilities, and services to the public, employees of the authority, and employees of air carriers and other commercial interests located at any airport under the control of the authority under such terms and conditions as it may prescribe including the power to grant exclusive rights, franchises, or concessions;
(7) To adopt and enforce reasonable rules and regulations for the orderly, safe, efficient, and sanitary operation of airports and related facilities under the control of the authority, to provide its own security force and peace officers with powers of arrest or to arrange for such security force or peace officers in connection with any municipality or county, and to prescribe reasonable penalties for the breach of any rule or regulation. All such rules, regulations, or orders shall become effective upon approval of the authority and after publication of a notice containing a substantive statement of the rule or regulation and the penalty for violation thereof in a newspaper of general circulation of the county in which rules and regulations are to be applied. The notice shall state that the breach of the rule or regulation will subject the violator to the penalty and shall state that the full text of all rules and regulations

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shall be maintained in the principal office of the authority where such text will be open to public inspection and perusal. All rules and regulations shall in fact be so maintained. Said rules and regulations, when promulgated as provided under this Act shall be judicially recognized by and enforceable in the court of any municipality or the county in which airports under the control of the authority are located and having jurisdiction over the place where any violation occurs;
(8) To provide fire protection and crash and rescue services or to arrange for such services in connection with any federal, state, municipal, or county agency or any private firm in the business of providing such services;
(9) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in aid of airports under the control of the authority and to accept and use such loans, grants, guarantees, or other financial assistance upon such terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other source;
(10) To enter into agreements with the state, any state agency, county, municipality, or the federal government or any agency thereof to use in the performance of the functions of the authority, any facilities or services of the state or such agency, county, municipality, or the federal government or any agency thereof in order to accomplish the purposes as set forth in this Act;
(11) To borrow money to accomplish any purposes and execute evidences of indebtedness therefor and secure such indebtedness in such manner as the authority may provide by resolution authorizing such indebtedness to be incurred; provided, however, that the authority shall not pledge for the payment of such indebtedness revenue pledged for the payment of any other indebtedness then outstanding or incumber property in violation of the terms of any existing contract, agreement, or trust indenture securing existing indebtedness;
(12) To issue negotiable bonds, including revenue and refunding bonds, under such terms and conditions as it deems appropriate and to provide for the payment of same and for the rights of the holders therefor;
(13) To enter into any financial arrangements whatsoever necessary to accomplish the purposes of this Act not prohibited by this Act or by the Constitution of the State of Georgia;
(14) To sell, lease, or otherwise dispose of surplus personal property, and to sell, lease, or otherwise dispose of land and any improvements thereon acquired by the authority pursuant to law which the authority may determine is no longer required to accomplish the purposes of this Act, including property which is suitable for industrial development. Any such property may be sold, leased or otherwise disposed of upon such terms and conditions as may be provided by resolution of the authority. The proceeds of any such sale may be used by the authority to accomplish any of the purposes of this Act;
(15) To determine what usage may be made of airports subject to the control of the authority, including the power to determine what classes of aircraft may use particular airports in order to derive the maximum public benefit from all airports;
(16) To exercise each and every power that any municipality or any county could exercise, under laws existing at the time this Act becomes law, over airports owned or operated by any municipality or any county which subsequently comes under the control of the authority under the provisions of this Act just as if the authority were the municipality or the county that previously owned or operated such airport and with regard to any future airport or airports not existing at the time this Act becomes law, the authority may exercise each and every power that the municipality or county could have exercised under this Act had the authority acquired the ownership or operation of any such airport or airports just as if the authority were the municipality or
county; (17) To enter into contracts, leases or other agreements with federally certificated
air carriers, other commercial air carriers, and other commercial users of the authority's airports, for the use of such airports under such terms and conditions as the

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authority deems appropriate and for such charges, rentals, and fees as the authority deems appropriate under the circumstances;
(18) To enter into such agreement with any municipality or county presently operating airports of which the authority may subsequently assume control with respect to the manner of transfer of airport employees from any municipality or any county to the authority as the authority deems necessary and appropriate under the circumstances;
(19) To establish a plan of civil service for officers and employees of the authority or to provide by resolution that such officers and employees of the authority shall be covered under any state, county, or municipal civil service plan which is available to such employees under the laws of this state or any county or municipality; and
(20) To establish a plan for retirement, disability, hospitalization, and death benefits for officers and employees of the authority or to provide by resolution that such officers and employees shall be covered under any state, county, or municipal plan available to them under the laws of this state or any county or municipality.
Section 14. Execution of contracts, leases, obligations, agreements, or other legal instruments. Any and all contracts, leases, obligations, agreements, or other legal instruments of the authority shall be approved by resolution of the authority and shall be executed by those individuals designated in such resolution, and in the absence of such designation, by the chairperson or vice-chairperson. Nothing in this provision shall prohibit general resolutions authorizing the executive director or other officers, agents, or employees to execute such contracts, leases, obligations, agreements, or other legal instruments as the authority may prescribe; provided, however, that all such contracts, leases, obligations, agreements, or other legal instruments shall be approved by the governing authority of the county.
Section 15. Revenue bonds, Revenue Bond Law applicable. The authority shall have the power and is authorized, at one time or from time to time as it deems necessary to accomplish the purpose of this Act, to issue revenue bonds pursuant to the Revenue Bond Law, subject to approval by the governing authority of the county. The authority is determined to be a municipality within the meaning of that law and is authorized to utilize any and all procedures set out in this Act, and to exercise any and all powers of a municipality under such law. The members of the authority shall constitute the governing body as that term is used in such law. Except as otherwise provided in this Act, nothing in this section shall be construed so as to limit the power of the authority to issue any bonds authorized pursuant to paragraph (13) of Section 13 of this Act, except as provided in such law.
Section 16. Validation of revenue bonds, location of authority. For purposes of validation of bonds under the Revenue Bond Law, the authority shall be considered to be located in Clayton County.
Section 17. Replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds issued by the authority which have been mutilated or destroyed.
Section 18. Bonds; trust indenture as security. In the discretion of the authority, subject to approval by the governing authority of the county, any issue of bonds pursuant to this Act may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, either real or personal. The resolution providing for the issuance of such bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of airports, the maintenance, operation, repair, and insurance of property;

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and the custody, safeguarding, and application of all moneys of the authority. Such resolution or trust indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders, and may also require that the security given by any contracts and by any depository of the proceeds of the bonds or revenues or other moneys shall be satisfactory to such trustee or bondholders, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such security as may be required by the authority. Such resolution or trust indenture may set forth rights and remedies of the bondholders and of the trustees, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such resolution or trust indenture may contain such other provisions as the authority may deem reasonable, proper and appropriate for the security of the bondholders. All expenses incurred in connection with any trust indenture or such resolution made in accordance therewith may be treated as operating expenses of the authority.
Section 19. Revenue bonds; additional powers as to security. In addition to other powers granted in this Act as to the issuance of revenue bonds and security for such bond, and subject to approval of the governing authority of the county and those conditions and limitations set out elsewhere in this Act, the authority shall have the power to enter into any financial and contractual arrangements with users of airports under the control of the authority, including commercial air carriers which are deemed appropriate by the authority in order to provide security to bondholders, and for such purposes, the authority may also enter into joint agreements, arrangements, or trust indentures with such users and trustee or trustees under any trust indenture authorized under Section 18 of this Act in order that funds may be procured to accomplish the purposes of this Act at the least possible cost to the authority.
Section 20. Revenue bonds; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of officers, employees, or agents of the authority shall not be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority shall be created which competes with the authority to such an extent as to adversely affect the interest and rights of the holders of such bonds.
Section 21. Revenue bonds; exemption from taxation. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and said bonds and the income therefrom shall be exempt from all taxation within the state.
Section 22. Revenue bonds as legal investments for trustees and as lawful deposits of securities with public officers. Any bonds issued by the authority under the provisions of this Act shall be deemed securities in which all public officers and bodies of this state, municipalities, and municipal subdivisions; insurance companies, associations, and other persons carrying on an insurance business; banks, bankers, trust companies, savings banks and associations, investment companies, and other persons carrying on a banking business; administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whomsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also deemed securities which may be deposited with and shall be received by all public officers and bodies of this state, municipalities, and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.
Section 23. Revenue bonds; form; denominations; registration; place of payment. The authority shall, subject to approval by the governing authority of the county, determine the form of the bonds and the place or places of payment of principal and shall fix the

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denomination or denominations of the bonds and the place or places of payment of principal and interest which may be at a bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bond as to principal and also as to both the principal and interest.
Section 24. Revenue bonds; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and attested by the secretary-treasurer of the authority and the official seal of the authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the chairperson and secretary-treasurer of the authority. Any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.
Section 25. Revenue bonds; negotiability. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument law of the state.
Section 26. Revenue bonds; sale; price. The authority may sell, subject to approval by the governing authority of the county, such bonds in such manner and for such price as the authority may determine to be for the best interest of the authority; but no such sale shall be made at a price less than such price as provided in the Revenue Bond Law, unless such article is amended to permit the sale of such bonds at less than par.
Section 27. Revenue bonds; proceeds of bonds. The proceeds of revenue bonds issued pursuant to this Act shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of bonds in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit for the cost of the project or projects, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purposes. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.
Section 28. Revenue bonds; interim receipts and certificates of temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
Section 29. Revenue bonds; conditions precedent to issuance; object of issuance. Such revenue bonds may, subject to approval by the governing authority of the county, be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of the quorum as provided in this Act.
Section 30. Revenue bonds; credit not pledged. Revenue bonds issued under the provisions of this Act shall be payable from the fund provided for in this Act and, unless otherwise authorized and approved by the governing authority of the county, the issuance of

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such revenue bonds shall not directly, indirectly, or contingently obligate the county or any municipality therein to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
Section 31. Revenue bonds; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purpose of this Act, subject to such regulations as this Act and such resolutions or trust indenture may provide.
Section 32. Revenue bonds; sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued and any moneys derived from the sale of any properties, both real and personal of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which said sinking fund shall be pledged to and charged with the payments of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as such principal shall fall due; (3) The necessary charges of paying an agent or agents for paying interest and principal; and (4) Any premium upon bonds retired by call or purchase as provided in this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
Section 33. Revenue bonds; refunding bonds. The authority is authorized, subject to approval by the governing authority of the county, to provide by resolution for the issuance of revenue bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same, shall be governed by the provisions of this Act insofar as the same may be applicable.
Section 34. Revenue bonds; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedures of the Revenue Bond Law. The petition for validation shall also make party as a defendant to such action any municipality, county, authority, subdivision, or instrumentality of this state or the federal government or any department or agency of the federal government, if subject to be sued, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision, or instrumentality, shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the authority issuing the same, and any municipality, county, authority,

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subdivision, or instrumentality of the federal government if a party to the validation proceedings, contracting with the authority.
Section 35. Property of authority deemed to be public property. It is declared that all property of the authority held pursuant to the terms of this Act, whether real or personal, tangible or intangible, and of any kind or nature, and any income or revenue therefrom is held for an essential public and governmental purpose and all such property is deemed to be public property.
Section 36. Transfer of airport and related facilities to authority; public necessity. The authority shall by resolution, at such times as shall be deemed appropriate, determine what public airports within its jurisdiction as set out in Section 1 of this Act are necessary to accomplish the purposes of this Act, and shall inform the governing authority of Clayton County of such determination and request that the governing authority convey by deed all of the right and interest in real property and any other property making up such airports owned by Clayton County to the authority for a proper consideration within such time as the authority may prescribe, subject to the provisions of Section 38 of this Act. It is declared that the conveyance of such property is necessary and essential in order to accomplish the purposes of this Act so as to secure the public welfare, safety, and convenience.
Section 37. Transfer of contracts to authority. Upon conveyance of any airport to the authority pursuant to Section 36 of this Act, all contracts, commitments, leases, and other obligations of Clayton County with respect to such airport shall be transferred to the authority, and the authority shall stand in the place of Clayton County for the purposes of such contracts, commitments, leases, or other obligations, subject to the provisions of Section 38 of this Act.
Section 38. Conveyances and transfers pursuant to Sections 36 and 37 of this Act to be accomplished so as to protect interests of bondholders and others affected thereby. The conveyance of an airport and related facilities by Clayton County to the authority pursuant to Section 36 of this Act, and the transfer of contracts, commitments, leases, and any other obligations to the authority from Clayton County pursuant to Section 37 of this Act shall be accomplished under such terms and conditions as may be necessary to protect the interest of bondholders of Clayton County affected by such conveyances and transfers and other parties affected thereby. Transfers may be conditioned so as to protect such interests, and the authority and Clayton County may enter into any agreements with each other or other parties necessary to protect such interests.
Section 39. Airport subject to control of authority. Any airport acquired by the authority pursuant to this Act or acquired by the authority in any legal manner, and any other property held by the authority, shall be under the control of the authority, and the authority shall have the right to exercise any and all of the powers set out in this Act in regard thereto.
Section 40. Powers of authority limited to airports. All of the powers, general and specific, granted to the authority pursuant to this Act shall be exercised only in regard to airports and are subject to approval of the governing authority of the county. The authority shall not have the power to plan, construct, finance, operate, or maintain any facilities other than airports and related facilities; provided, however, that nothing in this section shall be construed to prohibit the authority from cooperating with other federal, state, county, or municipal governmental agencies or public corporations in order to coordinate other types of facilities with airports under the control of the authority or purchasing, selling, exchanging, or otherwise acquiring any property from or with such agencies or corporations.
Section 41. Funds of authority to be used only for airports. The funds of the authority, from whatever source, shall be used only in support of airports as defined in this Act, but nothing in this section shall prohibit the authority from making, subject to approval

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by the governing authority of the county, any and all expenditures of any kind or nature necessary to support such airports under the control of the authority.
Section 42. Publication of financial report and budget. The authority shall, at least annually, publish in the legal newspaper of Clayton County a statement of sources and expenditures of funds for the previous year and the proposed budget for the following year.
Section 43. Fire and emergency medical protection. The governing authority of Clayton County may continue to provide fire and emergency medical protection for the authority at Clayton County Airport Tara Field.
Section 44. Maintenance of roads, taxiways, and runways. The county shall continue to maintain the roads, taxiways, and runways of the authority at no cost to the authority. Such roads, taxiways, and runways shall be maintained accordingly to meet minimum standards as set forth by the Federal Aviation Administration, this state, and the county.
Section 45. Funds due from the federal aviation administration. All funds currently due from the Federal Aviation Administration to the county, unless otherwise committed or encumbered by agreement, shall be assigned to the authority as initial operating and construction capital.
Section 46. Immunity from liability. The authority shall have the same immunity and exemption from liability from torts and negligence as the state, the county, and members, officers, agents, and employees of the authority who in performance of the work of the authority shall have the same immunity and exemption from liability from torts and negligence as the officers, agents, and employees of the state and the county when in performance of their public duties or work of the state or the county.
Section 47. Tax exemption of the authority. It is found, determined, and declared that the creation of the authority and the carrying out of its authorized purposes are in all respects for the benefit of the people of this state and county and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act. The authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it nor upon any fees, rentals, or other charges for the use of such facilities or other income received by the authority. It is hereby covenated with the holders from time to time of the bonds, notes, and other obligations issued under this Act that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts on any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.
Section 48. Rights of personnel. All rights, credits, and funds in any retirement system of the county which are possessed by any personnel of the authority at the time of employment by the authority shall be continued, subject to approval of the governing authority of the county, and it is the intent of this Act that any such employees and personnel shall not lose rights, credits, or funds to which they were entitled prior to being employed by the authority.
Section 49. Dissolution of authority. In the event of dissolution of the authority, all property, real and personal, tangible and intangible, shall revert to and be the property of the county, subject to all rights and encumbrances thereon; provided that the county, by acceptance thereof, shall fulfill all obligations of the authority.

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Section 50. Principal office of authority; service of process. The principal office of the authority shall be in Clayton County. Service of process on the authority may be effectuated upon the executive director or other officers of the authority as in the case of private corporations incorporated or domesticated under the laws of this state.
Section 51. Severability; should any portion of this Act be held invalid. The terms and provisions of this Act are severable. Should any section, subdivision, sentence, clause, or phrase of this Act, or the application thereof to any person or circumstances for any reason be held by a court of competent jurisdiction to be invalid or void, the validity of the remainder of this Act or the application of such provision to other persons or circumstances shall not be affected thereby to the extent that any remaining portion of the Act may reasonably be given effect without the invalid or void portion.
Section 52. Cumulative with nonconflicting existing laws. This Act shall not be construed so as to repeal any laws or parts thereof not directly in conflict with this Act, and the provisions of this Act shall be cumulative with existing laws on the subject or existing laws which authorize the doing of things authorized by this Act unless they are in direct conflict with this Act.
Section 53. 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 substitute, was agreed to.
SB 640. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to provide for the creation of one or more community improvement districts in Chatham County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend SB 640 as follows:
On page 9, line 25, after the semi-colon add "and".

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

SB 721. By Senators Hemmer of the 49th and Day of the 48th:
A bill to amend an Act creating a board of commissioners for Forsyth County, as amended, so as to change the manner of filling vacancies on said board; to provide for certain submissions.

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

SB 726. By Senators Henson of the 55th and Robinson of the 16th:
A bill to amend an Act placing the sheriff of Talbot County on an annual salary, as amended, so as to provide for and change the provisions relating to full-time and part-time deputies and their compensation; to provide an effective date.

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

HB 2020.

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 valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads that 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.

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.

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

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 purposes 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 purposes.

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

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot
Bargemn
Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, U 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 Channell Y Childers Y Clark Y Coker
Y Coleman, B Y Coleman, T

Y Colwell Y Connell
Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H
Dixon, S
Dobbs Y Ehrhart Y Epps Y Evans
Y Felton

Floyd, J.M Y Floyd, J.W
God bee Y Golden
Goodwin
Y Greene Y Groover
Y Hammond Y Manner Y Harris, B Y Harris, M
Y Hart Y Heard
Hegstrom Y Hembree
Henson 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
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
Lewis Y Lord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

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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 E Purcell, A Y Purcell, B
Randall Y Randolph
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
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

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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 146, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

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

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 district attorneys.

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 system 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.

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.

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 superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.

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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.

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 continue in office the mayor and certain members of the city council and provide for the expiration of their terms; to provide for council districts.

HB 1994. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.

HB 1995.

By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relating to the salary of the tax commissioner.

HB 1996.

By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit.

HB 1997. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the provisions relating to the salary of the sheriff.

HB 1998.

By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to increase the salary of the clerk of the Superior Court of Clayton County.

HB 1999.

By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.

HB 2000.

By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.

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HB 2001.

By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act entitled "An Act changing the composition and manner of selection of the Board of Education of Clayton County," so as to change the compensation of the chairperson and members of such board.

HB 2002.

By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the compensation of the coroner.

HB 2003. By Representatives Bailey of the 93rd, Buckner of the 95th, Johnson of the 97th, Benefield of the 96th and Lee of the 94th:
A bill to establish a civil service system for the employees of Clayton County.

HB 2004.

By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to the compensation of the chairman.

HB 2005.

By Representative Twiggs of the 8th:
A bill to amend an Act creating the Clayton-Rabun County Water and Sewer Authority, so as to change the provisions relating to the financing of projects.

HB 2006.

By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to revise the residency requirement for persons qualifying for election as a member of the board.

HB 2008.

By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act establishing a system of public schools in the City of Americus, so as to provide for the funding of such schools for fiscal year 1995.

HB 2011. By Representative Twiggs of the 8th: A bill to create and establish the Rabun County Building Authority.

HB 2014.

By Representatives Moore of the 113th, Harris of the 112th, Bargeron of the 120th and Williams of the 114th:
A bill to amend an Act to provide for a homestead exemption of $20,000.00 from all Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebtedness, for residents of Columbia County and the Columbia County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year.

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HB 2018. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act relating to the office of the sheriff of Lamar County, so as to provide for vacancies and temporary vacancies or incapacity in the office of sheriff and the filling thereof.

HB 419. By Representatives Mueller of the 152nd, Cummings of the 27th, Smith of the 109th, Jamieson of the 22nd and Smith of the 174th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credits under the Employees' Retirement System of Georgia, so as to provide that any member whose contributions to the retirement system were suspended because the member was unable to work because of an injury incurred during the course of employment may purchase service credit for such period.

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 certain 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.

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 telephones where the central offices serving such telephones are within 16 miles of each other.

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 Annotated, 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.

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 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.

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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 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.

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".

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.

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 Annotated, 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.

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 conducted.

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.

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 Annotated, relating to permits for certain solid waste handling and disposal facilities, so as to provide for limitations on the modification of certain permits.

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 Annotated, relating to elementary, secondary, and adult education, so as to provide that the Professional Standards Commission and the Professional Practices Commission shall not lose jurisdiction of an applicant who withdraws his or her application for certification.

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JOURNAL OF THE HOUSE,

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 Annotated, 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.

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.

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.

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.

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 superior courts, judges of the probate courts, and sheriffs; to change the population brackets for such salaries.

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.

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 Annotated, 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 equipment and related attachments used exclusively for the purpose of growing and harvesting timber.

MONDAY, MARCH 14, 1994

2201

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 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.

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 Annotated, relating to auctioneers, so as to provide an exception to the provisions of such chapter.

The Senate has agreed to the House amendment to the Senate substitute to the following 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 has agreed to the House amendment to the following Bill of the Senate:

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 payments for hazardous waste water which is treated on site.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

SB 511. By Senator Walker of the 22nd:
A bill to amend Code Section 37-2-5 of the Official Code of Georgia Annotated, 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 community service boards.

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 Annotated, relating to annual contracts of teachers, principals, and other certificated 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.

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JOURNAL OF THE HOUSE,

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 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 recedes from its amendment and agrees to the House substitute to the following Bill of the Senate:

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

The Senate has adopted the report of the Committee of Conference on the following Bill 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 Annotated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valuations established on appeal can be changed for subsequent taxable years.

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

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 individuals and groups to develop a comprehensive family and support plan for persons with disabilities and needed legislation.

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.

MONDAY, MARCH 14, 1994

2203

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.

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.

HR 1126. By Representative Coleman of the 142nd:
A resolution designating "Thaxton Lane" at Little Ocmulgee State Park in McRae, Georgia.

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

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.

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.

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.

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 superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the clerk and deputy clerk of the superior court.

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.

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

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JOURNAL OF THE HOUSE,

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.

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.

HB 2024.

By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A bill to amend an Act providing for the method of filling vacancies in the membership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies.

HB 2038.

By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th:
A bill to create the Houston County School District Building Authority as a public corporation and an instrumentality of the State of Georgia.

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

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.

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.

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

HR 1156. By Representatives Skipper of the 137th and Parrish of the 144th: A resolution amending the Rules of the House of Representatives.

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

HR 1092.

By Representatives Sinkfield of the 57th, Stanley of the 50th, Davis of the 48th and Smyre of the 136th:
A resolution recognizing and commending Dr. Edwin Alfred Thompson; inviting him to appear before the House of Representatives.

MONDAY, MARCH 14, 1994

2205

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

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

SB 668. By Senators Dean of the 31st and Ray of the 19th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, so as to provide for minutes of meetings of county governing authorities; to provide that certain documents may be incorporated by reference; to provide an effective date.

The following amendment was read and ruled out of order:

Representatives Dobbs of the 92nd, Smith of the 109th, Carrell of the 87th and Cummings of the 27th move to amend SB 668 by inserting between ; and to on line 5 of page 1 the following:
"to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties, municipalities, and other governmental entities, so as to regulate the exercise of the power of eminent domain by political subdivisions under certain circumstances;".
By inserting between lines 23 and 24 of page 1 the following:
"Section 2. Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties, municipalities, and other governmental entities, is amended by striking Code Section 36-80-1 which reads as follows:
'36-80-1. Reserved.',
and inserting in its place a new Code Section 36-80-1 to read as follows:
'36-80-1. Notwithstanding any other provision of general or local law to the contrary, no county, municipality, or other political subdivision shall be authorized to exercise its power of eminent domain inside the boundaries of any other county, municipality, or other political subdivision except by contract with the county, municipality, or other political subdivision affected.'"
Renumber Sections 2 & 3.

The following amendment was read and adopted:

Representatives Skipper of the 137th and Greene of the 158th move to amend SB 668 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for minutes of.
By striking lines 6 and 7 of page 1 and inserting in lieu thereof the following:
"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; to provide exceptions; to provide that no

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JOURNAL OF THE HOUSE,

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 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 provide an effective date; to repeal conflicting laws; and for other purposes."
By striking lines 9 through 11 of page 1 and inserting in lieu thereof the following:
"Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by inserting a new Code".
By striking line 24 of page 1 and inserting in lieu thereof the following:
"Section 2. Said title is further 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 authorized under the Constitution or other provisions of law; provided, further, 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, 1994, nor shall the transfer of any land pursuant to any such agreement be affected by this Code section.'
Section 3. 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 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 any agreement entered into by two or more counties, municipal corporations, consolidated governments, or development authorities or any combination thereof prior to July 1, 1994, nor shall the transfer of any land pursuant to any such agreement be affected by this Code section.'
Section 4. This Act shall become effective upon".
By redesignating Section 3 as Section 5.

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

MONDAY, MARCH 14, 1994

2207

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 Y Dix 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
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
Jenkins Y Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J

Johnston
Y Jones Y Joyce Y Kaye
Y Kinnamon Y Klein Y Ladd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills
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 E 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 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 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 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 1063. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Smith of the 102nd and others:
A resolution creating the House Study Committee on combining Columbus Technical Institute and Columbus College.

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
Bailey Y Baker Y Bannister
Barfoot N Bargeron Y Barnes N Bates Y Benefield
Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks, D Brooks, T Brown YBuck Y Buckner N Bunn Y Burkhalter Byrd

Y Campbell Canty Carlisle
Y Carrell Y Carter
Y Cauthorn
Y Chambless Y Chandler
Channell
Y Childers
N Clark
Y Coker Y Coleman, B Y Coleman, T
Colwell
Y Connell
Cox
N Crawford Y Crews Y Culbreth Y Cummings Y Davis, G

Y Davis, M
N Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans Y Felton
Floyd, J.M Y Floyd, J.W
Godbee Y Golden N Goodwin
Y Greene
Y Groover
Y Hammond
Y Hanner
Y Harris, B
Y Harris, M YHart

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 N Joyce NKaye

Y Kinnamon Y Klein YLadd N 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
Y McClinton McKinney
Y Milam Y Mills Y Mobley, B
Y Mobley, J

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JOURNAL OF THE HOUSE,

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 Porter
Y Poston N Powell E Purcell, A N Purcell, B Y Randall N Randolph
Ray Y Reaves Y Reichert
N Roberts Royal
Y Scoggins

Y Shanahan Y Sherrill
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 N Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor
Teague Teper
Y Thomas Y Tillman
N Titus Y Towery Y Trense

Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts N Westmorland N White Y Williams, B Y Williams, R N Yates
N Yeargin Murphy, Spkr

On the adoption of the Resolution, the ayes were 127, nays 23. The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following amendments were read and adopted:

Representative Polak of the 67th moves to amend SB 449 as follows: Page 1 line 5 change "or" to "of.

Representative Wall of the 82nd moves to amend SB 449 as follows: Page 2, line 6 add after word violations the word "of.

Representative Wall of the 82nd moves to amend SB 449 as follows: Page 3 line 7 change word or to "of.

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

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

Y Colwel! Y Connell YCox Y Crawford N Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson N 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 N Golden N Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris, B N 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 N Johnson, E Y Johnson, G Y Johnson, J
Johnston Y Jones Y Joyce N Kaye Y Kinnamon Y Klein

MONDAY, MARCH 14, 1994

2209

Y Ladd N 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
Y McClinton
Y McKinney Y Milam N Mills

Y Moblev, 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
Y Porter

Y Poston
Y Powell E Purcell, A Y Purcell, B Y Randall N Randolph Y 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
N Smith, V N Smith, W Y Smyre YSnow Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat
Y Taylor Y Teague 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 N Williams, B Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 145, nays 22.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 applicability with respect to other laws; to provide for situs of offers and sales.

The report of the Committee, which was favorable to the 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
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 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 Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J
Johnston Jones N 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 Y Mann
Y Martin Y McBee Y McClinton Y 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 E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell E 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
Y Teague Y Teper Y Thomas Y Tillman
Y Titus Y Towery

2210

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 166, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Mobley of the 86th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 Annotated, 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 provide for grievance procedures for violations of such rights; to provide for administrative hearings for violations of such rights.

The following Committee substitute was read and adopted:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a definition of an unlicensed personal care home; to provide for a civil penalty for operating an unlicensed personal care home; to provide for procedures, exceptions, hearings, and appeals connected therewith; to provide for calculation of civil penalties and doubling in certain circumstances; to provide for remedies for residents of personal care homes; 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 provide for grievance procedures for violations of such rights; to provide for administrative hearings for violations of such rights; to prevent certain resident transfers; to provide for a private cause of action for violation of such rights or for retaliatory actions and the conditions, procedures, and remedies relating thereto; to provide for criminal and civil penalties; to provide for injunctive relief; to prohibit certain defenses; to provide for mandamus actions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by inserting a new Code section to be designated Code Section 31-7-12.1 to read as follows:
"31-7-12.1. (a) A facility shall be deemed to be an 'unlicensed personal care home' if it is unlicensed and not exempt from licensure and:
(1) The facility is providing personal services and is operating as a personal care home as those terms are defined in Code Section 31-7-12;
(2) The facility is held out as or represented as providing personal services and operating as a personal care home as those terms are defined in Code Section 31-7-12; or
(3) The facility represents itself as a licensed personal care home. (b) Personal care homes in existence on the effective date of this Code section which obtain licenses from the department no later than October 1, 1994, shall not be subject to the penalties set out in this Code section. (c) Except as provided in subsection (b) of this Code section, any unlicensed personal care home shall be assessed by the department, after opportunity for hearing in accordance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a civil penalty in the amount of $100.00 per bed per day for each day

MONDAY, MARCH 14, 1994

2211

of violation of subsection (b) of Code Section 31-7-12. The department shall send a notice by certified mail stating that licensure is required and including a period for obtaining licensure with an expiration date. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. For unlicensed personal care homes which were not in existence on the effective date of this Code section, the civil penalty provided by this subsection shall be calculated as beginning on the expiration date of the notice. For unlicensed personal care homes which were in existence on the effective date of this Code section, the civil penalty provided by this subsection shall be calculated as beginning on the expiration date of the notice or on October 1, 1994, whichever is later. The department shall take no action to collect such civil penalty until after opportunity for a hearing.
(d) The civil penalty authorized by subsection (c) of this Code section shall be doubled if:
(1) The operator of an unlicensed personal care home refuses to seek licensure; or (2) The operator seeks licensure, the licensure application is denied, and the operator continues to operate the unlicensed personal care home. (e) The operator of a personal care home who is assessed a civil penalty in accordance with this Code section may have review of such civil penalty by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County in accordance with the provisions of Code Section 31-5-3."
Section 2. Said title is further amended by inserting in Chapter 8, relating to care and protection of elderly and indigent patients, a new article to be designated Article 5A to read as follows:
"ARTICLE 5A
31-8-130. This article shall be known and may be cited as the 'Remedies for Residents of Personal Care Homes Act.'
31-8-131. The General Assembly finds that persons residing within personal care homes are often isolated from the community and often lack the means to assert fully their rights as individual citizens. The General Assembly also recognizes that in order for the rights of residents of personal care homes to be fully protected, residents must be afforded a means of recourse when such rights have been denied. It is therefore the intent of the General Assembly to preserve the dignity and personal integrity of residents of personal care homes by providing access to a legal process to hear and redress the grievances of such residents regarding their individual rights.
31-8-132. As used in this article, the term: (1) 'Administrator' means the manager designated by the governing body of a per-
sonal care home as responsible for the day-to-day management, administration, and supervision of the personal care home, who may also serve as on-site manager and responsible staff person except during periods of his or her own absence.
(2) 'Community ombudsman' means a person certified as a community ombudsman pursuant to Code Section 31-8-52.
(3) 'Governing body' means the board of trustees, the partnership, the corporation, the association, or the person or group of persons who maintain and control a personal care home and who are legally responsible for the operation of the home.
(4) 'Legal surrogate' means a duly appointed person who is authorized to act, within the scope of the authority granted under the legal surrogate's appointment, on behalf of a resident who is adjudicated or certified incapacitated. No member of the governing body, administration, or staff of a personal care home or any affiliated personal care home or their family members may serve as the legal surrogate for a resident.
(5) 'Personal care home' or 'home' means a facility as defined in Code Section 31-7-12.
(6) 'Representative' means a person who voluntarily, with the resident's written authorization, may act upon the resident's direction with regard to matters concerning the health and welfare of the resident, including being able to access personal records

2212

JOURNAL OF THE HOUSE,

contained in the resident's file and receive information and notices pertaining to the resident's overall care and condition. No member of the governing body, administration, or staff of a personal care home or any affiliated personal care home or their family members may serve as the representative for a resident.
(7) 'Resident' means a person who resides in a personal care home. (8) 'State ombudsman' means the state ombudsman established under Code Section 31-8-52.
31-8-133. Residents' rights shall include all rights enumerated in the Rules of the Department of Human Resources Chapter 290-5-35, including, but not limited to, procedural protections relating to admission, transfer, or discharge of residents.
31-8-134. (a) Any resident, or the representative or legal surrogate of the resident, if any, who believes his or her rights under this article have been violated by a personal care home or its governing body, administrator, or employee shall be permitted to file a grievance under this Code section.
(b) In order to file the grievance provided for in subsection (a) of this Code section, the resident, or representative or legal surrogate of the resident, if any, may submit an oral or written grievance to the administrator or the administrator's designee. The administrator or designee, within five business days, shall either resolve the grievance to the grievant's satisfaction or respond in writing to the grievance, including in the response a description of the review and appeal rights set forth in this article.
(c) If the person filing the grievance is not satisfied by the action or failure to act of the administrator or designee, the grievant may submit an oral or written complaint to the state or community ombudsman.
31-8-135. (a) Any resident, the representative or legal surrogate of the resident, if any, or the state or community ombudsman, who believes the resident's rights have been violated by a personal care home, its governing body, administrator, or employee, shall have the right to request a hearing from the department pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b) No person shall be prohibited from requesting a hearing pursuant to subsection (a) of this Code section for failure to exhaust any rights to other relief granted under this article.
(c) (1) Except as provided in paragraph (2) of this subsection, the hearing provided for in subsection (a) of this Code section shall be conducted within 45 days of the receipt by the department of the request for a hearing. Where the state or community ombudsman has not already been involved in the matter at issue, the department may refer the request for a hearing to the state or community ombudsman for informal resolution pending the hearing. Such referral shall not extend the 45 day period in which the department shall conduct such hearing.
(2) If a resident or a resident's legal surrogate or representative, if any, alleges that an action or failure to act by a personal care home or its governing body, administrator, or employee is in retaliation for the exercise by that resident or his or her representative or legal surrogate, if any, of a right conferred by state or federal law or court order, the hearing provided for in subsection (a) of this Code section shall be conducted within 15 days of the receipt of the department of the request for a hearing. For such hearing, all pending requests for hearing by the resident or his or her legal surrogate or representative, if any, relating to such resident shall be consolidated.
(d) No transfer of a resident shall take place until all appeal rights are exhausted, unless:
(1) An immediate transfer is necessary because the resident develops a physical or mental condition requiring continuous medical or nursing care; or
(2) The resident's continuing behavior or condition directly and substantially threatens the health, safety, and welfare of the resident or any other resident.
(e) The department shall hold any hearing provided for in subsection (a) of this Code section at the personal care home upon the resident's request or as necessary due to the resident's physical condition. Where two or more residents of a personal care home allege a common complaint, the department may at the residents' request schedule a single hearing.

MONDAY, MARCH 14, 1994

2213

(f) If the department finds no violations of this article, the resident and personal care home will be so informed. If a violation has occurred:
(1) The hearing officer shall so notify the staff within the department responsible for the licensure of personal care homes;
(2) The department shall order the personal care home to correct such violation; and
(3) Upon failure of the personal care home to correct such violation within a reasonable time, the department may impose appropriate civil penalties as provided for in Code Section 31-2-6. 31-8-136. (a) Any resident or the representative or legal surrogate of the resident, if any, may bring an action in a court of competent jurisdiction to recover actual and punitive damages against a personal care home or its governing body, administrator, or employee for any violation of the rights of a resident granted under this article. Upon referral and request by the department, the Attorney General may bring such an action. Where a violation of a resident's rights has been found, the resident shall be awarded the actual damages or $1,000.00, whichever is greater, and may be awarded punitive damages. (b) No person shall be prohibited from maintaining an action pursuant to this Code section for failure to exhaust any rights to administrative or other relief granted under this article. (c) The right of a resident to bring an action pursuant to this Code section is in addition to any and all other rights, remedies, or causes of action the resident may have by statute or at common law. (d) Any resident or the representative or legal surrogate of the resident, if any, may bring an action to recover damages for any action of a personal care home or its governing body, administrator, or employee that adversely affects the resident's rights, privileges, or living arrangement in retaliation for that resident or his or her representative or legal surrogate, if any, having exercised a right conferred by state or federal law or court order. Upon referral and request by the department, the Attorney General may bring such an action. In any action brought under this Code section alleging retaliation, there shall be a presumption of retaliatory conduct, rebuttable by a showing of clear and convincing evidence, if an owner, licensee, administrator, or employee attempts to discharge, transfer, or relocate a resident involuntarily within six months after that resident or his or her representative or legal surrogate, if any, files an action for relief under this Code section, exercises a right to a hearing under this article, or makes an oral or written grievance against the personal care home or its governing body, administrator, or employee to the personal care home, a state or community ombudsman, or a state government official or employee. (e) Code Section 31-5-8 shall apply fully to any willful violation of this article. 31-8-137. A resident, the representative or legal surrogate of the resident, if any, or the Attorney General may bring an action in a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a personal care home from violating the rights of a resident. 31-8-138. The failure of the governing body to obtain or maintain a valid license to operate a personal care home shall not constitute a defense to any action brought pursuant to this article where the facility at issue is subject to licensure as a personal care home. 31-8-139. A resident, the representative or legal surrogate of the resident, if any, the community ombudsman, the governing body of the personal care home, or any other interested party may bring an action in court for mandamus pursuant to Article 2 of Chapter 6 of Title 9 to order the department to comply with any state or federal law relevant to the operation of a personal care home or the care of its residents."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

2214

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
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 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
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
Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
Y 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 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
E 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 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, by substitute, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Annotated, 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.

The report of the Committee, which was favorable to the 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 Bargenm
Y Barnes Y Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick

Y Breedlove Y Brooks, D Y Brooks, T Y Brown YBuck
Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell Y Canty
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 Hanner Y Harris, B
Y Harris, M

MONDAY, MARCH 14, 1994

2215

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 Y Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J
Johnston
Y Jones Y Joyce Y Kaye

Y Kinnamon Y Klein
Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis Y Lord 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 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 E Purcell, A Y Purcell, B Y Randall Y Randolph
Y 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 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

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HR 711 as follows:
On page 1, on line 2 after "for", strike "all" and insert "pharmacy services and all medically necessary".
On page 2, on line 4 after "include", strike "all" and insert "pharmacy services and all medically necessary".

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
Bordeaux Y Bostick N Breed love N Brooks, D Y Brooks, 1' Y Brown YBuck

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

Y Colwell
Y Connell YCox
Crawford N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Y Dickinson NDix 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 N Goodwin Y Greene Y Groover Y Hammond Y Hanner
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 N Johnson, E Y Johnson, G Y Johnson, J
Johnston
Y Jones N Joyce EKaye Y Kinnamon N Klein

2216

JOURNAL OF THE HOUSE,

Y Ladd
N Lakly
Y Lane, D Y Lane, R N Lawrence Y Lawson
Lee Y Lewis Y Lord Y Lucas N Maddox
N Mann
Martin Y McBee Y McClinton
McKinney Y Milam N Mills

Y Moblev. B
Y Mobley, J Y 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 Y Porter

Y Poston Y Powell E Purcell, A Y Purcell, B Y Randall Y Randolph N 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 N Smith, V N 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 Y Trense Y Turnquest Y Twiggs N Vaughan Y Walker Y Wall Y Watson Y Watts
N Westmorland Y White Y Williams, B Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 131, nays 31.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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 community 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.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot
Y Bargeron Y Barnes
Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y 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
Y Chambless Y Chandler Y Channel! Y Childers

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

E 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 Y Teague

MONDAY, MARCH 14, 1994

2217

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 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs in general, so as to change the provisions relating to the qualifications necessary to hold the office of sheriff; to provide for attendance of peace officers' training courses; to provide that the failure of certain newly elected sheriffs to become certified peace officers pursuant to certain requirements shall result in a vacancy being created in such offices of the sheriff; to provide for the filling of such vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs in general, is amended by striking Code Section 15-16-1, relating to qualifications and training of sheriffs, in its entirety and inserting in its place the following:
"(a) Intent. The General Assembly declares it to be in the best interests of the citizens of this state that qualifications and standards for the office of sheriff be determined and set so as to improve both the capabilities and training of those persons who hold the office of sheriff. With the increase of crime continuing as a major social problem in this state and with the understanding that the sheriff is the basic law enforcement officer of the several counties of this state, it is declared to be the intent of the General Assembly that proper qualifications and standards be required of the person holding the office of sheriff so as to increase the effectiveness and capabilities of the several sheriffs of this state as law enforcement officers to combat crime.
(b) General requirements. Except as otherwise provided in this Code section, sheriffs are elected, qualified, commissioned, hold their offices for the same term, and are subject to the same disabilities as the clerks of the superior courts.
(c) Qualifications. (1) No person shall be eligible to hold the office of sheriff unless he such person: (A) Is a citizen of the United States; (B) Has been a resident of the county in which he or she seeks the office of sheriff for at least two years immediately preceding the date of the election for sheriff; (C) Is a registered voter; (D) Has attained the age of at least 25 years prior to the date of his or her qualifying for election to the office; (E) Has obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council;

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JOURNAL OF THE HOUSE,

(F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a conviction of homicide by vehicle which occurred prior to January 1, 1965, and which did not involve the offense of driving a motor vehicle under the influence of alcohol or drugs shall not be considered a conviction under this subparagraph if such convicted person has received a pardon for such offense;
(G) Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the direction of the judge of the probate court and must be taken on or before, but no later than, the close of qualification for election to the office of sheriff;
(H) Gives a complete history of his or her places of residence for a period of six years immediately preceding his or her qualification date, giving the house number or RFD number, street, city, county, and state;
(I) Gives a complete history of his or her places of employment for a period of six years immediately preceding his or her qualification date, giving the period of time employed and the name and address of his or her employer; and
(J) Is a registered peace officer as provided in Code Section 35-8-10 or is a certified peace officer as defined in Chapter 8 of Title 35^ within six- months after taking office. Any person who is not a registered or certified peace officer at the time such person assumes the office of sheriff shall be required to complete satisfactorily the requirements for certification as a peace officer as provided in Chapter 8 of Title 35 at the first training course available after such person takes office; provided, however, that an extension of the time to complete such requirements may be granted by the Georgia Peace Officer Standards and Training Council upon the presentation of evidence by a sheriff that he or she was unable to complete the basic training course and certification requirements due to illness, injury, military service, or other reasons deemed sufficient by such council. The Georgia Peace Officer Standards and Training Council shall make every effort to ensure that space is available for newly elected sheriffs who are not certified or registered peace officers to attend the course as soon as possible after such persons take office. Such council shall notify the appropriate judge of the probate court whenever a newly elected sheriff who is not certified fails to become certified as a peace officer pursuant to the requirements of this subparagraph.
(2) Each person offering his or her candidacy for the office of sheriff shall, within 60 days prior to or at the time he such person qualifies:
(A) File with the officer before whom such person has qualified to seek the office of sheriff a certified copy of his or her birth certificate and a certified copy of his or her high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and
(B) Swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he or she has, meets, or will meet by the date of the election all of the qualifications required by this subsection and that he or she has complied with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of qualification for election to the office of sheriff.
(3) Each person offering to run for the office of sheriff and who is otherwise qualified shall be allowed, six months prior to qualifying and at his or her own expense, to attend the basic mandate course for peace officers. The Georgia Peace Officer Standards and Training Council shall work to ensure that space is available for such individuals to attend the course. (d) Training session. From and after January 1, 1980, every newly elected sheriff in his or her first term shall be required to complete a training session of no less than four weeks, to be conducted by any academy certified by the Georgia Peace Officer Standards and Training Council and as may be selected by the Georgia Sheriffs' Association. This training shall be completed during the first calendar year of the first term of the newly elected sheriffs term of office. Any newly elected sheriff who is unable to attend this training course when offered because of medical disability or providential cause

MONDAY, MARCH 14, 1994

2219

shall, within one year from the date such disability or cause terminates, complete the standard basic course ef instruction required ef police officers a course of instruction as determined by the Georgia Sheriffs' Association and approved by the Georgia Peace Officer Standards and Training Council. Any newly elected sheriff who does not fulfill the obligations of this subsection shall lose his or her power of arrest.
(e) Annual training. (1) From and after July 1, 1992, no person shall be eligible to hold the office of sheriff unless he or she attends a minimum of 20 hours' training annually as may be selected by the Georgia Sheriffs' Association.
(2) The basis for the minimum annual requirement of in-service training shall be the calendar year. Sheriffs who satisfactorily complete the basic course of training in accordance with the provisions of this chapter after April 1 in any calendar year shall be excused from the minimum annual training requirement for the calendar year during which the basic course is completed.
(3) A waiver of the requirement of minimum annual in-service training may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a sheriff that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council.
(4) Any person who fails to complete the minimum annual in-service training required under this Code section and who has not received a waiver of such requirement pursuant to paragraph (3) of this subsection shall not perform any of the duties of sheriff involving the power of arrest until such training shall have been successfully completed. In addition, the Governor may suspend from office without pay for a period of 90 days any sheriff who fails to complete the minimum annual in-service training required under this Code section. The probate judge of the county of the sheriffs residence shall appoint a person who meets the qualifications for sheriff pursuant to this Code section to assume the duties and responsibilities of the office of sheriff during any such period of suspension. (f) Exemption. The requirements of subparagraphs (c)(l)(D), (c)(l)(E), (c)(l)(H), and (c)(l)(J) of this Code section and the requirements of subsection (d) of this Code section shall be deemed to have been met by any person who shall have served as a duly qualified and elected sheriff of one of the several counties of this state for a period of two years."
Section 2. Said article is further amended by adding at the end of Code Section 15-16-8, relating to how vacancies are filled in the office of sheriff, a new subsection (d) to read as follows:
"(d) Notwithstanding the provisions of Code Section 45-5-1, the office of sheriff shall by operation of law be deemed vacated upon certification being made by the Georgia Peace Officer Standards and Training Council to the judge of the probate court of such county that a newly elected sheriff who is not a registered or certified peace officer at the time of taking office has failed to become a certified peace officer within the required time and pursuant to the provisions of subparagraph (c)(l)(J) of Code Section 15-16-1. Such vacancy shall be filled as provided in 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 substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux

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

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

Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler

2220

JOURNAL OF THE HOUSE,

Y Channel! 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 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
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
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 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 YPoag Y Polak Y Porter Y Poston Y Powell
E 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 YSnow Y 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 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 substitute.

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.

The following Committee substitute was read:

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 define a certain term; to provide exceptions; to provide that the failure of a telecommunications utility or company to provide access to a live operator shall not serve as a basis for a cause of action for personal injuries or damage to property; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service generally, is amended by adding at the end thereof a new Code Section 46-5-26 to read as follows:
"46-5-26. (a) Each telecommunications utility and telecommunications company that provides operator service shall ensure that a caller may obtain access to a live operator through a method designed to be easily and clearly understandable and accessible to the caller. A telecommunications utility or telecommunications company shall submit to the Public Service Commission the method by which the telecommunications utility or telecommunications company shall provide access to a live operator for review, except

MONDAY, MARCH 14, 1994

2221

for a telecommunications utility or telecommunications company whose operator services are under the jurisdiction, regulation, and rules of the Public Service Commission. This Code section applies regardless of the method by which the telecommunications utility or telecommunications company provides the operator service. The requirements of this Code section shall not apply to telephones located in prisons or jail facilities or to wireless telecommunication services. For the purpose of this Code section, 'operator services' means services that are provided when a caller dials '0' or '00.'
(b) The failure of a telecommunications utility or telecommunications company to provide access to a live operator as required in subsection (a) of this Code section shall not serve as the basis for a cause of action for personal injuries or damage to property."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Dixon of the 150th and Watson of the 139th move to amend the Committee substitute to SB 539 as follows:
On page 2, line 11, place a period after '"0"' and delete "or '00'."

The Committee substitute, as amended, was adopted.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield \' Birdsong
Y Bordeaux Y Bostick Y Breedlnve 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
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 N 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

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 N Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee N Lewis
Y Lord Y Lucas Y Maddox YMann
Martin Y McBee
McCHnton 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 N Polak
Y Porter Y Poston Y Powell
E 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
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
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 159, nays 4.

2222

JOURNAL OF THE HOUSE,

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

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

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

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.

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 accident and sickness insurance coverage for children and notice to employers.

The Senate has disagreed to the House amendments to the following Bill of the Senate:

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 provide for an appointing authority and a proposed area of operation.

The Senate adheres to its disagreement to the House amendment and has appointed
a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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 Annotated, relating to local family and children services, so as to change the composition, qualifications, and manner of selecting county boards of family and children services; to provide for terms and vacancies; to provide for a chairperson and vice chairperson; to provide for compensation and expenses; to provide for effective dates.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Marable of the 52nd, Thompson of the 33rd and Parrish of the 43rd.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

MONDAY, MARCH 14, 1994

2223

HB 2024.

By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A bill to amend an Act providing for the method of filling vacancies in the membership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies.

The following Senate amendment was read:

Amend HB 2024 by inserting a quotation mark at the end of line 27 on page 2. By striking lines 28 through 33 on page 2. By striking lines 1 through 8 on page 3.

Representative Childers of the 13th moved that the House agree to the Senate amendment to HB 2024.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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.

The following Senate amendment was read and adopted:

Amend HB 1376 by deleting the words "but not" on page 1, line 20.

Representative Harris of the 112th moved that the House disagree to the Senate amendment to HB 1376.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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 Annotated, relating to local family and children services, so as to change the composition, qualifications, and manner of selecting county boards of family and children services; to provide for terms and vacancies; to provide for a chairperson and vice chairperson; to provide for compensation and expenses; to provide for effective dates.

Representative Lee of the 94th moved that the House adhere to its position in amending SB 469 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:

2224

JOURNAL OF THE HOUSE,

Representatives Lee of the 94th, Cauthorn of the 35th and Sinkfield of the 57th.

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

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 Senate 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 provide that the Department of Human Resources has appeal rights independent from those enumerated specifically for patients; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking Code Section 37-3-150, relating to rights of mentally ill patients, in its entirety and inserting in lieu thereof the following:
"37-3-150. The patient, his the patient's representatives, or his the patient's attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him the patient by the court. The appeal rights provided to the patient, the patient's representatives, or the patient's attorney in this section are in addition to any other appeal rights which the parties may have, and the provision of the right for the patient, the patient's representatives, or the patient's attorney to appeal does not deny the right to the Department of Human Resources to appeal under the general appeal provisions of Code Sections 5-3-2 and 5-3-3."
Section 2. Said title is further amended by striking Code Section 37-3-166, relating to the maintenance, confidentially, 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 but not be limited to 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:

MONDAY, MARCH 14, 1994

2225

(1) When the chief medical officer of the facility where the record is kept deems it essential for continued treatment, a copy of 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 or guardian the parent of a minor, the legal 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) A copy of the record of a deceased patient or deceased 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, a copy of the patient's record or information contained in the record at from another facility, community mental health center, or in 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, a copy of the
patient's record or information contained in the record may be released to that facility, community mental health center, or private practitioner;
(4) The A copy of the record or any part thereof may be disclosed to any employee or staff member of the facility when it is necessary for the proper treatment of the patient;
(5) The A copy of the record shall be released to the patient's attorney if the attorney so requests and the patientj or the patient's legal guardian, 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 a copy of the patient's record to the treating physician or to the patient's psychologist;
(7) At the request of the patientj the patient's legal guardian, 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) The 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 legal representative of a deceased
patient's estate, 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 person is or has been a patient in a state facility, as well as the patient's current address, if known? j and
(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.
(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 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 patient information or communications shall not in any way
abridge or destroy the confidential or privileged character thereof, except for the purpose 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.

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JOURNAL OF THE HOUSE,

(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 treatment provides for such notice in the order issued pursuant to Code Section 37-3-81.1."
Section 3. Said title is further amended by striking Code Section 37-4-110, relating to rights of mentally retarded clients, and inserting in its place a new Code Section 37-4-110 to read as follows:
"37-4-110. The client, his the client's representatives, or his the client's attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The client must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The client shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for hi the client by the court. The appeal rights provided to the client, the client's representatives, or the client's attorney in this section are in addition to any other appeal rights which the parties may have, and the provision of the right for the client, the client's representatives, or the client's attorney to appeal does not deny the right to the Department of Human Resources to appeal under the general appeal provisions of Code Sections 5-3-2 and 5-3-3."
Section 4. 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 retardation, 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 but not be limited to 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, a copy of the record or parts thereof may be released to persons 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 parent or guardian the parent of a minor, the legal 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) A copy of the record of a deceased client or deceased 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, a copy of the record may be released to that facility or to that entity rendering such community services;
(4) The A copy of the record or any part thereof may be disclosed to any employee or staff member of the facility when it is necessary for the proper habilitation of the client;

MONDAY, MARCH 14, 1994

2227

(5) The A copy of the record shall be released to the client's attorney if the attorney so requests and the client2 or the client's legal guardian, consents to the release;
(6) In a bona fide medical emergency, as determined by a physician treating the client, the superintendent may release a copy of the client's record to the treating physician;
(7) At the request of the clientj the client's legal guardian, or his the client's attorney, the record shall be produced by the entity having custody thereof at any hearing held under this chapter;
(8) The 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 legal representative of a deceased client's estate, 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 person is or has been a client in a state facility, as well as the client's current address, if known;
(10) Parts A copy of the client's clinical record may be released under the conditions and for the uses and purposes set forth in Code Section 31-7-67; and
(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 has been a client in the facility, and the name, address, and last known whereabouts of any alleged client perpetrator. (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 purpose 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 5. Said title is further amended by striking Code Section 37-7-150, relating to the rights of alcoholic and drug dependent patients, and inserting in its place a new Code section 37-7-150 to read as follows:
"37-7-150. The patient, his the patient's representatives, or his the patient's attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him the

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JOURNAL OF THE HOUSE,

patient by the court. The appeal rights provided to the patient, the patient's representatives, or the patient's attorney in this section are in addition to any other appeal rights which the parties may have, and the provision of the right for the patient, the patient's representatives, or the patient's attorney to appeal does not deny the right to the Department of Human Resources to appeal under the general appeal provisions of Code Sections 5-3-2 and 5-3-3."
Section 6. 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 but not be limited to 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 er guardian the parent of a minor, the legal 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 deceased 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, a copy of the patient's record or information contained in the record at from another facility, community mental health center, or th 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, a copy of 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 A copy of the record or any part thereof may be disclosed to any employee or staff member of the facility when it is necessary for the proper treatment of the patient;
(4) T-he A copy of the record shall be released to the patient's attorney if the attorney so requests and the patient; or the patient's legal guardian, 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 a copy of the patient's record to the treating physician or to the patient's psychologist;
(6) At the request of the patientz the patient's legal guardian, or his 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; and
(8) Parts A copy of the patient's clinical record may be released under the conditions and for the uses and purposes set forth in Code Section 31-7-6; ]
(9) A copy of the record may be released to the legal representative of a deceased patient's estate, except for matters privileged under the laws of this state; and
(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. (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

MONDAY, MARCH 14, 1994

2229

be authorized to give evidence as to any matter concerning the patient, 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 patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose 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 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Hart of the 116th moved that the House disagree to the Senate substitute to HB 1405.
The motion prevailed.

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

SB 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 Annotated, 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.

The following amendment was read and adopted:

The Committee on Public Safety moves to amend SB 530 by adding in the title on line 6 of page 1 between the semicolon and the words "to provide" the following:
"to provide that the Safety Fire Commissioner is authorized and encouraged to inform the public through public service announcements of the availability of a limited number of battery-operated smoke detectors which may be obtained by persons in need without charge from the office of the Safety Fire Commissioner or local fire departments;".
By deleting the quotation marks at the end of line 5 of page 4 and adding between lines 5 and 6 of page 4 the following:
"(h) The Safety Fire Commissioner is authorized and encouraged to inform the public through public service announcements of the availability of a limited number of battery-operated smoke detectors which may be obtained by persons in need without charge from the office of the Safety Fire Commissioner or local fire departments.'".

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
N Bailey Baker
N Bannister N Barfoot Y Bargeron
Y Barnes

N Bates N Benefield
Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D
Y Brooks, T

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

Y Carlisle Y Carrell
N Carter Y Cauthorn Y Chambless N Chandler Y Channell
Y Childers

N Clark N Coker
N Coleman, B Coleman, T Colwell Connell Cox
Y Crawford

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JOURNAL OF THE HOUSE,

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

N Hembree Y Henson Y Holland Y Holmes
Howard
Y Hudson N Hughes Y Hugley Y Irvin
N James Y Jamieson Y Jenkins N Johnson, D.H
N Johnson, E N Johnson, G N Johnson, J
Johnston Y Jones N Joyce N Kaye Y Kinnamon N Klein
N Ladd N Lakly
Y Lane, D Y Lane, R Y Lawrence N Lawson

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

Y Polak Porter
Y Poston N Powell E Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert N Roberts N Royal Y Scoggins
N Shanahan Y Sherrill
Y Shipp Y Simpson
Y Sinkfield Y Skipper N Smith, C N Smith, L
Y Smith, P N Smith, T N Smith, V
N Smith, W Y Smyre Y Snow

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

On the passage of the Bill, as amended, the ayes were 92, nays 64.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 Children's Trust Fund and the State Children's Trust Fund Commission; to provide 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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 14 of Title 19 of the Official Code of Georgia Annotated, the "Child Abuse and Neglect Prevention Act," so as to remove references to initial terms of the State Children's Trust Fund Commission and a restriction on disbursement of funds prior to July 1, 1988; to authorize and direct such commission to establish criteria for determining eligibility for receipt of disbursements from the State Children's Trust Fund; to remove the duty of determining such criteria from the Department of Human Resources; to remove a provision relating to appropriation of certain funds to such trust fund; to provide that interest earned by trust fund money shall be credited to the trust fund; to provide for disbursements; to provide for related matters; to amend an Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), so as to change the date of repeal of such Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 19 of the Official Code of Georgia Annotated, the "Child Abuse and Neglect Prevention Act," is amended by striking in their entirety subsections (b) and (d) of Code Section 19-14-3, relating to establishment of the State Children's Trust Fund Commission, and inserting in lieu thereof new subsections to read as follows:

MONDAY, MARCH 14, 1994

2231

"(b) The State Children's Trust Fund Commission shall consist of 15 members appointed by the Governor and confirmed by the Senate. Members shall be appointed for terms of four years; their initial appointments, however, being five far four-year tcrma, five for three-year terms, and five for two-year terms. State officers or employees may be appointed to the commission unless otherwise prohibited by law; provided, however, that one citizen member shall be appointed from each congressional district. As a group, the citizen members shall demonstrate knowledge in the area of child abuse and neglect prevention and, to the extent practicable, shall represent private nonprofit agencies or individual professions which have special expertise or community involvement specifically in the area of child abuse prevention, professional providers of child abuse and neglect prevention services, and volunteers in child abuse and neglect prevention services."
"(d) The initial terms for aH members shall begin September i; 1987. Reserved."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 19-14-5, relating to powers and duties of the State Children's Trust Fund Commission, and inserting in its place a new subsection to read as follows:
"(a) The commission shall do all of the following: (1) Meet at such times and places as it shall determine necessary or convenient to
perform its duties. The commission shall also meet on the call of the chairperson or the Governor;
(2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Establish criteria for determining eligibility for receipt of disbursements from the trust fund; {4} (5) Accept applications for disbursements of available money from the trust fund for child abuse and neglect prevention purposes; {6} (6) Maintain records of all expenditures of the commission, funds received as gifts and donations, and disbursements made from the trust fund; and {6} (7) Conform to the standards and requirements prescribed by the state auditor pursuant to Chapter 6 of Title 50."
Section 3. Said chapter is further amended by striking in its entirety Code Section 19-14-8, relating to eligibility criteria for disbursements, which reads as follows:
"19-14-8. The Department of Human Resources under the direction of the commissioner of human resources and the Board of Human Resources shall develop and furnish to the commission criteria for determining eligibility for receipt of disbursements from the trust fund.", and inserting in lieu thereof the following:
"19-14-8. Reserved."

Section 4. Said chapter is further amended by striking in their entirety subsections (a) and (d) of Code Section 19-14-9, relating to disbursement of funds, and inserting in lieu thereof new subsections to read as follows:
"(a) The commission may authorize the disbursement of available money from the trust fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the Department ef Human Resources commission for exclusively the following purposes, which are listed in the order of preference for expenditure:
(1) To fund a private nonprofit or public organization in the development or operation of a prevention program if at least all of the following conditions are met:
(A) The organization demonstrates a broad-based community involvement emphasizing volunteer efforts and a demonstrated expertise in child abuse prevention issues;
(B) The organization demonstrates an ability to match, through money or in-kind services, a minimum of 50 percent of the amount of any trust fund money received. The amount and types of in-kind services are subject to the approval of the commission;

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(C) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and
(D) Other conditions that the commission may deem appropriate; (2) To fund services or facilities connected with child abuse and neglect prevention; and (3) To fund the commission created in Code Section 19-14-3 for the actual and necessary operating expenses that the commission incurs in performing its duties." "{tB Notwithstanding ay other provisions ef- this chapter te the contrary, e funds
SrlQil DC QlSDUFSCd rfOtft tllC tFU9t lUHQ pFlOF tO O"Uly rj lljoo, CXCCpt tO pfty OpCPfltttl^
expenses ef the commiaaion pursuant to paragraph {3} ef subsection {a} ef- this Code see-

Section 5. Said chapter is further amended by striking in its entirety Code Section 19-14-21, relating to the source of funds, and inserting in lieu thereof a new Code section to read as follows:
"19-14-21. {a} The director of the Office of Treasury and Fiscal Services shall credit to the trust fund all amounts appropriated or donated to such trust fund. All funds appropriated to or otherwise paid into the trust fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.
107 An fiinount cQUfll to fill IUHQS pflifl into tiic ^cncrsi trcflsury pursuflHt to OOQC Sections 16-6-77.4 etftA 16-0'60.1 i the immediately preceding yea* shall fee appropriated te the State Children's Trust Fund te implement ad eay etrt the provisions ef this chapter. This subsection shall be subject te the normal appropriation process."
Section 6. Said chapter is further amended by striking in its entirety Code Section 19-14-22, relating to investments, and inserting in lieu thereof a new Code section to read as follows:
"19-14-22. The director of the Office of Treasury and Fiscal Services shall invest trust fund money in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by trust fund money shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust fund."
Section 7. Said chapter is further amended by striking Code Section 19-14-23, relating to issuance of warrants, which reads as follows:
"19-14-23. After determining that a disbursement should be made pursuant to Code Section 19-14-9 and after approval of such disbursement by the Governor, the commission shall forward a certified copy of the order granting the payment to the Office of Treasury and Fiscal Services, which shall be authorized to draw a warrant or warrants upon the State Children's Trust Fund to pay the amount of the disbursement from such trust fund.", and inserting in its place the following:
"19-14-23. Disbursements made pursuant to Code Section 19-4-9 shall be paid out of the Children's Trust Fund in the state treasury by warrant of the Governor."
Section 8. An Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), is amended by striking Section 6 in its entirety, and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. This Act shall be repealed in its entirety effective Jttiy ir, 1006 July lj 2000."
Section 9. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

MONDAY, MARCH 14, 1994

2233

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 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
Y Epps Y Evans
Felton Y Floyd, J.M
Floyd, J.W
Y Godbee Y Golden Y Goodwin Y Greene Y Groover
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 Y James Y Jamieson
Jenkins Y Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J
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 Y Lucas Y Maddox YMann
Martin Y McBee Y McClinton Y McKinney Y 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
Poag Y Polak Y Porter
Y Poston Y Powell E 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

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 substitute.

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

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 following Senate substitute was read:

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, approved March 21, 1984 (Ga. L. 1984, p. 4524), so as to provide that the chief magistrate shall be elected; to provide for vacancies; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the appointment of the chief magistrate of the Magistrate Court of McDuffie County by the judges of superior court, approved March 21,

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JOURNAL OF THE HOUSE,

1984 (Ga. L. 1984, p. 4524), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The chief magistrate of the Magistrate Court of McDuffie County serving on the effective date of this Act shall continue in office until December 31, 1996. A successor shall be elected as provided in Section 3 of this Act."
Section 2. Said Act is further amended by striking subsection (a) of Section 3 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The chief magistrate of the Magistrate Court of McDuffie County shall be elected in a partisan election by the voters of the county at the general election on the Tuesday following the first Monday in November, 1996, for a four-year term of office beginning on the first day of January following such election. Successors shall be elected quadrennially thereafter for terms beginning on the first day of January following their election."
Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of McDuffie County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of McDuffie County for approval or rejection. The election superintendent shall conduct that election on date of the general election to be held on the Tuesday following the first Monday 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 McDuffie County. The ballot shall have written or printed thereon the words:
YES Shall the Act be approved which provides that the chief magistrate of the NO Magistrate Court of McDuffie County shall be elected?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections 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 McDuffie County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Harris of the 112th and Bargeron of the 120th was read and adopted:

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, approved March 21, 1984 (Ga. L. 1984, p. 4524), so as to provide that the chief magistrate shall be elected; to provide for vacancies; to provide that the position of chief magistrate shall be full time; to change the compensation of the chief magistrate; to provide for a referendum; to provide for submission of this Act to the United States Department of Justice for approval; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the appointment of the chief magistrate of the Magistrate Court of McDuffie County by the judges of superior court, approved March 21, 1984 (Ga. L. 1984, p. 4524), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

MONDAY, MARCH 14, 1994

2235

"Section 2. The chief magistrate of the Magistrate Court of McDuffie County serving on the effective date of this Act shall continue in office until December 31, 1996. A successor shall be elected as provided in Section 3 of this Act."
Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) The chief magistrate of the Magistrate Court of McDuffie County shall be elected in a partisan election by the voters of the county at the general election on the Tuesday following the first Monday in November, 1996, for a four-year term of office beginning on the first day of January following such election. Successors shall be elected quadrennially thereafter for terms beginning on the first day of January following their election.
(b) The clerk of the magistrate court shall serve as chief magistrate in the event of any vacancy in the office of chief magistrate, if there are less than six months remaining in the unexpired term. If the vacancy is for a period of more than six months, a special election shall be held to fill such vacancy. The special election shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A.
(c) On and after the effective date of this Act, the position of chief magistrate of McDuffie County shall be full time.
(d) The chief magistrate in office on the effective date of this Act shall continue to receive the same compensation until the expiration of the current term of office. On and after January 1, 1997, the compensation of the chief magistrate shall be $25,000.00 per year, to be paid in equal monthly installments from county funds. The compensation of the chief magistrate shall be increased annually by the same percentage or same amount of any cost-of-living increase received by employees in the classified service of the state merit system, if any. If necessary, the Office of Planning and Budget shall calculate the average percentage increase or average amount increase received by state employees. The compensation of the chief magistrate shall not be decreased during a term of office."
Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of McDuffie County shall call and conduct an election as provided in this section for the purpose of submitting that portion of this Act which provides for the election of the chief magistrate to the electors of McDuffie County for approval or rejection. The election superintendent shall conduct that election either on the date of the general primary or on the date of the general election to be held on the Tuesday following the first Monday in November, 1994, and shall issue the call and conduct that election as provided by general law, provided that the election to submit such question shall be held on the first of such dates after approval of this Act by the United States Department of Justice. 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 McDuffie County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides that the chief magistrate of the ( ) NO Magistrate Court of McDuffie County shall be elected?"
All persons desiring to vote for approval shall vote "Yes," and those persons desiring to vote for rejection shall vote "No." If more than one-half of the votes cast on such question are for approval, that portion of the Act providing for the election of the chief magistrate shall become of full force and effect immediately. If that portion of the Act providing for the election of the chief magistrate is not so approved or if the election is not conducted as provided in this section, that portion of the Act shall not become effective and shall be automatically repealed on the first day of January immediately following that election date. The remaining provisions of this Act shall not be affected by the defeat of that portion of the Act providing for election of the chief magistrate and shall become effective as provided in Section 5 of this Act.
The expense of such election shall be borne by McDuffie County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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Section 4. It shall be the duty of the governing authority of McDuffie 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 5. Except as provided in Section 3, this Act shall become effective for all other purposes upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Harris of the 112th moved that the House agree to the Senate substitute, as substituted by the House, to HB 1633.
The motion prevailed.

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

MONDAY, MARCH 14, 1994

2237

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
Representative Lane of the 55th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 2028 Do Pass, by Substitute SB 655 Do Pass, by Substitute SB 656 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 55th
Chairman
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 282. By Representatives Twiggs of the 8th and Colwell of the 7th:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share of funding under the "Quality Basic Education Act," so as to change the provisions relating to the limitation on local fair share funds.
The Senate adheres to its substitute and has appointed a Committee of Conference on 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 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 renegotiation and filing.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Slotin of the 39th, Newbill of the 56th and Perdue of the 18th.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Resolution of the Senate:

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SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th, Ragan of the llth and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has contracted; to provide for the submission of this amendment for ratification or rejection.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Coleman of the 1st, Hill of the 4th and Perdue of the 18th.

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

HB 1130.

By Representatives Godbee of the 145th, Coleman of the 142nd, Murphy of the 18th, Purcell of the 147th, Taylor of the 134th and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year, so as to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, conditions, and costs of such program.

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

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 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.

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

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 Institutions 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 Senate insists on its amendments to the following Bill of the House:

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 contracts for the purchase of certain residential property shall have a "Binding Arbitration and Warranty Disclosure Statement".

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The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

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 Annotated, relating to participation in or contribution to political campaigns by employees of the Department of Public Safety, so as to provide for an exception; 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Guhl of the 45th, Bowen of the 13th and Cheeks of the 23rd.

The Senate insists on its amendments to the following Bills of the House:

HB 800. By Representatives Jenkins of the 110th, Smith of the 109th and Lucas of the 124th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that certain charges with respect to certain coin operated devices shall constitute retail sales for purposes of state sales and use taxation; to repeal an exemption from state sales and use tax with respect to certain gross revenues of certain amusement machines.

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 Annotated, 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 Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

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 subdivision of this state may regulate honeybee production or maintenance.

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

HB 2042.

By Representative Streat of the 167th:
A bill to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson, so as to reapportion the county; to provide for new districts.

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

HB 533. By Representatives Stanley of the 50th, Davis of the 48th, Martin of the 47th, Randall of the 127th and Stanley of the 49th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and morals, so as to provide penalties for contributing to the delinquency of a minor by soliciting, coercing, intimidating, or conspiring with a minor to commit a violent crime.

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.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills 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 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 certain provisions regarding the bidding of utility contracting work.

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 misleading the general public concerning their employment with or association with a law enforcement agency.

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

HB 1136.

By Representative Dixon of the 150th:
A bill to amend Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to applicability of traffic laws to roads within the Georgia Ports Authority's jurisdiction, so as to provide that police officials of the ports authority shall be authorized to issue citations to illegally parked vehicles in specified areas within the grounds of the ports authority.

HB 1512. By Representative Hanner of the 159th:
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 regulations establishing the gear and methods allowed for bait shrimping; to provide for the sale of live bait shrimp between bait dealers.

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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 Resolutions of the House were read and adopted:

HR 1157. By Representative Lane of the 55th:
A resolution commending the staff of the State Planning and Community Affairs Committee.

HR 1158. By Representative Moore of the 113th: A resolution commending the Evans High School Band.

HR 1159. By Representative Moore of the 113th: A resolution commending the Lakeside High School Band.

HR 1160. By Representatives Towery of the 30th, Ehrhart of the 36th, Atkins of the 29th, Coker of the 31st, Shipp of the 38th and others:
A resolution commending Briggs and Bette Goggans.

HR 1161. By Representative Barnes of the 33rd:
A resolution recommending that Major William Gifford be inducted into the Georgia Aviation Hall of Fame.

HR 1162.

By Representatives Smyre of the 136th, Buck of the 135th, Murphy of the 18th, Lee of the 94th and Walker of the 141st:
A resolution commending the University System of Georgia Outstanding Scholars on Academic Recongition Day.

HR 1163. By Representatives Williams of the 114th, Coker of the 31st, Atkins of the 29th, Towery of the 30th and Ehrhart of the 36th:
A resolution commending David J. Shafer.

HR 1164. By Representative Ehrhart of the 36th:
A resolution commending and recognizing the Honorary Commanders Association.

HR 1165. By Representative Powell of the 23rd: A resolution commending Mr. Walter King.

HR 1166. By Representative Powell of the 23rd: A resolution commending Mrs. Melba Temple.

HR 1167. By Representative Powell of the 23rd: A resolution commending Miss Julia Jeanette "Jenna" Dove.

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HR 1168.

By Representatives Dixon of the 150th, Mueller of the 152nd, Johnson of the 153rd, Pelote of the 149th, Bordeaux of the 151st and others:
A resolution commending WTOC Television in Savannah, Georgia, on its 40th anniversary.

HR 1169.

By Representatives Teague of the 58th, Brooks of the 54th, Sinkfield of the 57th, Randall of the 127th and McKinney of the 51st:
A resolution commending Earl C. Robinson.

HR 1170.

By Representative Burkhalter of the 41st:
A resolution recognizing this state's relationship with the Republic of China on Taiwan and the participation of that republic in the international community.

HR 1171. By Representatives Byrd of the 170th and Mosley of the 171st: A resolution commending the Jeff Davis County Midget Boys baseball team.

HR 1172.

By Representatives Byrd of the 170th and Mosley of the 171st:
A resolution commending the staff of the Altamaha Regional Development Center and the Altamaha Area Agency on Aging.

HR 1173. By Representative Powell of the 23rd: A resolution commending Mayor Charles Bradshaw.

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 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 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.

Representative Skipper of the 137th moved that the House insist on its position in disagreeing to the Senate amendments to HB 1825 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 Skipper of the 137th, Childers of the 13th and Carrell of the 87th.

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

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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 Annotated, 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 management systems are subject to reexamination by such department.

The following Senate substitute was read:

A BILL
To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change the provisions relating to standards for individual sewage management systems; to provide that on-site individual sewage management systems properly approved shall be approved for installation in every county in the state; to provide conditions under which such on-site individual sewage management systems are subject to reexamination by such department; to amend Code Section 31-3-5.1 of the Official Code of Georgia Annotated, relating to regulations for septic tanks or individual sewage management systems in unincorporated areas, so as to repeal certain provisions relating to the applicability of certain regulations adopted by a county board of health; 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 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by striking in its entirety Code Section 31-2-7, relating to standards for individual sewage management systems, and inserting in lieu thereof a new Code Section 31-2-7 to read as follows:
"31-2-7. (a) As used in this Code section, the term: (1) 'Individual sewage management system' shall mean a self-contained, on-site
sewage treatment plant or component of such plant designed to serve no more than one residence and approved for such use by the director of the Environmental Protection Division of the Department of Natural Resources.
(2) 'Properly approved' means any individual sewage management system or component of such system which is designed to be physically incapable of a surface discharge of untreated sewage and which:
(A) Has been approved in a regulation promulgated by the department; or (B) Has been approved for use per the manufacturer's recommendations by the boards of health in a minimum of ten counties and has performed satisfactory service for a period of three years or longer. (3) 'Satisfactory service' means that the supervisor of the county on-site program has stated in writing that an individual sewage management system or component thereof has performed in an acceptable manner. (4) 'Unsatisfactory service' means documented substandard performance as compared to other approved systems or components. (b) The Department of Human Resources shall have the authority as it deems necessary and proper to adopt state-wide minimum standards for on-site, individual sewage management systems, including but not limited to standards for the size and construction of septic tanks. The department is authorized to require that any on-site, individual sewage management system be examined and approved prior to allowing the use of such system in the state. Any on-site, individual sewage management system which has been properly approved shall, by virtue of such approval and by operation of law, be approved for installation in every county of the state; provided, however, that Upon upon written request of three or more county boards ef- health districts, the department is authorized to require the reexamination of any such system or component thereof,

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provided that documentation is submitted indicating unsatisfactory service of such system or component thereof. Before any such examination or reexamination, the department may require the person, persons, or organization manufacturing or marketing the system to reimburse the department or its agent for the reasonable expenses of such examination. As used in this Code section, the term 'individual sewage management sys-
moPC tfifln one residence find flpprovcd tor sttcii use oy trie director of the Ejnviponmen tal Protection Division ef the Department ef Natural Resources."
Section 2. Code Section 31-3-5.1 of the Official Code of Georgia Annotated, relating to regulations for septic tanks or individual sewage management systems in unincorporated areas, is amended by striking in its entirety subsection (c) which reads as follows:
"(c) The regulations of a county board of health adopted pursuant to the authority of paragraphs (1) through (5) of subsection (a) of this Code section shall control over any conflicting or inconsistent rules or regulations of the Department of Human Resources adopted pursuant to Chapter 2 of this title or pursuant to any other law."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Childers of the 13th moved that the House disagree to the Senate substitute to HB 1658.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 1130. By Representatives Godbee of the 145th, Coleman of the 142nd, Murphy of the 18th, Purcell of the 147th, Taylor of the 134th and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year, so as to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, conditions, and costs of such program.
Representative Godbee of the 145th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1130 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Godbee of the 145th, Purcell of the 147th and Sherrill of the 62nd.
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:
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.

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The following Senate amendment was read:

Amend HB 1963 by inserting on line 9 of page 1 after "matters;" the following:
"to provide for an effective date;". By inserting between lines 23 and 24 of page 1 the following:
"Section 1.5. This Act shall become effective at the beginning of the next term of the sheriff of Walton County, January 1, 1997.".

Representative Carrell of the 87th moved that the House agree to the Senate amendment to HB 1963.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

HB 2038.

By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th:
A bill to create the Houston County School District Building Authority as a public corporation and an instrumentality of the State of Georgia.

The following Senate amendment was read:

Amend HB 2038 by striking from line 1 of page 8 the word "interest" and inserting in lieu thereof the word "interests".
By striking from line 24 of page 10 the word "tools" and inserting in lieu thereof the word "tolls".
By striking from line 26 of page 10 the word "form" and inserting in lieu thereof the word "from".
By striking from line 1 of page 15 the word "tools" and inserting in lieu thereof the word "tolls".

Representative Watson of the 139th moved that the House agree to the Senate amendment to HB 2038.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

HB 2042.

By Representative Streat of the 167th:
A bill to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson, so as to reapportion the county; to provide for new districts.

The following Senate substitute was read:

A BILL
To amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 2252), an Act approved March 27, 1968 (Ga. L. 1968, p. 2882) and an Act approved March 20, 1990 (Ga. L. 1990, p. 4234),

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so as to reapportion the county; to provide for new districts; to provide for a chairperson and five commissioners; to provide for definitions and inclusions; to provide that the current members of the board of commissioners shall complete the terms for which they were elected; to provide for qualifications, election by majority vote, filling of vacancies, compensation, and terms of office of the chairperson and members of the board; to provide for duties and powers of the chairperson; to provide for submission for approval; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of commissioner of roads and revenues in the County of Atkinson, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 2252), an Act approved March 27, 1968 (Ga. L. 1968, p. 2882) and an Act approved March 20, 1990 (Ga. L. 1990, p. 4234), is amended by striking in their entirety Sections 1 through 6 and inserting in lieu thereof the following:
"Section 1. (a) The board of commissioners of Atkinson County shall be composed of a chairperson and five other members, to be elected as provided in this section.
(b) For the purposes of electing members to the board of commissioners, Atkinson County shall be divided into five commissioner districts as follows:
COMMISSIONER DISTRICT 1 All of the area within the City Limits Lines of the City of Willacoochee.
COMMISSIONER DISTRICT 2 Beginning at a point where the centerline of the Old Douglas Road (also known as
King Street) intersects the City Limits Line of the City of Pearson; thence running in a southerly direction along said City Limits Line around the western side of the City of Pearson to a point where the Pearson City Limits Line intersects with the centerline of U.S. Highway 221; thence continuing in a northerly direction around the Eastern side of the City of Pearson along said Pearson City Limits Line to a point where the Pearson City Limits Line intersects the centerline of U.S. Highway 82; thence continuing in a Westerly direction along the centerline of U.S. Highway 82 to a Point where the centerline of U.S. Highway 82 intersects the centerline of King Street (also known as the Old Douglas Rd); thence continuing in a Northerly direction along the centerline of King Street to a point where the centerline of King Street intersects the Pearson City Limits Line and the point of beginning. COMMISSIONER DISTRICT 3
Beginning at a point where the centerline of U.S. Highway 441 intersects with the Atkinson-Coffee County Line and from said point of beginning running in a southerly direction along the centerline of U.S. Highway 441 until the centerline of U.S. Highway 441 intersects with the centerline of County Road 86; thence continuing in a Westerly direction along the centerline of County Road 86 to a point where the centerline of County Road 86 intersects the centerline of the Old Douglas Road; thence continuing in a Southerly direction along the centerline of the Old Douglas Road to a point where the centerline of the Old Douglas Road intersects the City Limits of the City of Pearson; thence continuing in a southerly direction along said City Limits around the western side of the City of Pearson to a point where the Pearson City Limits Line intersects with the centerline of U.S. Highway 221; thence continuing Southwesterly along the centerline of U.S. Highway 221 to a point where the Centerline of U.S. Highway 221 intersects the Atkinson-Clinch County line; thence continuing in a Westerly direction along the Atkinson-Clinch County line to a Point where the Atkinson-Clinch County Line intersects the Atkinson-Lanier County Line; thence continuing along the Atkinson-Lanier County Line in a Westerly direction to a point where the Atkinson-Lanier County Line intersects the Atkinson-Berrien County Line; thence continuing in a Northerly direction to a point where the Atkinson-Berrien County Line intersects the Atkinson-Coffee County Line; thence continuing in an Easterly direction along the Atkinson-Coffee County Line to a point where the Atkinson-Coffee County Line intersects the centerline of U.S. Highway 441, the point of beginning.

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LESS AND EXCEPT: All of the area within the City Limits Line of the City of Willacoochee which is contained in ELECTION DISTRICT 1. COMMISSIONER DISTRICT 4
Beginning at a point where the centerline of U.S. Highway 441 intersects with the Atkinson-Coffee County Line and from said point of beginning running in a southerly direction along the centerline of U.S. Highway 441 until the centerline of U.S. Highway 441 intersects with the centerline of County Road 86; thence continuing in a Westerly direction along the centerline of County Road 86 to a point where the centerline of County Road 86 intersects the centerline of the Old Douglas Road; thence continuing in a Southerly direction along the centerline of the Old Douglas Road to a point where the centerline of the Old Douglas Road intersects the centerline of U.S. Highway 82; thence continuing Easterly along the centerline of U.S. Highway 82 to a point where the Centerline of U.S. Highway 82 intersects intersects with the centerline of County Road 233; thence continuing Northerly along the centerline of County Road 233 to a point where the Centerline of County Road 233 intersects with the centerline of Georgia Highway 64; thence continuing in a Northerly direction along the centerline of Georgia Highway 64 to a point where the centerline of Georgia Highway 64 intersects the Atkinson-Coffee County Line thence continuing in an Westerly direction along the Atkinson-Coffee County Line to a point where the Atkinson-Coffee County Line intersects the centerline of U.S. Highway 441, the point of beginning. COMMISSIONER DISTRICT 5
Beginning at a point where the centerline of State Highway 64 intersects with the Atkinson-Coffee County Line and from said point of beginning running in a southerly direction along the centerline of State Highway 64 until the centerline of State Highway 64 intersects with the centerline of County Road 233; thence continuing in a Southerly direction along the centerline of County Road 233 to a point where the centerline of County Road 233 intersects the centerline of U.S. Highway 82; thence continuing in a Westerly direction along the centerline of the U.S. Highway 82 to a point where the centerline of the U.S. Highway 82 intersects the City Limits of the City of Pearson; thence continuing in a southerly direction along said City Limits around the Southeastern side of the City of Pearson to a point where the Pearson City Limits Line intersects with the centerline of U.S. Highway 221; thence continuing Southwesterly along the centerline of U.S. Highway 221 to a point where the Centerline of U.S. Highway 221 intersects the Atkinson-Clinch County line; thence continuing in an Easterly direction along the Atkinson-Clinch County line to a Point where the Atkinson-Clinch County Line intersects the Atkinson-Ware County Line; thence continuing along the Atkinson-Ware County Line in a Northerly direction to a point where the Atkinson-Ware County Line intersects the Atkinson-Coffee County Line; thence continuing in a Westerly direction along the Atkinson-Coffee County Line to a point where the Atkinson-Coffee County Line intersects the centerline of Georgia Highway 64, the point of beginning,
(c) For purposes of subsection (b) of this section:
(1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;

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(5) Any part of Atkinson County which is not included in any commissioner district described in subsection (b) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of Atkinson County which is described in subsection (b) of this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 2. (a) Each of the five members of the board other than the chairperson shall be elected by the electors of the district from which he or she offers. Candidates for members of the board other than the chairperson shall have been residents of the respective commissioner districts from which they offer for at least one year prior to the date of election. (b) The chairperson of the board shall be elected by the electors of the entire county. Candidates for chairperson shall have been residents of the county for at least one year prior to the date of election. (c) To be elected as chairperson or member of the board, a candidate shall receive a majority of the votes cast for the office for which he or she is a candidate. In the event no person receives a majority of the votes cast for an office, then it shall be the duty of the election superintendent of Atkinson County to hold and conduct a run-off election between the two candidates receiving the highest number of votes for such office in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' Section 3. In the event of a vacancy in the office of chairperson or member of the board of commissioners for any reason other than expiration of a term of office, the remaining members of the board, including the chairperson unless the office of chairperson is vacant, shall elect a person to serve for the unexpired term. If the vacancy is for a member other than the chairperson, the person elected to fill the vacancy shall live in the commissioner district in which the vacancy occurred. In the event a member of the board other than the chairperson moves such member's residence from the district, a vacancy shall exist in such district and shall be filled in the same manner as other vacancies. Section 4. The members of the board serving as such on the effective date of this Act shall complete the terms for which they were elected, which shall expire on December 31, 1996, and when their respective successors are elected and qualified. In the general election in 1996, a chairperson and a member for each commissioner district shall be elected for terms of four years. The chairperson and members of the board elected in 1996 shall take office on the first day of January, 1997, and serve for terms of four years and until their successors are elected and qualified. Thereafter, the chairperson and members of the board shall be elected quadrennially in the general election preceding the expiration of the terms of the chairperson and members then in office, shall take office on the first day of January in the succeeding year, and shall serve for terms of four years and until their successors are elected and qualified. Section 5. (a) The chairperson of the board of commissioners, who shall devote full time to the duties of such office, shall receive a salary of $24,000.00 annually, and a county vehicle, with the cost of maintenance and fuel for such vehicle paid by the county. (b) The other members of the board shall receive $100.00 per month as full compensation for their duties. Section 6. The chairperson shall preside over meetings of the board of commissioners and shall vote on questions before the board only in the event of a tie vote by other members of the board."
Section 2. It shall be the duty of the governing authority of Atkinson County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

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Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Streat of the 167th moved that the House agree to the Senate substitute to HB 2042.
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 following Bill of the Senate was taken up for consideration and read the third time:

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.

The following amendment was read:

Representative Joyce of the 1st moves to amend SB 438 by striking "Article 3 of from line 1 of page 1.
By striking "the selection of jurors" and inserting in its place "juries" on lines 2 and 3 of page 1.
By inserting between "jurors;" and "to" on line 4 of page 1 the following:
"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; to provide for a mistrial or reversal upon appeal; to provide for related matters;".
By striking "an effective date" and inserting in its place "for effective dates" on line 4 of page 1.
By striking "Article 3 of from line 7 of page 1.
By striking "the selection of jurors" and inserting in its place "juries" on lines 8 and 9 of page 1.
By inserting between lines 16 and 17 of page 1 the following:
"Section 2. Said chapter is further amended by adding a new Code section at the end thereof to read as follows:
'15-12-143. (a) In a criminal case, before the jury hears the case and again before jury deliberations begin, the judge shall inform the jury that pursuant to Article I, Section I, Paragraph XI of the Constitution of Georgia, the jury shall be the judges of the law and the facts in that case.
(b) Any party to the case may also present arguments to the jury regarding the spirit, intent, and merits of the law itself, the extent to which applying the law would infringe upon some right claimed by the party or upon the fundamental rights of any individual, and the applicability of the law to the facts of the case at hand.
(c) Failure to inform the jury, to hear the jury's acknowledgment by oath that they understand the information given them, or any other infraction of the provisions of

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this Code section shall be grounds for mistrial and another trial by jury or reversal on appeal.'"
By striking from lines 17 through 21 of page 1 the following:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.",
and inserting in its place the following:
"Section 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its becoming law without such approval.
(b) Section 2 of this Act shall become effective on 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:

N Ashe N Atkins
N Bailey N Baker N Bannister N Barfoot
Bargeron
N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y 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 Channell
N Childers Y Clark N Coker N Coleman, B
Coleman, T

N Colwell Connell
N Cox N Crawford Y Crews
N Culbreth N Cummings N Davis, G Y Davis, M N Dickinson NDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans N 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 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 Y Johnson, D.H N Johnson, E
Johnson, G N Johnson, J
Johnston N Jones
Y Joyce YKaye N Kinnamon Y Klein
N Ladd Y Lakly N Lane, D N Lane, R N Lawrence
Lawson
N Lee N Lewis N Lord N Lucas Y Maddox Y Mann N Martin N McBee N McClinton
McKinney N Milam
Mills

N Mobley. B N Mobley, J N Moore
N Mosley Y Mueller E Oliver N O'Neal N Orrock N Padgett E Parham N Parrish
Patten N Pelote N Perry N Pinholster
N Poag N Polak N Porter
Poston N Powell E Purcell, A N Purcell, B
N Randall N Randolph
N Ray 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 18, nays 141. The amendment was lost.

N Smith. C N Smith, L N Smith, P N Smith, T
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 N Teper N Thomas N Tillman N Titus
Towery N Trense N Turnquest N Twiggs N Vaughan N Walker N Wall N Watson N Watts Y Westmorland N White
Williams, B N Williams, R
Yates N Yeargin
Murphy, Spkr

The following amendment was read:

Representative Davis of the 60th moves to amend SB 438 as follows: Line 16, remove quotation mark and add the following:

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2251

No juror during the time period between impanelment of and discharge of the jury, shall communicate with any non juror concerning the matter which said juror is considering and in the event said communication should occur, then said communication shall be cause for the trial judge to order a new trial.

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
Bargenm N Barnes N Bates N Benefield
N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown
NBuck N Buckner Y Bunn Y Burkhalter N Byrd Y Campbell N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless
N Chandler N Channell N Childers Y Clark N Coker Y Coleman, B
Coleman, T

N Colwell Connell
N Cox
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 Floyd, J.W
N Godbee N Golden
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 N Johnson, D.H
Y Johnson, E Johnson, G
Y Johnson, J Johnston
N Jones Y Joyce YKaye Y Kinnamon N Klein YLadd Y Lakly N Lane, D N Lane, R Y Lawrence Y Lawson NLee N Lewis NLord N Lucas Y Maddox Y Mann N Martin
N McBee N McClinton
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 E Parham N Parrish N Patten Y Pelote
N Perry Y Pinholster YPoag
N Polak N Porter N Poston Y Powell E Purcell, A N Purcell, B
N Randall N Randolph
NRay 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 Y Stephenson N Sweat 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 Y Westmoreland
N White Williams, B
N Williams, R Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 47, nays 118. 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 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 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
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 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

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Y Johnson, D.H Y Johnson, E
Johnson, G
Y Johnson, J Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd
Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas

Y Maddox
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 E 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 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 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.

The following Bills of the House and Senate were taken up for consideration and read the third time:

HB 2028.

By Representative Stephenson of the 25th:
A bill to amend an Act entitled "An Act incorporating the Town of Pendergrass, in the County of Jackson," so as to provide a new charter for the City of Pendergrass.

The following Committee substitute was read and adopted:

A BILL
To amend an Act entitled "An Act incorporating the Town of Pendergrass, in the County of Jackson," approved December 30, 1890 (Ga. L. 1890-91, Vol. II, p. 681), as amended, particularly by an Act approved August 21, 1906 (Ga. L. 1906, p. 979), and an Act approved April 21, 1967 (Ga. L. 1967, p. 3474), so as to provide a new charter for the City of Pendergrass; to provide for the incorporation and powers of the city; to provide for the mayor and city council; to provide for qualification for office and for compensation; to provide for the powers and duties of the mayor and council; to provide for the mayor pro tempore; to provide for the organizational meeting; to provide for elections and terms; to provide for vacancies and removal from office; to provide for the organization and administration of the governing authority; to provide for city officers, boards, and commissions; to provide for matters related to finance; to provide for the levy and collection of taxes and fees; to provide for purchasing, contracting, and disposition of property; 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:
ARTICLE I
Incorporation, Powers, Boundaries
Section 1-101. Incorporation; name. The city of Pendergrass, Georgia, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Pendergrass, referred to in this charter as the "city." The city shall be the legal continuation and successor to the city as heretofore incorporated, shall continue to be

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vested with all the property and rights of property which now belong to the city, and shall have perpetual succession.
Section 1-102. General powers, (a) The city shall have all the powers, duties, rights, privileges, and immunities vested in the city now or hereafter granted to municipal corporations by the Constitution, by the general laws of the State of Georgia, and by this charter. The city shall exercise and enjoy all powers of self-government not specifically prohibited by the Constitution, the general laws of the State of Georgia, or this charter, including all powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, and general welfare of the city and of its inhabitants, and all implied powers necessary to carry into execution all powers granted as fully and completely as if these powers were enumerated in this charter.
(b) The city may sue and be sued; may contract and be contracted with; may acquire and hold any property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it and from time to time may hold or invest, sell or dispose of any of its property; and may have a common seal and alter it at will.
(c) No enumeration of particular powers in this charter shall be held to be exclusive of others 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 1-103. Specific powers; certain powers enumerated, (a) The city may acquire, construct, and maintain, by condemnation or otherwise, inside or outside the city limits, public ways, streets, sidewalks, parks, public grounds, cemeteries, public buildings, libraries, sanitary landfills, sewers, drains, sewage treatment or waterworks systems, electrical or gas systems, airports, hospitals, and charitable, educational, flood control, recreational, sport, curative, corrective, detentional, penal, and medical institutions, areas, and facilities, and any other public improvement. The city, by ordinance, may establish and enforce rules and regulations necessary to preserve order, peace, and dignity on any property or facilities so acquired inside or outside the corporate limits of the city.
(b) (1) The city shall be authorized to make special assessments with or without petition against benefited property within its corporate limits for:
(A) Constructing, reconstructing, paving, widening, installing curbs and gutters, and otherwise building and improving streets;
(B) Constructing, reconstructing, paving, widening, and otherwise building or improving sidewalks in any public street;
(C) Constructing, reconstructing, extending, and otherwise building or improving water systems;
(D) Constructing, reconstructing, extending, and otherwise building or improving sanitary sewer lines; and
(E) Constructing, reconstructing, extending, and otherwise building or improving sewage disposal systems. (2) Assessments may be made on the basis of:
(A) The frontage abutting on the project, at an equal rate per foot of frontage; (B) The area of land served or subject to being served by the project, at an equal rate per unit of area; (C) The value added to the land served by the project or subject to being served by it, being the difference between the appraised value of the land without improvements as shown on the tax records of the county and the appraised value of the land with improvements according to the appraisal standards and rules adopted by the county at its last revaluation, at an equal rate per dollar of value added; (D) The number of lots served or subject to being served, where the project involves extension of an existing system to a residential or commercial subdivision, at an equal rate per lot; or (E) A combination of two or more of these bases.

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Whenever the basis selected for assessment is either area or value added, the mayor and council may provide for the laying out of benefit zones according to the distance of benefited property from the project being undertaken and may establish differing rates of assessment to apply uniformly throughout each benefit zone. For each project, the mayor and council shall endeavor to establish an assessment method from among the bases set out in this section which will most accurately assess each lot or parcel of land according to the benefit conferred upon it by the project. The mayor and council's decision as to the method of assessment shall be final and conclusive and not subject to further review or challenge.
(3) The procedures for execution of the power and authority granted in this charter, including payment of assessments, liens for assessments against property, and the issuance, levy, and collection of executions, shall be as prescribed by ordinance or resolution of the mayor and council. (c) The mayor and council shall have power and authority to remove or cause to be removed all buildings, porches, steps, fences, or other obstruction or nuisances in public streets, lanes, alleys, sidewalks, squares, parks, or other public ways in the city; to fill up all open cellars or excavations in the city or cause the owners to do so; and to condemn and remove, or cause to be removed, all dilapidated or unsafe structures which they may consider a nuisance or dangerous to the health or lives of the people of the city.
Section 1-104. Construction of powers. The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention a particular power shall not be construed as limiting in any way the powers of the city.
Section 1-105. Boundaries; official map. The corporate boundaries of the city shall extend one-half mile in every direction from the depot of the Gainesville, Jefferson, and Southern Railroad in said city. The clerk of council shall maintain a current map and written legal description indicating the boundaries of the city. Photographic, typed, or other copies of the map or description certified by the clerk of council shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.
ARTICLE II
The Mayor and Council
CHAPTER 1
General Provisions
Section 2-101. Creation; number; term of office. There shall be a mayor and council composed of the mayor and four councilmembers elected as provided in Article III of this charter for four-year staggered terms of office.
Section 2-102. Qualifications of office, (a) To be eligible for election or appointment as mayor, a person, at the time of election or appointment, must:
(1) Have attained the age of 21 years; (2) Have resided in the city for two years immediately preceding the date of election or appointment and must continue in such residence during the term of office. (3) Be a qualified elector of the city; and (4) Meet any other requirements as may be established by general state law. (b) To be eligible for election or appointment as a councilmember, a person, at the time of election or appointment, must: (1) Have attained the age of 21 years; (2) Have resided in the city for two years immediately preceding the date of election or appointment and must continue in such residence during the term of office; (3) Be a qualified elector of the city; and (4) Meet any other requirements as may be established by general state law.
Section 2-103. Compensation. The mayor and councilmembers shall receive, as compensation for their services, an amount fixed by ordinance as authorized by general state

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law. In addition, the mayor and councilmembers shall be paid expenses incurred in performance of their official duties according to policy established by ordinance.
CHAPTER 2
Powers of the Mayor and Council
Section 2-201. Legislative powers. The municipal government of the city and all powers of the city shall be vested in the mayor and council. The mayor and council shall be the legislative body of the city.
Section 2-202. Execution of powers. The mayor and council shall have full power and authority to provide for the execution of all powers, functions, rights, privileges, duties, and immunities of the city and its officers, agencies, or employees granted by this charter or by state law.
Section 2-203. Independent audits. The mayor and council shall provide for an independent annual audit of all city accounts and may provide for more frequent or continuing audits as it deems necessary. Audits shall be made by a certified public accountant or firm of certified public accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The mayor and council may also provide for special independent audits of any office, department, board, commission, or other agency of the city.
Section 2-204. Inquiries and investigations. The mayor and council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency of the city or any joint or independent commission, board, or authority of the city. For this purpose, the mayor and council may subpoena witnesses, administer oaths, take testimony, and require the production of evidence in the same manner as the Superior Court of Jackson County. Any person who fails or refuses to obey a subpoena issued in the exercise of this power by the mayor and council may be held in contempt by a majority vote of all councilmembers and punished as provided for contempt of recorder's court. Appeal to the Superior Court of Jackson County from a council contempt conviction shall be allowed as for any conviction in a recorder's court.
CHAPTER 3
Mayor and Mayor Pro Tempore
Section 2-301. Mayor; powers and duties. The mayor shall be the chief executive officer of the city and shall have general supervision over its affairs. The mayor shall:
(1) See that the laws and ordinances of the city are faithfully carried out and executed within the city;
(2) Sign all deeds and contracts, except deeds made for property sold under execution at public sale which shall be signed by the clerk of the city;
(3) Exercise the veto power as set out in Section 2-405 of Chapter 4 of this article; (4) Keep the council members advised from time to time of the general condition of the city; (5) Recommend such measures as he or she may deem necessary or expedient for the welfare of the city; (6) Preside over the meetings of the council and call the council together at any time when he or she deems necessary; (7) Vote on all matters when there is an equal division of the councilmembers; and (8) Perform such other duties as required by the council.
Section 2-302. Mayor pro tempore; election; term; duties. At the organizational meeting, the mayor and council shall appoint by a majority vote from among its members a mayor pro tempore who shall assume the duties and powers of the mayor during the mayor's absence, disqualification, sickness, or disability but otherwise shall have all the same powers and duties as other councilmembers. In the event both the mayor and mayor pro tempore are unable for any cause to fulfill the duties of their office, the

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councilmembers other than the mayor, by majority vote, shall elect a successor mayor pro tempore to serve during the absence or disability of the mayor.
CHAPTER 4
Organization and Procedure
Section 2-401. Organizational meeting, (a) The mayor and councilmembers shall meet for organization and swearing-in ceremonies not later than 60 days following each regular municipal election or, if that date is a legal holiday, on the next following day not a legal holiday.
(b) At the organizational meeting, the newly elected or reelected mayor and councilmembers shall each qualify to take office by taking the following oath of office:
"I do solemnly swear (or affirm) that I will truly perform to the best of my abilities the duties of (mayor or councilmember, as the case may be) by adopting and enforcing such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the city of Pendergrass and the common interest thereof." The oath of the mayor shall be administered by the outgoing mayor or in his or her absence or refusal to administer such oath, by the city clerk. The oath of the councilmembers shall be administered by the mayor. The oaths shall be entered upon the minutes of the city.
(c) At the organizational meeting, the newly reorganized mayor and council shall make any appointments and selections as may be required by this charter or by ordinance.
(d) A special meeting may be called to install any member elected by a special election or otherwise appointed to the mayor and council.
Section 2-402. Rules, quorum; voting; journal of minutes, (a) The mayor and council, by a motion approved by a majority vote of all members, may adopt any rules of procedure and order of business or amendments thereto that are consistent with this charter and ordinances of the city.
(b) A quorum for all mayor and council meetings shall consist of the mayor or mayor pro tempore and any two councilmembers, and no business shall be transacted by the mayor and council in absence of a quorum except to adjourn from time to time.
(c) All actions of mayor and council shall require the affirmative vote of a majority of the councilmembers present unless otherwise required by this charter. The mayor shall be entitled to vote only in case of a tie vote.
(d) A journal of minutes shall be maintained, and every official action of the mayor and council shall be recorded therein. The journal shall be a public record. Any councilmember may require the recording of yeas and nays of each member in the journal for any votes taken by the mayor and council.
Section 2-403. Meetings; regular and special, (a) The mayor and council shall fix the date and time of regular meetings of the mayor and council by ordinance, and there shall be at least one regular meeting each month.
(b) Special meetings of the mayor and council may be held on call of the mayor or a majority of all councilmembers other than the mayor. Notice of a special meeting shall be served on all other members personally, or by telephone personally, or otherwise as fully as is reasonably possible in advance of the meeting. This notice to councilmembers shall not be required if all councilmembers are present when the special meeting is called. This notice of a 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 transacted in the councilmember's presence or with his or her prior knowledge. Except by majority vote of the councilmembers attending the special meeting, only the business stated in the call may be transacted at the special meeting; and no action at a special meeting shall be valid unless the requirements of this section are met.
(c) All meetings of the council shall be public to the extent required by general state law, and notice to the public of special meeting shall be made as fully as is reasonably possible prior to the meetings.

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Section 2-404. Introduction, consideration, and enactment of legislation, (a) Every official act of the mayor and council which is to become law shall be by ordinance and shall begin with the words: "The Mayor and Council of the City of Pendergrass, Georgia, hereby ordains." All other acts of the mayor and council shall be by resolution or shall take such other form as prescribed by rules of the mayor and council.
(b) The manner and procedure for introduction of ordinances shall be determined by rules of the mayor and council, provided that no ordinance shall be adopted on the date of its introduction.
Section 2-405. Mayor's veto; overriding veto. Every ordinance or resolution adopted by the council shall be certified by the city clerk and presented to the mayor within two business days following its adoption. The mayor shall approve or veto the ordinance or resolution within five business days after adoption, and no ordinance or resolution shall become effective without the mayor's approval except as provided in this section. If the mayor vetoes an ordinance or resolution, he or she shall, within two business days of such veto, return it to the council accompanied by a written statement of the reasons for the veto. If the council shall pass the ordinance or resolution by a vote of three of its members at the regular meeting next held after the ordinance or resolution has been returned with the mayor's veto, it shall become law without the mayor's approval. In the event the mayor does not approve or veto the ordinance or resolution within the time required, it shall become law without the mayor's approval.
Section 2-406. Codes of technical regulations, (a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing the adopting ordinance shall be as prescribed for ordinances generally.
(b) Any requirements for distribution and filing of copies of the ordinances shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance.
(c) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk of council.
(d) Copies of any adopted code of technical regulations shall be made available by the clerk of council for distributing or for purchase by the public at a reasonable price.
ARTICLE III
Election and Removal
CHAPTER 1
Conduct of Elections
Section 3-101. Applicability 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," as now or hereafter amended.
Section 3-102. Regular elections; time for holding; manner of election; voting posts; nonpartisan election, (a) The municipal elections shall be held on the Tuesday next following the first Monday in November of odd-numbered years for the mayor and councilmembers whose terms are about to expire.
(b) The mayor and councilmembers 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. Successors shall be elected at the municipal election immediately preceding the expiration of the term of office, shall take office on the Monday following their election, and shall serve terms of four years and until their successors are duly elected and qualified.
CHAPTER 2
Vacancies and Removal from Office
Section 3-201. Occurrence of vacancies. A vacancy in the office of mayor or councilmember occurs when a duly elected person fails to qualify or when a person who

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has been duly elected and qualified either dies, resigns, becomes disabled, or forfeits the office, as provided by this charter. Vacancies shall be filled as is provided by Section 3-202 of this charter.
Section 3-202. Filling of vacancies. If the event the office of the mayor or any councilmember shall become vacant by death, removal, disqualification, resignation, or other cause, the mayor or, if said office be vacant, the mayor pro tempore or, if both offices should be vacant, the remaining councilmembers shall order an election to fill said vacancy or vacancies for the unexpired term or terms, of which election at least ten days' written notice shall be given by publication in the official newspaper used for publication of legal notices and by posting the notice at three public places in the city; provided, however, that, in the event such vacancy shall occur within six months from the date of the next regularly scheduled election, the council may dispense with a special election and fill the vacancy or vacancies by election at the next regularly scheduled municipal election.
Section 3-203. Removal and forfeiture of office, (a) The mayor or any councilmember shall be subject to removal from office and the office forfeited for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude or a crime punishable as a felony; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law. (b) Removal of an elected officer from office may be accomplished by one of the following methods: (1) By affirmative vote of three members of the mayor and council. In the event an elected officer is sought to be removed by the action of the mayor and council, such official shall be first entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than 30 days after the service of such written notice. Any elected officer sought to be removed from office as provided in this paragraph shall have the right of appeal from the decision of the mayor and council to the Superior Court of Jackson County for a jury trial. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an information filed in the Superior Court of Jackson County as provided by Code Section 9-6-64 of the O.C.G.A., as amended.
ARTICLE IV
Organization and Administration
CHAPTER 1
General Provisions
Section 4-101. City offices, departments, and agencies. Except as provided by this charter, the offices, departments, and agencies of the city shall be created and established by ordinance and the offices and departments shall be responsible for the performance of the functions and services enumerated therein and as prescribed by administrative regulations of the mayor consistent therewith. The operations and responsibilities of city departments and agencies may be distributed among any division or bureau and shall consist of any officers and employees as may be provided by ordinance or administrative regulations consistent therewith.
Section 4-102. Administrative organization. The mayor and council may, by ordinance, organize, combine, consolidate, or discontinue any offices, departments, agencies, or

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divisions of the city government as it may from time to time deem desirable and consistent with this charter.
Section 4-103. Personnel administration, (a) The mayor and council may establish by ordinance a system of personnel administration for the city. The system shall cover all offices and positions as prescribed by ordinance.
(b) The system of personnel administration may provide for classification of positions, the manner and method of publicizing vacancies, employing and appointing personnel, the qualifications of employees, employee evaluations and performance, salaries, hours of leave, job security, promotion, demotion, disciplinary procedures, transfer, layoff, removal, and welfare of employees, retirement policy, payment of premiums of employee insurance benefits, grievance procedures, service awards, training leave, and any other measures that promote the hiring and retaining of capable, diligent, and honest career employees.
CHAPTER 2
City Officers
Section 4-201. City clerk; appointment; duties; compensation, (a) The mayor and council shall appoint a city clerk who shall hold office at their pleasure and until their successors are elected and qualified.
(b) The city clerk shall be the clerk of the mayor and council; shall attend all meetings of the mayor and council and keep the minutes, books, and files of each; shall collect all fines, taxes, and other money due the city; shall attend to the issuance of all licenses and permits; shall sign and issue all executions and other writs and processes for the collection of taxes due the city; and shall perform such other duties as may be required by the mayor and council. The duties required to be performed by the city clerk as provided in this section may be performed by a representative designated by the city clerk.
(c) The compensation of the clerk of council shall be fixed by the mayor and council.
Section 4-202. City attorney; appointment; qualifications; duties; compensation, (a) The mayor and council may appoint a city attorney who shall serve at the pleasure of the mayor and council.
(b) The city attorney shall be an active member of the State Bar of Georgia in good standing.
(c) The city attorney shall be legal counsel to the city and shall perform any other duties as may be provided by ordinance.
(d) The compensation of the city attorney shall be fixed by the mayor and council.
CHAPTER 3
Boards and Commissions
Section 4-301. Authority to create. The mayor and council may, by ordinance, unless otherwise provided by law, create boards and commissions which may perform the duties prescribed, including, but not limited to, making studies, conducting research and investigations, holding hearings, preparing recommendations as to needed ordinances and resolutions, or for any other purposes authorized.
Section 4-302. Composition; appointment; removal; bylaws, (a) The mayor and council may provide by ordinance, unless otherwise provided by law, for the manner of appointment, make-up, and composition of boards and commissions; for their periods of existence; and for the compensation of their members and employees, in whole or in part. The mayor and council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members of boards and commissions in the performance of their official duties. The mayor and council shall have the authority annually to appropriate money derived from taxation, contributions, or otherwise for and to boards and commissions to provide for their operation, either in whole or in part.
(b) Any vacancy in the office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for original appointment.

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(c) Any member of a board or commission may be removed from office for cause by a majority vote of all of the councilmembers.
(d) Each board and commission may establish bylaws, rules, and regulations not inconsistent with this charter, ordinances, or applicable state law as it deems appropriate and necessary for its internal organization, election of officers, and the conduct of its affairs, copies of which bylaws, rules, and regulations shall be filed with the city clerk and approved by the mayor and council prior to their being effective.
ARTICLE V
Finance and Fiscal
CHAPTER 1
Taxation and Other Revenue
Section 5-101. Ad valorem tax; grant of authority. For the purpose of raising revenue for the support and maintenance of the city government and for other corporate purposes, the mayor and council shall be authorized to assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to taxation for state and county purposes under the laws of this state and to provide for the manner and method in which such taxes shall be collected.
Section 5-102. Occupation and business taxes. The mayor and council shall have authority to levy and collect any occupation and business taxes that are not prohibited by the Constitution and general law of Georgia. These taxes may be levied on any person, firm, partnership, company, or corporation which transacts business in the city or which practices or offers to practice any trade, business, calling, avocation, or profession within the corporate limits of the city. For such purpose, these taxes may be levied and imposed on a fixed rate or gross receipts basis or any combination thereof. The mayor and council may classify businesses, callings, avocations, or professions for the purpose of these taxes in any manner as is reasonable. The mayor and council shall have authority to provide by ordinance for the return or registration for taxation of any trade, business, calling, avocation, or profession subject to a tax. Payment of these taxes may be compelled as provided in Section 5-109 of this chapter.
Section 5-103. Business licenses; permits; fees. The mayor and council, by ordinance, shall have the power and authority to require any individual, person, firm, partnership, company, or corporation which transacts business in the city or which practices or offers to practice any trade, business, calling, avocation, or profession in the city to obtain a license or permit for these activities from the city and to pay a reasonable fee for the license or permit for the regulation of any activity not prohibited by general law. These fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in Section 5-109 of this chapter. The mayor and council, by ordinance, may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and welfare necessitate, including, but not limited to, denial or revocation for any violation of federal or state law or city ordinances.
Section 5-104. Insurance fees, taxes, and licenses. The city shall have power and authority to impose and collect license fees and taxes on life insurance companies in the manner provided by Code Section 33-8-8 of the O.C.G.A., as amended, and on fire and casualty insurance companies as provided by law or ordinance.
Section 5-105. Service charges. The mayor and council, by ordinance, shall have the authority to assess and collect fees, charges, and tolls for water, sewer, sanitary and health services, or any other services rendered within and outside the corporate limits of the city. If unpaid, these charges or fees shall be collected as provided in Section 5-109 of this chapter.
Section 5-106. Franchise fees. The mayor and council, by ordinance, shall have the authority to enter into contracts and grant easements, franchises, and rights of way to

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public or private corporations, nonprofit organizations, municipalities, partnerships, persons, and agencies for the sale, transmission, delivery, and distribution of water, gas, electricity, telephone service, and other public utilities, over, in, under, and on the public streets, lanes, alleys, sidewalks, parks, and other properties of and within and outside the City of Pendergrass for a period of months or years.
Section 5-107. Special assessments. The mayor and council, by ordinance, shall have the authority to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, drainage structures, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as are reasonable. If unpaid, these charges shall be collected as provided in Section 5-109 of this chapter.
Section 5-108. Interpretation; other taxes. The mayor and council shall be empowered to levy any other tax now or hereafter authorized by state law; and the specific mention of any right, power, or authority in this chapter shall not be construed as limiting in any way the general powers of the city to govern its local affairs.
Section 5-109. Collection of delinquent taxes and fees. The mayor and council, by ordinance, may provide for the collection of delinquent taxes, fees, or other revenue due the city pursuant to authority granted by this charter or by the Constitution and general laws of Georgia or by any other authority not precluded by the Constitution and general laws of Georgia. This authority shall include providing for the dates when the taxes, fees, or other revenues are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes, fees, and other revenues personal debts of the persons required to pay the taxes, fees, or other revenues imposed; revoking city licenses for failure to pay any city taxes, fees, or other revenues; allowing expectation for hardship; providing for the assignment or transfer of execution and collection of transferred executions; and providing for the billing and collecting of principal, interest, and costs of delinquent executions as an addition to and a part of the annual ad valorem tax bill.
CHAPTER 2
Fiscal Control
Section 5-201. Fiscal year; municipal budget preparation and submission, (a) The mayor and council shall establish a fiscal year for the city and all its agencies by ordinance unless otherwise provided by state or federal law.
(b) The mayor and council shall prescribe by ordinance the procedure for the preparation and submission of an annual operating budget and of a capital improvements program and capital budget of the city.
Section 5-202. Municipal appropriations; ordinance required, (a) The mayor and council shall annually appropriate by ordinance the funds necessary to operate all the various agencies and departments and to meet the expenses of the city for the next fiscal year as provided in the municipal budget.
(b) The mayor and council shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the city treasury at the beginning of the fiscal year, together with an amount not greater than the total municipal receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the budget report and amendments thereto.
(c) All appropriated funds, except for the mandatory appropriations required by law and those required to meet contractual obligations or the continued appropriation and authorization of state or federal grants, remaining unexpended and not contractually obligated at the expiration of the municipal appropriations ordinance shall lapse.
Section 5-203. Supplementary appropriations, (a) In addition to the appropriations made by the municipal appropriations ordinance and amendments thereto, the mayor and

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council may make additional appropriations which shall be known as supplementary appropriations ordinances, provided that no supplementary appropriation shall be made unless there is an unappropriated surplus in the city treasury or the revenue necessary to pay the appropriation has been collected into the general fund of the city treasury.
(b) In no event shall a supplementary appropriations ordinance continue in force and effect beyond the expiration of the municipal appropriations ordinance in effect when the supplementary appropriations ordinance was adopted and approved.
Section 5-204. Deficits. If at any time during the year expenditures exceed revenues and a deficit is created, it shall be the duty of the mayor and council, before appropriating any other sum for any other purpose, to appropriate a sufficient sum to discharge immediately any such deficit which has occurred.
CHAPTER 3
Contracting and Purchasing of Property
Section 5-301. Contracting procedures. The mayor and council shall prescribe by ordinance the procedures to be followed in the making of contracts which shall bind the city. All contracts and all ordinances which shall make or authorize contracts shall be approved as to form by the city attorney if an attorney has been retained. The mayor shall sign and authorize all contracts. The city clerk shall authenticate all contracts. The original of all contracts shall be maintained on file in the office of the city clerk.
Section 5-302. Purchasing procedures. The mayor and council shall prescribe by ordinance the procedures for all purchases of real and personal property by the city. Competitive bidding shall be required for purchases, and contracts and awards shall be made to the lowest or best bidder, provided the mayor and council by ordinance may authorize the purchase of goods, materials, supplies, equipment, and services without the receipt of formal sealed bids where the price does not exceed a specified dollar amount. Prior to the making of purchases and contracts, the availability of adequate funds shall be certified as provided by ordinance.
ARTICLE VI
General Provisions
Section 6-101. Terms of present officers. All present elected officers of the city shall hold their offices until the expiration of their present terms and until their successors are elected and qualified, except as provided in this charter.
Section 6-102. Ordinances and regulations. Existing ordinances, resolutions, rules, and regulations of the city and its agencies now lawfully in effect and not inconsistent with the provisions of this charter shall remain effective until they have been repealed, modified, or amended.
Section 6-103. Contracts and obligations; proceeding, (a) All contracts, orders, leases, bonds, and other obligations or instruments entered into by the city or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the city.
(b) No action or proceeding of any nature, whether civil or criminal, judicial or administrative, or otherwise, pending at the effective date of this charter by or against the city or its departments and agencies shall be abated or otherwise affected by the adoption of this charter.
(c) The existing agency and departmental organization of the city shall continue in effect upon the effective date of this charter until such organization is changed or reorganized as provided by ordinance of the mayor and council and administrative regulations consistent therewith.
Section 6-104. Section captions; rules of construction, (a) The captions of the several sections of this charter are informative only and are not to be construed as a part thereof.

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(b) The word "shall" in this charter is intended to be mandatory and the word "may" is to be permissive.
(c) In the construction of this charter, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the adopting body:
(1) City: The words "the city" or "this city" shall mean the City of Pendergrass, Georgia.
(2) County: The words "the county" or "this county" shall mean the County of Jackson, Georgia.
(3) Gender: A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, and corporations as well as to males.
(4) Governing body or governing authority: The words "governing body" or "governing authority" shall mean the mayor and council of the City of Pendergrass, Georgia.
(5) Number: Words used in the singular include the plural and the plural includes the singular number.
(6) Or, and: "Or" may be read "and" and "and" may be read "or" if the sense requires it.
(7) Other officials or officers: Whenever reference is made to officials, boards, commissions, or departments by title only, i.e., "mayor," "city council," "clerk of council," they shall be deemed to refer to officials of the City of Pendergrass, Georgia.
(8) Council or city council: The words "council" or "city council" shall mean or refer to councilmembers of the governing authority, excluding the mayor.
(9) Person: The word "person" shall extend and be applied to firms, partnerships, associations, organizations, and bodies politic and corporate, or any combination thereof, as well as to individuals.
(10) State: The words "the state" or "this state" shall be construed to mean the State of Georgia.
Section 6-105. City officers and employees. All elected or appointed officers and employees of the city immediately prior to the adoption of this charter shall continue in their positions until the end of their terms of office or, if no term is provided, then as otherwise provided by this charter or ordinance.
Section 6-106. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 6-107. Standard repealer. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 inclusions; to require submission of this Act to the United States Attorney General for certain approval.

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The following Committee substitute was read and adopted:

A BILL
To amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows:
"Section 3. Commissioner Districts, (a) For the purpose of electing members of the board of commissioners, Chatham County is divided into eight commissioner districts as follows:
Commissioner District: I
CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0007 1-7 VTD: 0009 1-9 VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 601, 602, 603, 604, 605, 606, 607, 608, 701, 702, 703, 704, 705, 706, 707, 708 Block(s): That part of Block 709 lying north of Holland Road extended to Haynes Creek Block(s): 710, 711, 712, 713 VTD: 0011 1-11 VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 409 Tract: 0040.02 Block(s): 101, 102, 103, 104A, 104B, 105, 118A, 118B Tract: 0102. Block(s): 312A, 312B, 312C VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 303, 304, 305, 306, 307, 314, 315, 316 VTD: 0044 4-11 VTD: 0045 4-12 VTD: 0056 6-1
Commissioner District: 2
CHATHAM COUNTY VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4

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VTD: 0018 2-5 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0022 2-9 VTD: 0025 3-2 (Part)
Tract: 0101.01 Block(s): 306, 307, 308, 309, 310, 311, 312, 313, 328
VTD: 0026 3-3 (Part) Tract: 0037. Block(s): 108, 109, 110, 111, 112, 113, 118, 119, 120, 201B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216 Tract: 0101.01 Block(s): 323
VTD: 0027 3-4 (Part) Tract: 0022. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 0037. Block(s): 114, 115, 116, 117, 121, 122, 123, 124, 125, 126, 127
VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 401, 406, 409, 410, 419, 420, 421, 433
VTD: 0033 3-10 VTD: 0034 4-1 (Part)
Tract: 0036.01 Block(s): 101 Block(s): That part of Block 102A lying east of Nevada Street extended to Seaboard Coastline Railroad Block(s): 102B, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119 Block(s): That part of Block 401B lying west of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River Block(s): 402, 404A, 404B, 405, 406, 407, 408, 409
Tract: 0101.01 Block(s): 314A, 314C, 318A, 321A, 321D, 322, 329A, 329B
Commissioner District: 3
CHATHAM COUNTY VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310A, 310B, 311A, 311B, 312, 313, 314, 315, 404, 405, 406A, 406B, 407A, 407B, 408, 410A, 410B, 411, 412A, 412B Tract: 0102. Block(s): 313A, 313B, 313C VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 308, 309, 310, 311, 312D VTD: 0024 3-1 (Part) Tract: 0003. Block(s): 110, 145, 227 Tract: 0008.

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Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 218, 219, 225, 227, 228, 229, 231, 232, 233
Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116
VTD: 0025 3-2 (Part) Tract: 0003. Block(s): 101B, 102, 103, 104, 105, 106, 115, 116, 117, 118, 119, 120, 122, 123, 124, 125, 126, 130, 131, 132, 137, 140, 141, 142, 151, 153, 157, 158, 159, 160, 163, 164, 165, 166, 170, 171, 172, 173, 174, 175, 176, 188, 189, 190, 191, 192, 193, 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 222, 225, 240, 241, 244, 301B Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 218, 219, 222, 223, 224, 225, 228, 229, 230, 231, 232 Tract: 0101.01 Block(s): 201, 202, 203B, 204, 205, 304A, 304B, 305A, 305B Tract: 0106.05 Block(s): 105, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116
VTD: 0026 3-3 (Part) Tract: 0036.01 Block(s): 103, 108, 109, 115, 116, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306A, 307, 308, 309, 310, 311, 312, 313, 314 Tract: 0036.02 Block(s): 101A Tract: 0037. Block(s): 201A, 202, 203, 204, 205, 206
VTD: 0027 3-4 (Part) Tract: 0036.02 Block(s): 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229
VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 101C, 230, 231, 232, 233, 234, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 407, 408, 411, 412, 413, 414, 415, 416, 417, 418, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501A, 501B, 502, 503, 504A, 504B, 505A, 505B
VTD: 0029 3-6 VTD: 0030 3-7 VTD: 0031 3-8
VTD: 0032 3-9
VTD: 0034 4-1 (Part)
Tract: 0036.01
Block(s): That part of Block 102A lying west of Nevada Street extended to Seaboard Coastline Railroad
Block(s): 306B, 401A

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Block(s): That part of Block 401B lying east of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River
Block(s): 403 Tract: 0036.02
Block(s): 101D, 312B Tract: 0101.01
Block(s): 301, 302, 303, 314B, 315, 316, 317, 318B, 319, 320, 321B, 321C VTD: 0035 4-2 (Part)
Tract: 0101.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 122A, 122B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 218B, 218C, 219, 220, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 314, 315A, 401, 403A, 405
Tract: 0111.01 Block(s): 501A, 501B, 502, 503, 504, 505, 506
VTD: 0036 4-3 (Part) Tract: 0111.01 Block(s): 507
VTD: 0043 4-10 (Part) Tract: 0038. Block(s): 204B, 307B, 312B, 313B Tract: 0039. Block(s): 201B, 202B Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 407, 408, 409, 410, 411, 412, 413
Commissioner District: 4
CHATHAM COUNTY VTD: 0036 4-3 (Part) Tract: 0111.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401, 402, 403, 404, 405, 406, 508, 509, 510, 511, 512, 513, 514 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 (Part) Tract: 0110.02 Block(s): 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411A, 411B, 411C, 412, 413, 414, 415, 416, 501, 502, 503, 504, 601, 602, 603, 604, 605, 606, 607 VTD: 0043 4-10 (Part) Tract: 0110.02 Block(s): 103 Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310,

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311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
Commissioner District: 5
CHATHAM COUNTY VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part) Tract: 0045. Block(s): 202, 205, 207, 208, 209, 210, 214A, 214B, 214C, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330 Block(s): That part of Block 401A lying south of the Mills B. Lane Connector extended to Ogeechee Road Block(s): 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0061 6-6 VTD: 0062 6-7 (Part) Tract: 0109.01 Block(s): That part of Block 101 lying north of Tibet Avenue extended to its intersection with Hunter Army Airfield VTD: 0074 7-10 VTD: 0086 5-11
Commissioner District: 6
CHATHAM COUNTY VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): That part of Block 709 lying south of Holland Road extended to Haynes Creek Block(s): 801 VTD: 0057 6-2 (Part) Tract: 0042.02 Block(s): 901, 902A, 902B, 903, 904, 905, 906 Tract: 0042.05 Block(s): 315, 316, 317, 318, 612, 613, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801A, 801B, 802, 803A, 803B, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 Tract: 0042.06 Block(s): 101, 102, 103 Tract: 0109.02 Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 109, 111, 112, 113, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0062 6-7 (Part) Tract: 0042.03 Block(s): 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 413, 415, 416, 419, 420, 421, 422

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Tract: 0042.05 Block(s): 403A, 501, 507
Tract: 0109.01 Block(s): That part of Block 101 lying south of Tibet Avenue extended to its intersection with Hunter Army Airfield Block(s): 102, 103, 104, 201, 202, 203, 204, 301, 302, 303, 304
VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0072 7-8 (Part)
Tract: 0108.98 Block(s): That part of Block 233 lying southeast of Bush Road extended to its intersection with the Ogeechee River Block(s): 241, 242, 243
Commissioner District: 7
CHATHAM COUNTY VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 (Part) Tract: 0108.04 Block(s): 101B, 101E Tract: 0108.97 Block(s): 108A, 109, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 250A, 251B, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275A, 275B, 276, 277, 278B, 280, 281, 282, 283, 284A, 284B Tract: 0108.98 Block(s): 105A, 105B, 106A, 106B, 107, 108B, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 139, 142, 143, 144, 145, 149, 150, 201B, 202B, 203B, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232 Block(s): That part of Block 233 lying northwest of Bush Road extended to its intersection with the Ogeechee River Block(s): 234, 235, 236, 237, 238, 244, 245, 246, 247, 248, 249 VTD: 0073 7-9
Commissioner District: 8
CHATHAM COUNTY VTD: 0024 3-1 (Part) Tract: 0003. Block(s): 101A, 107, 108, 109, 111, 112, 113, 114, 121, 127, 128, 129, 133, 134, 135, 136, 138, 139, 143, 144, 146, 147, 148, 149, 150, 152, 154, 155, 156, 161, 162, 167, 168, 169, 177, 178, 179, 180,

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181, 182, 183, 184, 185, 186, 187, 194, 195, 196, 197, 202, 226, 230, 237, 245
VTD: 0046 5-1 VTD: 0047 5-2
VTD: 0052 5-7 (Part) Tract: 0012. Block(s): 112
Tract: 0033.02 Block(s): 201, 206, 207
Tract: 0045. Block(s): 101A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 134C, 201, 203, 204, 206A, 206B, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 Block(s): That part of Block 401A lying north of Mills B. Lane Connector extended to Ogeechee Road
VTD: 0075 7-11 VTD: 0076 8-1
VTD: 0077 8-2 (Part) Tract: 0105.01
Block(s): 201, 212B, 213 Tract: 0106.01
Block(s): 315, 620A, 620B Tract: 0106.04
Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129A, 129B, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155
Tract: 0106.05 Block(s): 101, 102B, 103, 104, 117, 118, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146C, 147, 148, 149, 150, 151B, 152B, 153, 154B,
162, 163, 164, 165, 166, 167, 168, 169A, 169B, 170A, 170B, 171A, 171B, 172A, 172B, 175
Tract: 0106.99 Block(s): 146Z
VTD: 0078 8-3 VTD: 0079 8-4
VTD: 0080 8-5
VTD: 0081 8-6 VTD: 0082 8-7
VTD: 0083 8-8 VTD: 0084 8-9
VTD: 0085 8-10 (b) For purposes of this section:
(1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means
a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the
O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for
convenience only; and in the event the description of any commissioner district con-
tains a conflict between the geographical boundaries of any VTD and the boundaries

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of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Chatham County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Chatham County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8 as they existed on January 1, 1994, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1994, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
Section 2. It shall be the duty of the governing authority of Chatham County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, 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 substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 certain approval.

The following Committee substitute was read and adopted:

A BILL
To amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to change the composition of the education districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) The Board of Public Education for the City of Savannah and the County of Chatham shall be composed of a president and eight other members, to be

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elected as provided in this Act. For the purpose of electing members of the board of education, Chatham County is divided into eight education districts as follows:
Education District: I
CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0007 1-7 VTD: 0009 1-9 VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 601, 602, 603, 604, 605, 606, 607, 608, 701, 702, 703, 704, 705, 706, 707, 708 Block(s): That part of Block 709 lying north of Holland Road extended to Haynes Creek Block(s): 710, 711, 712, 713 VTD: 0011 1-11 VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 409 Tract: 0040.02 Block(s): 101, 102, 103, 104A, 104B, 105, 118A, 118B Tract: 0102. Block(s): 312A, 312B, 312C VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 303, 304, 305, 306, 307, 314, 315, 316 VTD: 0044 4-11 VTD: 0045 4-12 VTD: 0056 6-1
Education District: 2
CHATHAM COUNTY VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0022 2-9 VTD: 0025 3-2 (Part) Tract: 0101.01 Block(s): 306, 307, 308, 309, 310, 311, 312, 313, 328 VTD: 0026 3-3 (Part) Tract: 0037. Block(s): 108, 109, 110, 111, 112, 113, 118, 119, 120, 201B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216 Tract: 0101.01 Block(s): 323 VTD: 0027 3-4 (Part) Tract: 0022.

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2273

Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328
Tract: 0037. Block(s): 114, 115, 116, 117, 121, 122, 123, 124, 125, 126, 127
VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 401, 406, 409, 410, 419, 420, 421, 433
VTD: 0033 3-10 VTD: 0034 4-1 (Part)
Tract: 0036.01 Block(s): 101 Block(s): That part of Block 102A lying east of Nevada Street extended to Seaboard Coastline Railroad Block(s): 102B, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119 Block(s): That part of Block 401B lying west of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River Block(s): 402, 404A, 404B, 405, 406, 407, 408, 409
Tract: 0101.01 Block(s): 314A, 314C, 318A, 321A, 321D, 322, 329A, 329B
Education District: 3
CHATHAM COUNTY VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310A, 310B, 311A, 311B, 312, 313, 314, 315, 404, 405, 406A, 406B, 407A, 407B, 408, 410A, 410B, 411, 412A, 412B Tract: 0102. Block(s): 313A, 313B, 313C VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 308, 309, 310, 311, 312D VTD: 0024 3-1 (Part) Tract: 0003. Block(s): 110, 145, 227 Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 218, 219, 225, 227, 228, 229, 231, 232, 233 Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0025 3-2 (Part) Tract: 0003. Block(s): 101B, 102, 103, 104, 105, 106, 115, 116, 117, 118, 119, 120, 122, 123, 124, 125, 126, 130, 131, 132, 137, 140, 141, 142, 151, 153, 157, 158, 159, 160, 163, 164, 165, 166, 170, 171, 172, 173, 174, 175, 176, 188, 189, 190, 191, 192, 193, 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 222, 225, 240, 241, 244, 301B Tract: 0009.

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Block(s): 101, 102, 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 218, 219, 222, 223, 224, 225, 228, 229, 230, 231, 232
Tract: 0101.01 Block(s): 201, 202, 203B, 204, 205, 304A, 304B, 305A, 305B
Tract: 0106.05 Block(s): 105, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116
VTD: 0026 3-3 (Part) Tract: 0036.01 Block(s): 103, 108, 109, 115, 116, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306A, 307, 308, 309, 310, 311, 312, 313, 314 Tract: 0036.02 Block(s): 101A Tract: 0037. Block(s): 201A, 202, 203, 204, 205, 206
VTD: 0027 3-4 (Part) Tract: 0036.02 Block(s): 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229
VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 101C, 230, 231, 232, 233, 234, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 407, 408, 411, 412, 413, 414, 415, 416, 417, 418, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501A, 501B, 502, 503, 504A, 504B, 505A, 505B
VTD: 0029 3-6 VTD: 0030 3-7 VTD: 0031 3-8 VTD: 0032 3-9 VTD: 0034 4-1 (Part)
Tract: 0036.01 Block(s): That part of Block 102A lying west of Nevada Street extended to Seaboard Coastline Railroad Block(s): 306B, 401A Block(s): That part of Block 401B lying east of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River Block(s): 403
Tract: 0036.02 Block(s): 101D, 312B
Tract: 0101.01
Block(s): 301, 302, 303, 314B, 315, 316, 317, 318B, 319, 320, 321B, 321C
VTD: 0035 4-2 (Part)
Tract: 0101.02
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 122A, 122B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 218B, 218C, 219, 220, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 314, 315A, 401, 403A, 405

MONDAY, MARCH 14, 1994

2275

Tract: 0111.01 Block(s): 501A, 501B, 502, 503, 504, 505, 506
VTD: 0036 4-3 (Part) Tract: 0111.01 Block(s): 507
VTD: 0043 4-10 (Part) Tract: 0038. Block(s): 204B, 307B, 312B, 313B Tract: 0039. Block(s): 201B, 202B Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 407, 408, 409, 410, 411, 412, 413
Education District: 4
CHATHAM COUNTY VTD: 0036 4-3 (Part) Tract: 0111.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401, 402, 403, 404, 405, 406, 508, 509, 510, 511, 512, 513, 514 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 (Part) Tract: 0110.02 Block(s): 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411A, 411B, 411C, 412, 413, 414, 415, 416, 501, 502, 503, 504, 601, 602, 603, 604, 605, 606, 607 VTD: 0043 4-10 (Part) Tract: 0110.02 Block(s): 103 Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
Education District: 5
CHATHAM COUNTY VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part) Tract: 0045. Block(s): 202, 205, 207, 208, 209, 210, 214A, 214B, 214C, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330 Block(s): That part of Block 401A lying south of the Mills B. Lane Connector extended to Ogeechee Road

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Block(s): 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B
VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0061 6-6 VTD: 0062 6-7 (Part)
Tract: 0109.01 Block(s): That part of Block 101 lying north of Tibet Avenue extended to its intersection with Hunter Army Airfield
VTD: 0074 7-10 VTD: 0086 5-11
Education District: 6
CHATHAM COUNTY VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): That part of Block 709 lying south of Holland Road extended to Haynes Creek Block(s): 801 VTD: 0057 6-2 (Part) Tract: 0042.02 Block(s): 901, 902A, 902B, 903, 904, 905, 906 Tract: 0042.05 Block(s): 315, 316, 317, 318, 612, 613, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801A, 801B, 802, 803A, 803B, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 Tract: 0042.06 Block(s): 101, 102, 103 Tract: 0109.02 Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 109, 111, 112, 113, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0062 6-7 (Part) Tract: 0042.03 Block(s): 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 413, 415, 416, 419, 420, 421, 422 Tract: 0042.05 Block(s): 403A, 501, 507 Tract: 0109.01 Block(s): That part of Block 101 lying south of Tibet Avenue extended to its intersection with Hunter Army Airfield Block(s): 102, 103, 104, 201, 202, 203, 204, 301, 302, 303, 304 VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0072 7-8 (Part) Tract: 0108.98 Block(s): That part of Block 233 lying southeast of Bush Road extended to its intersection with the Ogeechee River Block(s): 241, 242, 243
Education District: 7
CHATHAM COUNTY

MONDAY, MARCH 14, 1994

2277

VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 (Part)
Tract: 0108.04 Block(s): 101B, 101E
Tract: 0108.97 Block(s): 108A, 109, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 250A, 251B, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275A, 275B, 276, 277, 278B, 280, 281, 282, 283, 284A, 284B
Tract: 0108.98 Block(s): 105A, 105B, 106A, 106B, 107, 108B, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 139, 142, 143, 144, 145, 149, 150, 201B, 202B, 203B, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232 Block(s): That part of Block 233 lying northwest of Bush Road extended to its intersection with the Ogeechee River Block(s): 234, 235, 236, 237, 238, 244, 245, 246, 247, 248, 249
VTD: 0073 7-9
Education District: 8
CHATHAM COUNTY VTD: 0024 3-1 (Part) Tract: 0003. Block(s): 101A, 107, 108, 109, 111, 112, 113, 114, 121, 127, 128, 129, 133, 134, 135, 136, 138, 139, 143, 144, 146, 147, 148, 149, 150, 152, 154, 155, 156, 161, 162, 167, 168, 169, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 194, 195, 196, 197, 202, 226, 230, 237, 245 VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0052 5-7 (Part) Tract: 0012. Block(s): 112 Tract: 0033.02 Block(s): 201, 206, 207 Tract: 0045. Block(s): 101A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 134C, 201, 203, 204, 206A, 206B, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 Block(s): That part of Block 401A lying north of Mills B. Lane Connector extended to Ogeechee Road

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VTD: 0075 7-11 VTD: 0076 8-1 VTD: 0077 8-2 (Part)
Tract: 0105.01 Block(s): 201, 212B, 213
Tract: 0106.01 Block(s): 315, 620A, 620B
Tract: 0106.04 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129A, 129B, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155
Tract: 0106.05 Block(s): 101, 102B, 103, 104, 117, 118, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146C, 147, 148, 149, 150, 151B, 152B, 153, 154B, 162, 163, 164, 165, 166, 167, 168, 169A, 169B, 170A, 170B, 171A, 171B, 172A, 172B, 175
Tract: 0106.99 Block(s): 146Z
VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9 VTD: 0085 8-10 (b) For purposes of this section:
(1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Chatham County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Chatham County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
(c) Education Districts 1, 2, 3, 4, 5, 6, 7, and 8 as they existed on January 1, 1994, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, 7, and 8 respectively, but as newly described under this section on and after the date this subsection

MONDAY, MARCH 14, 1994

2279

becomes effective in 1994, and members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
Section 2. It shall be the duty of the Board of Education for the City of Savannah and the County of Chatham to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, 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 substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 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 Annotated, 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.

Representative Jamieson of the 22nd moved that the House insist on its position in disagreeing to the Senate amendment to HB 1221 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 Jamieson of the 22nd, Harris of the 112th and Porter of the 143rd.

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

SB 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 Annotated, relating to bonds and recognizances, so as to provide for approval of sureties; to provide for written rules and regulations defining acceptable sureties; to provide for the publishing of such rules and regulations by the sheriffs of the state; to provide for requirements; to provide for real property bonds; to provide for qualifications of bondspersons.

The following Committee substitute was read and adopted:

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JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide for approval of sureties; to provide for a determination of acceptable sureties; to provide for the publishing of such rules and regulations by the sheriffs of the state; to provide for requirements; to provide for real property bonds; to provide for qualifications of bondspersons; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and the procedure for such, is amended by adding a new subsection at the end thereof to read as follows:
"(j) For all persons who have been authorized by law or the court to be released on bail, sheriffs and constables shall accept such bail; provided, however, that the sureties tendered and offered on the bond are approved by the sheriff of the county in which the offense was committed."
Section 2. Code Section 17-6-15 of the Official Code of Georgia Annotated, relating to allowance of opportunity to give bail, is amended by striking subsection (b) in its entirety and inserting in its place the following:
"(b) (1) A reasonable opportunity shall be allowed the accused person to give bail; and, even after commitment and imprisonment, the committing court may order the accused person brought before it to receive bail. No person shall be imprisoned under a felony commitment when bail has been fixed, if the person tenders and offers to give bond in the amount fixed, with sureties acceptable to the sheriff of the county in which the alleged offense occurred; provided, however, the sheriff shall publish and pest make available written rules and regulations defining acceptable sureties and prescribing under what conditions sureties may be accepted. If the sheriff determines that a professional bonding company is an acceptable surety, the rules and regulations shall require, but shall not be limited to, the following:
(A) Complete documentation showing the composition of the company to be an individual, a trust, or a group of individuals, whether or not formed as a partnership or other legal entity, or a corporation or a combination of individuals, trusts, and corporations;
(B) Complete documentation for all employees, agents, or individuals authorized to sign or act on behalf of the bonding company;
(C) Complete documentation showing that the company holds a valid business license in the jurisdiction where bonds will be written;
(D) Fingerprints and background checks of every individual who acts as a professional bondsperson as defined in Code Section 17-6-50 for the professional bonding company seeking approval;
(E) Establishment of a cash escrow account or other form of collateral in a sum and upon terms and conditions approved by the sheriff;
(F) Establishment of application, approval, and reporting procedures for the professional bonding company deemed appropriate by the sheriff which satisfy all rules and regulations required by the laws of this state and the rules and regulations established by the sheriff;
(G) Applicable fees to be paid by the applicant to cover the cost of copying the rules and regulations and processing and investigating all applications and all other costs relating thereto; or
(H) Additional criteria and requirements for approving and regulating bonding companies to be determined at the discretion of the sheriff. (2) This Code section shall not be construed to require a sheriff to accept a professional bonding company or bondsperson as a surety. (3) This Code section shall not be construed to prevent the posting of real property bonds and the sheriff may not prohibit the posting of property bonds; except the sricnit Tft&y F6QU1F& ft cflSfi reserve find property tor tnc opcrfltion or proicssionfli

MONDAY, MARCH 14, 1994

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bondsmen. Additional requirements for the use of real property may be determined at the discretion of the sheriff. The sheriff shall not prohibit a nonresident of the county from posting a real property bond if such real property is located m the county in which it is offered as bond and if such property has sufficient unencumbered equity to satisfy the sheriffs posted rules and regulations as to acceptable sureties."
Section 3. Code Section 17-6-50 of the Official Code of Georgia Annotated, relating to persons deemed professional bondsmen, is amended by designating the current text as subsection (a) and adding a new subsection (b) to read as follows:
"(b) A professional bondsperson is one who holds himself or herself out as a signer or surety of bonds for compensation who must meet the following qualifications:
(1) Is 18 years of age or over; (2) Is a resident of the State of Georgia for at least one year before making application to write bonds; (3) Is a person of good moral character and has not been convicted of a felony or any crime involving moral turpitude; and (4) Is approved by the sheriff and remains in good standing with respect to all applicable federal, state, and local laws and all rules and regulations established by the sheriff in the county where the bonding business is conducted."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe 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
Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Connell
Y Cox Y Crawford
Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson 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
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 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 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 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
Powell E 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 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

On the passage of the Bill, by substitute, the ayes were 161, nays 0.

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JOURNAL OF THE HOUSE,

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

The Speaker assumed the Chair.

SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.

The following Committee substitute was read:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 16, 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 change the number of alternate grand jurors; to change the provisions relating to reports to grand juries by public officials, officers, employees, and entities and the inspection of public offices and their operations, records, papers, funds, and property by grand juries; to change the provisions relating to presentments by grand juries and the contents and publication thereof; to provide for the powers and duties of any superior court judge of the superior court of each county; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-6-85, relating to inspection of the office of the clerk of the superior court by the grand jury and reports thereon, which reads as follows:
"15-6-85. The offices of the clerks of the superior courts are subject to an examination by the grand juries, their committees, or any person whom they may specially empower to report to the same, or to a succeeding grand jury, or to the judge of the superior court. Those examining the offices shall submit in writing the condition thereof and shall specify any neglect of duty or anything done by the clerks which is wrong or corrupt.", and inserting in lieu thereof the following:
"15-6-85. Reserved."
Section 2. Said title is further amended by striking Code Section 15-12-61, relating to number of grand jurors, and inserting in its place the following:
"15-12-61. (a) A grand jury shall consist of not less than 16 nor more than 23 persons. The votes of at least 12 grand jurors shall be necessary to find a bill of indictment or to make a presentment. T-we Three alternate grand jurors may be sworn and, subject to the maximum number herein fixed, may serve when any grand juror dies, is discharged for any cause, becomes ill, or is for other cause absent during any sitting. Alternate grand jurors may serve as members of inspection and examination committees with the same authority and responsibilities as grand jurors and without regard to the maximum limitation on the number of grand jurors fixed herein. However, nothing in this Code section shall limit the authority of a judge of the superior court to replace a grand juror.
(b) The grand jury shall be authorized to request the foreman or clerk of the previous grand jury to appear before it for the purpose of reviewing and reporting the actions

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of the immediately preceding grand jury if the succeeding grand jury determines that such service would be beneficial. While serving a succeeding grand jury, the foreman or clerk of the immediately preceding grand jury shall receive the same compensation as do other members of the grand jury. Any person serving as foreman or clerk of a grand jury and then being requested to report to an immediately succeeding grand jury shall not be eligible to again serve as a grand juror during one year following the conclusion of such earlier service."
Section 3. Said title is further amended by striking Code Section 15-12-71, relating to duties of the grand jury, which reads as follows:
"15-12-71. (a) The duties of a grand jury shall be confined to such matters and things as by the law it is required to perform.
(b) The judge or judges of superior court may by order direct that certain duties of the grand jury shall not be required to be carried out at each term by each grand jury; but any such order shall provide that such duties shall be required to be carried out by at least one grand jury at at least one term of court each year. The effect of any such order shall be to remove the duty of a grand jury to carry out certain inspections as specified by the terms of the order; but no such order shall affect any grand jury's power to conduct any such inspection if the grand jury itself determines that it is advisable that it should do so. The duties of grand juries which may be affected by court order in the manner specified by this subsection shall include:
(1) The duty, as specified by subsection (a) of Code Section 15-12-75, to inspect the offices, records, and operations of the clerk of superior court, district attorney, judge of the probate court, and county treasurer or county depository;
(2) The duty, as specified by Code Section 15-12-78, to inspect the county jail; (3) The duty, as specified by Code Section 36-1-7, to receive and inspect returns of the judge of the probate court, county treasurer, clerk of the superior court, and sheriff; (4) The duty, as specified by Code Section 36-9-10, to inspect county buildings; and (5) The duty, as specified by Code Section 42-4-8, to receive and inspect the sheriffs jail report.",
and inserting in lieu thereof the following:
"15-12-71. (a) The duties of a grand jury shall be confined to such matters and things as it is required to perform by the Constitution and laws or by order of any superior court judge of the superior court of the county.
(b) The grand jury it deems necessary may appoint a committee of its members to inspect or investigate any office or public building including the jail or the office or building of any public authority of the county or the office of any county officer, any court or court official of the county, the county board of education, or the county school superintendent, any of the records, accounts, property, or operations thereof or to conduct such investigations as may be directed by any superior court judge and to prepare reports or issue presentments thereon. The grand jury may appoint one citizen of the county to provide technical expertise to the grand jury in connection with an inspection or investigation provided for in this Code section. Such citizen shall be compensated at the same rate that a grand juror is compensated.
(c) Any grand jury or any committee thereof which has undertaken to conduct an inspection or investigation as provided in subsection (b) of this Code section shall have the right to examine any papers, books, records, and accounts, to compel the attendance of witnesses, and to hear evidence. If any public officer, agent, or employee refuses to produce any such papers, books, records, and accounts, any superior court judge of the superior court of the county, upon evidence being adduced, may enforce this Code section by mandamus or attachment as the case may require. If any public officer, agent, or employee fails or refuses to exhibit to the grand jury or its committee the funds on hand or claimed by them to be on hand upon presentation of that fact to any superior court judge of the superior court the judge may by mandamus or attachment compel the delivery of the funds to the grand jury or the committee for the purpose of counting.

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(d) The judge charging the grand jury shall inform the grand jury of the provisions of subsections (b) and (c) of this Code section."
Section 4. Said title is further amended by striking Code Section 15-12-75, relating to inspection of offices and records of certain county officials by the grand jury, which reads as follows:
"15-12-75. (a) In addition to the duties of the grand jury as indicated in the oath administered to them and as required by law, it shall be their special duty, from term to term of the superior court, to inspect and examine the offices, papers, books, records of, and receipts and disposition of all money arising from fines and forfeitures by the clerk of the superior court, district attorney, and the judge of the probate court and also the books, papers, records, accounts, and vouchers of the county treasurer or depository, as the case may be, and to cause any such clerk, district attorney, judge of the probate court, or county treasurer or depository who has failed or neglected to do his duty as required by law to be presented for nonperformance of official duty.
(b) In making up their general presentments, they shall also take proper notice of the matters brought to their attention by the report and books of the county school superintendent.", and inserting in lieu thereof the following:
"15-12-75. Reserved."
Section 5. Said title is further amended by striking Code Section 15-12-76, relating to appointment of a citizen or citizen committee by the grand jury to examine the offices and records of certain county officials, which reads as follows:
"15-12-76. (a) The grand jury, when they deem it necessary, may appoint as a committee any one or more citizens of the county to inspect and examine the offices, papers, books, records, accounts, and vouchers of the county governing authority, the clerk of the superior court, the county treasurer or depository, the tax collector, the tax receiver, the county school superintendent, the sheriff, and all other county officers. If any of the officers are the custodians of county funds by virtue of their offices or have in their possession funds belonging to the county, they shall exhibit them to the committee. It shall be the duty of the committee to count the same and to make a full and complete report of the finances, disbursements, and conditions of the several offices to the grand jury at the succeeding term of the superior court.
(b) The person or persons so appointed to inspect and examine shall have power to take full control of the offices, papers, books, records, accounts, and vouchers of the several different offices; to compel the attendance of witnesses; and to hear evidence in regard to fraud, the nonperformance of official duty, and the improper disbursement of county funds.
(c) If any officers refuse to produce such papers, books, records, accounts, and vouchers, it shall be the duty of the judge of the superior court of the county, upon evidence being adduced, to enforce this Code section by mandamus or attachment, as the case may require. If any officers fail or refuse to exhibit to the committee the funds on hand or claimed by them to be on hand, upon presentation of that fact to the judge of the superior court by the committee it shall be his duty to compel the delivery of the funds to the committee for the purpose of counting the same, by mandamus or attachment.", and inserting in lieu thereof the following:
"15-12-76. Reserved."
Section 6. Said title is further amended by striking Code Section 15-12-78, relating to inspection of county jails, which reads as follows:
"15-12-78. Grand juries shall carefully inspect the sanitary condition of the jails of their respective counties at each regular term of the superior court and in their general presentments shall make such recommendations to the county governing authorities as may be necessary to provide for the proper heating and ventilation of the jails, which recommendations the county governing authorities shall strictly enforce. The grand juries shall also make such presentments as to the general sanitary condition of the jails and the treatment of the inmates as the facts may justify.",

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and inserting in lieu thereof the following: "15-12-78. Reserved."
Section 7. Said title is further amended by striking Code Section 15-12-79, relating to inspection of public buildings, property, and records and reports thereon, which reads as follows:
"15-12-79. The first or second grand jury impaneled in each calendar year shall inspect all the public buildings and other property of the county and the county records and shall report their condition in the general presentments. There shall be only one such inspection in a calendar year unless the inspecting grand jury or a grand jury impaneled later in the same year deems it necessary to inspect the property more than once during the same year.", and inserting in lieu thereof the following:
"15-12-79. Reserved."
Section 8. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subsection (b) of Code Section 16-10-6, relating to the sale of real or personal property to a political subdivision by a local officer or employee, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Subsection (a) of this Code section shall not apply to: (1) Sales of personal property of less than $200.00 per calendar quarter; (2) Sales of personal property made pursuant to sealed competitive bids made by
the employee, appointive officer, or elective officer, either for himself or herself or on behalf of any business entity; or
(3) Sales of real property in which a disclosure has been made: (A) To the grand jwy e* judge of the probate court of the county in which the
purchasing political subdivision is wholly included or, if not wholly included in any one county, to the grand jvry er judge of the probate court of any county in which the purchasing political subdivision is partially included and which shall have been designated by the purchasing political subdivision to receive such disclosures2 provided that if the sale is made by the judge of the probate court, a copy of such disclosure shall also be filed with any superior court judge of the superior court of the county;
(B) At least 15 days prior to the date the contract or agreement for such sale will become final and binding on the parties thereto;
(C) Which shows that an employee, appointive officer, or elective officer of an employing political subdivision or agency thereof has a personal interest in such sale, which interest includes, without being limited to, any commission, fee, profit, or similar benefit and which gives the name of such person, his or her position in the political subdivision or agency, the purchase price, and location of the property."
Section 9. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-2-112, relating to annual reports by county school superintendents to grand juries and inspection of books, which reads as follows:
"20-2-112. It shall be the duty of the county school superintendent to make a report of the school operations of the preceding fiscal year to the grand jury at the fall term of the superior court and to place his books before them for examination; and in making up the general presentments it shall be the duty of the jury to take proper notice of the matters thus brought to their attention.", and inserting in lieu thereof the following:
"20-2-112. Reserved."
Section 10. Said title is further amended by striking Code Section 20-2-394, relating to information in reports to grand juries, which reads as follows:
"20-2-394. At the opening term of the superior court of each county where money has been borrowed by the county board of education under this part, the county school superintendent shall include in his report to the grand jury the amount of money so borrowed during the preceding year, from whom borrowed, the rate of interest paid, the date or dates the money was borrowed, and when paid back.",

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and inserting in lieu thereof the following: "20-2-394. Reserved."
Section 11. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-9-10, relating to inspection of county buildings, property, and records by the grand jury, which reads as follows:
"36-9-10. It shall be the duty of the grand juries to inspect all the public buildings and other property of the county and the county records and to report in their general presentments their condition.", and inserting in lieu thereof the following:
"36-9-10. Reserved."
Section 12. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Walker of the 141st, et al. move to amend the Committee substitute to SB 31 by adding after the semicolon on line 12 of page 1 the following:
"to provide that under certain circumstances a superior court judge who is removed from office as a result of federal court order shall become a special judge of the magistrate court; to provide for the term, compensation, service, and powers and duties of any such special judge of the magistrate court;".
By adding after the first semicolon on line 15 of page 1 the following:
"to provide effective dates;".
By adding between Sections 1 and 2 a new Section 1.1 to read as follows:
"Section 1.1. Said title is further amended by adding at the end of Code Section 15-10-20, relating to judges of the magistrate courts, a new subsection (i) to read as follows:
'(i) (1) Any person who is holding office on January 1, 1994, as a judge of the superior courts of this state, whether within the term for which elected or appointed or otherwise, and who subsequent to such date and prior to December 31, 1996, is effectively removed from such office by federal court order shall upon such removal become a special judge of the magistrate court as provided for in this subsection. As used in this subsection, the term "federal court order" shall mean only an order of a federal court which is entered in a civil action challenging under federal law or federal constitutional provisions (or both) the validity of the manner of selection of superior court judges in this state. A person shall be considered as effectively removed from office by such an order if the order by its terms prohibits such person's continued service as a judge of the superior courts without by the terms of the order allowing such person a meaningful opportunity to seek an appointment or election as a judge of the superior courts which would take effect within 30 days following such removal. Nothing in this subsection shall apply with respect to any removal from office resulting from criminal conduct or other malfeasance on the part of the person removed from office.
(2) Any person becoming a special judge of the magistrate court pursuant to this subsection shall become a special judge of the magistrate court of the county in which such person resides. Any such special judge of the magistrate court shall serve for a term of office expiring December 31, 1996. The Governor shall issue to each such special judge of the magistrate court a commission stating the date of commencement and expiration of such term of office.
(3) Any special judge of the magistrate court serving pursuant to this subsection shall have all the same powers and duties as any other judge of such magistrate court.

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(4) Any special judge of the magistrate court serving pursuant to this subsection shall be compensated and reimbursed for expenses in such amount or amounts as are now or hereafter provided by law for a judge of the superior courts, such compensation to be payable from state funds in the same manner as now or hereafter provided by law for a judge of the superior courts.
(5) The provisions of this subsection shall control over any other conflicting provisions of this chapter.'"
By renumbering Section 12 as Section 13 and inserting a new Section 12 to read as follows:
"Section 12. Section 1.1 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without such approval. Section 1 and Sections 2 through 11 of 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 substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield
Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D N 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 Y 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 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 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 N 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
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 Y 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 Y Mueller E Oliver Y O'Neal
Orrock Y Padgett E Parham Y Parrish
Y Patten N Pelote Y Perry Y Pinholster
Y Poag Y Polak
Porter Y Poston Y Powell E 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 Y Snow
Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson Y Streat Y Taylor Y Teague Y Teper
Y Thomas N Tillman
Y Titus Y Towery Y Trense Y 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

On the passage of the Bill, by substitute, as amended, the ayes were 151, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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JOURNAL OF THE HOUSE,

SB 47. By Senator Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit certain motor vehicle insurers and insurance policies from requiring the use of certain companies or locations for glass replacement or repair services or products insured by such policies; to prohibit certain acts in furtherance of the prohibition.

The following Committee substitute was read:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide extensive revision of various provisions of such title; 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 conditions under which insurers may be required to pay the expenses of examination by the Commissioner; 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 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; to delete certain reporting requirements for surplus line brokers; to allow a renewed or extended policy to be financed with the same insurance premium finance company without the execution of a new premium finance agreement; to provide for an addendum to a premium finance agreement to be mailed or delivered to the insured; to require premium finance companies to provide written disclosure to insureds of the existence within a premium finance agreement of any power of attorney enabling such premium finance company to cancel any insurance contract listed in the agreement; to provide for the form of such notice; to prohibit certain acts relative to the use of certain motor vehicle repair facilities; to require an estimate for repair work to contain or have attached a notice with regard to repair facilities; to require motor vehicle glass replacement businesses to provide the name of the brand of glass provided; to revise the definition of adverse underwriting decision; to repeal the definition of unauthorized insurer; to delete references to agents in connection with adverse underwriting decisions; to repeal the authority of the Commissioner to investigate agents for certain violations; to provide for editorial revision; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to 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:
ft) Afty insurance agent, subagcnt, broker, counselor, adjuster, er my other -person licensed under this title;
42) (1) Any person having a contract under which he enjoys in fact the exclusive or dominant right to control an insurer;
43) (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;
44) (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;
46} (4) Any other person transacting the business of insurance, whether authorized or unauthorized;

MONDAY, MARCH 14, 1994

2289

{ ) (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
4?) (6) Any person seeking to acquire any other person subject to the jurisdiction of the Commissioner pursuant to this title."
Section 2. Said title 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. Said title is further amended by striking Code Section 33-2-15, relating to conditions under which insurers must pay the expenses of examination by the Commissioner of Insurance, and inserting in lieu thereof the following:
"33-2-15. At the direction of the Commissioner, the insurer or other person so examined shall pay all the actual travel and living expenses of the examination. When the examination is made by an examiner who is not a regular employee of the department, the person examined shall pay the proper charges for the services of the examiner and his the examiner's assistants and the actual travel and living expenses incurred by such examiners and assistants in an amount approved by the Commissioner. A consolidated account for the examination shall be filed by the examiner with the Commissioner. No person shall pay and no examiner shall accept any additional emolument on account of any examination. When the examination is conducted in whole or in part by regular salaried employees of the department, payment for such services and proper expenses shall be made by the person examined to the Commissioner, and such payment shall be deposited in the state treasury; provided, however, that, when an agent, broker, solicitor, counselor, subagent, surplus lines broker, or adjuster is examined because ef- a complaint
slower iinets tnftt- the complsint WQS not justiiicdj tiiG expenses 01 tiie Gx&mmfltion sn&li not "OC obsessed fl^&inst tne fluent, DroKop'j solicitor counselor t of tto-justcr out snsii DG borne by the department2 unless the examination produces evidence of willful or intentional violation of this title."
Section 4. Said title is further 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 rtrie ae4 regulation may require each insurer2 including any surplus line insurer, providing product liability insurance in this state to provide annual reports of its affairs transactions and operations regarding product liability insurance covering risks located in this state with such frequency ad in such form as the Commissioner deems 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 5. 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, and inserting in lieu thereof 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 location of the subject of the insurance, coverage, conditions a general statement of the type 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 policy, when delivered, shall state the name and address and proportion of the entire direct risk assumed by each insurer."

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JOURNAL OF THE HOUSE,

Section 6. Said title is further amended by striking Code Section 33-5-29, relating to filing of quarterly affidavits by surplus line brokers, and inserting in lieu thereof the following:
"33-5-29. (a) Each surplus line broker shall file with the Commissioner, on a quarterly 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 in which premiums were paid er were de and payable billed by the surplus line broker 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 Section 33-5-31. The tax shall be remitted with the surplus line broker's quarterly affidavit.
\D^ xR so.diiion to trie tniornifltion recftiired OR trie (jtiflrteriy ftiiidflvtt, escii surplus

tne iftst preceding cfliendSLf yesp ending on ueccmocf or or tor other periods of time ft& the Commiaaioncr may require. These reports shall fee made in ouch ferns and shall contain any information as the Commiaaioncr may by regulation er by eretei1 from time te
required te fee limited te the following information: \ i / i ftc totfli nurnDer of product iisoiiity ciflinis, DroKen down oyi
(B) Whether the claims were it)----Reported during a Brief period and closed during the reporting period; {) Reported and closed during the reporting period; er (iii) Reported and net closed during the reporting period;
of cftte^jory of CIQIHISJ \O7i RC totfli ftiwount ot reserves svsiiflDic to pfty ttiose product iiQDility cifums
en reserves shall fee required te fee maintained by the Commissioner in confidence,
inspection fey members ef the General Assembly upon request; \^tj me totfli 8Hiount of premiums received ironi insured persons, resident or
must fee classified separately with respect te manufacturers, wholesalers er diatribu-
\OT i ftc totfli numDer ot insured pe^sonSj resident of iocdtea rR tnis stflte, tor which the product liability insurance has been provided which muat fee classified separately with respect te manufacturers, wholesalers er distributors, ad retailers;
\o)----j. nc totfli numDCF of msurect persons^ fcsideRt or locftted 'tR tnis stfltc, wftose
placed the coverage, canceled er refused te renew and the rcaaona therefor which must be classified separately with respect te manufacturers, wholesalers or distributors, and

which information must be claaaificd separately with respect te manufacturers, wholesalers 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."
Section 7. 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, and inserting in lieu thereof the following:
"(a) The surplus line broker shall remit to the Commissioner, on or before the fifteenth day of April, July, October, and January, at the time his or her quarterly affidavit is submitted, as a tax imposed for the privilege of doing business as a surplus line

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broker in this state, a tax of 4 percent on all premiums paid er de and payable billed by the surplus line broker during the preceding quarter, less return premiums and exclusive 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 8. Said title is further amended by striking Code Section 33-22-8, relating to the form, contents, execution, and delivery of premium finance agreements, and inserting in lieu thereof a new Code Section 33-22-8 to read as follows:
"33-22-8. (a) A premium finance agreement shall: (1) Be dated and signed by or on behalf of the insured, and the printed portion
of the agreements shall be in at least eight-point type; (2) Contain the name and place of business of the insurance agent or insurance
broker negotiating the related insurance contract, the name and residence of place of business of the insured as specified by him or her, the name and place of business of the premium finance company to which payments are to be made, a description of the insurance contracts involved, and the amount of the premium for the contracts; and
(3) Set forth the following items, where applicable: (A) The total amount of the premiums; (B) The amount of the down payment; (C) The principal balance (the difference between subparagraphs (A) and (B) of
this paragraph); (D) The amount of the service charge, including the additional charge as pro-
vided in Code Section 33-22-9; (E) The balance payable by the insured (sum of subparagraphs (C) and (D) of
this paragraph); and (F) The number of payments required, the amount of each payment expressed
in dollars, and the due date or period of payment. (b) The items set out in paragraph (3) of subsection (a) of this Code section need not be stated in the sequence or order in which they appear in such clause and additional items may be included to explain the computations made in determining the amount to be paid by the insured. (c) The licensee or the insurance agent or insurance broker shall deliver to the insured or mail to hk the insured at his or her address shown in the agreement a complete copy of the agreement. (d) Whenever an insurance policy has been financed pursuant to this chapter, a renewal or extension of such policy may be financed with the same premium finance company without the execution of a new premium finance agreement. The premium finance company shall mail or deliver to the insured an addendum to the existing premium finance agreement in the same manner as provided in subsection (c) of this Code section and such addendum shall contain the information required under subsection (a) of this Code section."
Section 9. Said title is further amended by adding immediately following Code Section 33-22-12, relating to notification of an insurer by a premium finance company of the existence of a finance agreement, a new Code Section 33-22-12.1 to read as follows:
"33-22-12.1. Whenever a premium finance company executes a premium finance agreement relative to a personal or family-type policy of insurance, it shall mail or deliver to the insured a copy of the agreement as provided in subsection (c) of Code Section 33-22-8 and a written notice which clearly discloses to the insured the existence of the power of attorney contained in such agreement. The written notice shall substantially comply with the following form:
'NOTICE
Your insurance policy premiums have been financed and are payable on a monthly payment basis. If you do not pay each payment on or before the date due or within

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15 days of the date due, we have the right to CANCEL your insurance policy or policies which are financed under the premium finance agreement. To avoid cancellation of your policy or policies, MAKE YOUR PAYMENTS ON TIME.'"
Section 10. Said title is further amended by striking Code Section 33-34-6, relating to the selection of motor vehicle repair facilities, and inserting in lieu thereof a new Code Section 33-34-6 to read as follows:
"33-34-6. (a) Subject te the provisions ef subsection 4te) ef this Code section, e insurer sfiftii represent to ft person mflKingi ft cioim under & mot? vefticie insursncc poi~ icy tnflti tne use ot OF tne tsiiure to use ft psrticuisr repflip iflciiity &f por11cuiflr fcpftir facilities may result the nonpayment of a claim.
4b) No insurer shall require a person making a claim under a motor vehicle insurance policy to use a particular repair facility or particular repair facilities in order to settle a claim if the person making the claim can obtain the repair work on the motor vehicle at the same or lesser cost from another source.
\c) \ D) INothing contflincd tft tins Oode section sftflij street tfte n^tits of ftfty insurer er insured pursuant te the provisions ef the policy ef- insufance. No insurer, including any agent or adjuster for such insurer, shall engage in any act or practice of intimidation, coercion, or threat with respect to the insured under such policy; provided, however, when an insurer has made prior arrangements with a repair facility or repair facilities that allow the insurer to guarantee repair work, the existence of such agreement shall not be interpreted to be threatening, coercive, or intimidating.
(c) Any written estimate for the repair of a motor vehicle prepared by an insurance adjuster or a motor vehicle repair facility shall contain or have attached thereto the following notice:
'NO INSURER MAY REQUIRE A PERSON MAKING A CLAIM UNDER A MOTOR VEHICLE INSURANCE POLICY TO USE A PARTICULAR REPAIR FACILITY IN ORDER TO SETTLE A CLAIM IF THE PERSON MAKING THE CLAIM CAN OBTAIN THE REPAIR WORK ON THE MOTOR VEHICLE AT THE SAME OR LESSER COST FROM ANOTHER SOURCE.' (d) Upon the request of an insured, a business providing motor vehicle glass replacement shall furnish that insured with the name of the type or brand of glass being so provided. (e) Nothing contained in this Code section shall affect the rights of any insurer or insured pursuant to the provisions of the policy of insurance."
Section 11. Said title is further amended by striking paragraph (1) of Code Section 33-39-3, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Adverse underwriting decision' means: (A) Any of the following actions with respect to insurance transactions involving
insurance coverage which is individually underwritten: (i) A declination of insurance coverage; (ii) A termination of insurance coverage; (iii) Failure of an agent to apply for insurance coverage with a specific insurance
institution which the agent represents and which is requested by an applicant; (iv) In the case of a property or casualty insurance coveragej;
market mechanism, eon unauthorized insurer, er an insurance institution which specializes m substandard risks; et
{H) T-he the charging of a higher rate on the basis of information which differs from that which the applicant or policyholder furnished; (v) In the case of a life, health, or disability insurance coverage, an offer to insure at higher than standard rates; or (B) Notwithstanding subparagraph (A) of this paragraph, the following actions shall not be considered adverse underwriting decisions but the insurance institution or agent responsible for their occurrence shall nevertheless provide the applicant or policyholder with the specific reason or reasons for their occurrence:

MONDAY, MARCH 14, 1994

2293

(i) The termination of an individual policy form on a class or state-wide basis; (ii) A declination of insurance coverage solely because such coverage is not available on a class or state-wide basis; or (iii) The rescission of a policy."
Section 12. Said title is further amended by striking paragraph (26) of Code Section 33-39-3, relating to definitions, which reads as follows:
"(26) 'Unauthorized insurer' means an insurance institution that has not been granted a certificate of authority by the Commissioner to transact the business of insurance in this state.", in its entirety.
Section 13. Said title is further amended by striking Code Section 33-39-13, relating to limitations on adverse underwriting decisions, and inserting in lieu thereof a new Code Section 33-39-13 to read as follows:
"33-39-13. (a) No insurance institution or agent may base an adverse underwriting decision in whole or in part:
(1) On the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism; provided, however, an insurance institution er agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision;
(2) On personal information received from an insurance-support organization whose primary source of information is insurance institutions; provided, however, an insurance institution ef agent may base an adverse underwriting decision on further personal information obtained as the result of information received from such insurance-support organization. (b) With respect to a personal or family type policy of motor vehicle insurance, no insurance institution ef agest may base an adverse underwriting decision solely on the fact that the applicant has never purchased such a policy of motor vehicle insurance or has not owned or been covered by such a policy of motor vehicle insurance during any specified period immediately preceding the date of application."
Section 14. Said title is further amended by striking Code Section 33-39-15, relating to investigations by the Commissioner into affairs of insurance institutions, agents, or insurance-support organizations, and inserting in lieu thereof a new Code Section 33-39-15 to read as follows:
"33-39-15. (a) The Commissioner shall have power to examine and investigate into the affairs of every insurance institution er agent doing business in this state to determine whether the insurance institution or agent has been or is engaged in any conduct in violation of this chapter.
(b) The Commissioner shall have the power to examine and investigate into the affairs of every insurance-support organization acting on behalf of an insurance institution ef agent which either transacts business in this state or transacts business outside this state that has an effect on a person residing in this state in order to determine whether such insurance-support organization has been or is engaged in any conduct in violation of this chapter."
Section 15. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Barnes of the 33rd and Holland of the 157th move to amend the Committee substitute to SB 47 by striking lines 18 through 24 of page 11 and inserting in lieu thereof the following:
"33-34-6. (a) Subject to the provisions of subsection (b) of this Code section, no insurer shall represent to a person making a claim under a motor vehicle insurance policy that the use of or the failure to use a particular repair facility or particular repair facilities may result in the nonpayment of a claim.

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(b) No insurer shall require a person making a". By striking "{e} (b)" on line 30 of page 11 and inserting in lieu thereof "(c)". By striking "(c)", "(d)", and "(e)" on lines 10, 20, and 24 of page 12, respectively, and inserting in lieu thereof, respectively, "(d)", "(e)", and "(f)". By inserting "SAME" at the end of line 17 of page 12. By inserting "same" prior to the word "repair" in line 28 on page 11.

Representative Lord of the 121st moves to amend the Committee substitute to SB 47 by striking lines 2 and 3 of page 1 and inserting in lieu thereof the following:
"Annotated, relating to insurance, so as to revise significantly provisions relating to agents, surplus line brokers, premium finance companies, insurers, and other licensed entities; to revise".

The Committee substitute, as amended, was adopted.

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

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

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 Y Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence
Y Lawson YLee Y Lewis Y Lord
Lucas Y Maddox Y Mann
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 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 E 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
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 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, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

MONDAY, MARCH 14, 1994

2295

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 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 contracts for the purchase of certain residential property shall have a "Binding Arbitration and Warranty Disclosure Statement".

Representative Watson of the 139th moved that the House insist on its position in disagreeing to the Senate amendments to HB 1608 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 Watson of the 139th, Skipper of the 137th and Dixon of the 150th.

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

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

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

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 Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school".

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 Annotated, 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.

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JOURNAL OF THE HOUSE,

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

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 Annotated, relating to the office of the Governor, so as to provide for decentralization of state government; to provide for evaluations; to provide that the Office of Planning and Budget shall effectuate the purposes of decentralization of state government.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 786. By Representatives Hudson of the 156th, Reaves of the 178th, Royal of the 164th, Ray of the 128th, Bostick of the 165th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption for certain sales of fruits, nuts, vegetables, Vidalia onions, or truck crops.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Gillis of the 20th, Ragan of the llth and Huggins of the 53rd.

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

HB 527. By Representatives Bannister of the 77th, Ehrhart of the 36th, Stancil of the 16th, Culbreth of the 132nd, Lawrence of the 64th and others:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group workers' compensation self-insurance funds, so as to provide that no person shall solicit membership or participation in any such fund unless such person has an agent's license or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated.

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

HB 914. By Representative Culbreth of the 132nd:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia 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.

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

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.

MONDAY, MARCH 14, 1994

2297

The following Senate substitute was read:

A BILL
To amend an Act creating a three-member board of commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, so as to change the compensation of the chairperson of the board; to provide for reimbursement of the expenses of the chairperson; to provide for limits and procedures for such reimbursement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a three-member board of commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof the following:
"(a) The chairperson of the board of commissioners shall receive an annual salary not to exceed a maximum of $35,000.00, to be paid in equal monthly installments from the funds of McDuffie County. The chairperson shall also be reimbursed for actual expenses incurred in his or her official capacity as chairperson, not to exceed a total maximum of $5,000.00 per year. The chairperson shall submit all requests for reimbursement of expenses to the board of commissioners and no reimbursement shall be approved except by the full board at a meeting which shall be open to the public."
Section 2. This Act shall become effective on the date of the commencement of the next term of office of the chairperson of the Board of Commissioners of McDuffie County, January 1, 1997.
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 and Bargeron of the 120th move to amend the Senate substitute to HB 1952 by striking from line 17 of page 1 "$35,000.00" and inserting in lieu thereof "$40,000.00".
By striking from line 21 of page 1 "$5,000.00" and inserting in lieu thereof "$7,519.10".

Representative Harris of the 112th moved that the House agree to the Senate substitute, as amended by the House, to HB 1952.
The motion prevailed.

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

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

HB 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.

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JOURNAL OF THE HOUSE,

HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th, White of the 161st, Hembree of the 98th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolutions of the House:

HR 124. By Representative Holland of the 157th: A resolution compensating Mr. Walter Lewis.

HR 339. By Representative Groover of the 125th: A resolution compensating Ms. Shirley Selph.

HR 906. By Representative Scoggins of the 24th: A resolution compensating Mr. Nelson 0. Scoggins.

HR 926. By Representative Simpson of the 101st: A resolution compensating Mr. James C. Cook.

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

HR 259. By Representatives Breedlove of the 85th and Carrell of the 87th: A resolution compensating Mr. Jimmy Helton.

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

HR 767. By Representative Ehrhart of the 36th: A resolution compensating Mr. Louis Horn III.

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

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 Registration of Used Car Dealers and the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.

MONDAY, MARCH 14, 1994

2299

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 Annotated, relating to jurisdiction of the Department of Corrections and designation 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.

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

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

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 Annotated, relating to the Developmental Highway System, so as to add a certain road corridor to said system.

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

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 Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Early County.

The following Senate amendment was read:

Amend HB 1715 by inserting on line 4 of page 1 between the word and symbol "County;" and the word "to" the following:
"to provide an effective date;".
By inserting between lines 13 and 14 of page 1 the following:
"Section 1.5. This Act shall become effective January 1, 1995."

Representative Cox of the 160th moved that the House disagree to the Senate amendment to HB 1715.
The motion prevailed.

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

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JOURNAL OF THE HOUSE,

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 participate in the Work for Welfare Program; to provide for exemptions; to provide for income tax consequences; to provide for effective dates.

The following Committee substitute was read:

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 provide that certain recipients of public assistance and certain nonsupporting parents of children on whose behalf such assistance is received must participate in the Work for Welfare Program; to establish such program and provide for pilot tests thereof and waiver requests regarding the program; to provide for implementation; to provide for program purposes; to specify participation requirements; to authorize certain governmental agencies and nonprofit organizations to designate positions for program participants and provide for terms and conditions relating thereto; to provide for program coordinators and the duties thereof; to provide for a report concerning incentives for private sector employment of participants to be filed with the General Assembly; to provide for participant lists and assignments; to provide for sanctions for nonparticipation in the program; to provide for notice, hearing, and appeals; to provide for assignment priorities; to provide when program participation is not required; to provide for ineligibility of participants for certain benefits; to provide that participants will not be considered agents or employees of the state or of certain agencies or organizations; to provide for exemptions; to provide for income tax consequences; to provide for rules and regulations; to provide for notices of employment opportunities and applications for employment; to provide for a short title; to provide for legislative findings and intent; to provide for definitions; to provide for waivers and implementation; to require certain state departments to provide notices and information regarding the federal earned income tax credit (EITC); to remove certain limits upon the value of vehicles which may be owned by AFDC recipients or applicants; to provide for a public information campaign; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," is amended by adding immediately following Code Section 49-4-115 a new Code section to read as follows:
"49-4-116. (a) As used in this Code section, the term: (1) 'AFDC benefits' means assistance to recipients of Aid to Families with Depen-
dent Children granted pursuant to this article. (2) 'Cash assistance' means the money payment component of AFDC benefits. (3) 'County DFACS office' means a county department of family and children ser-
vices office. (4) 'Federal agency' means any department or agency of the United States govern-
ment. (5) 'Local government agency' means any county, municipality, or board of educa-
tion or any department, agency, or instrumentality of any of those entities. (6) 'Nonprofit organization' means an organization which is exempt from federal
taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, and which is nonsectarian.
(6.1) 'Nonsupporting parent' means any parent of a child on whose behalf cash assistance is received for at least 24 months out of the last 36 months, when the month of such receipt is after July 1, 1994, which parent is

MONDAY, MARCH 14, 1994

2301

(A) Not a recipient; (B) Under court order to support such child; (C) At least 60 days in arrears in such support; (D) Employed less than 20 hours per month; and (E) Resides in a pilot county. (7) 'Participant' means any recipient or nonsupporting parent who is required to participate in the program. (8) 'Pilot county' means any county in which the program has been established. (9) 'Recipient' means any person who is 18 years of age or over and who receives cash assistance for both that person and any dependent child. (10) 'State agency' means any department, agency, or instrumentality of this state. (11) 'Work for Welfare Program' or 'program' means the Work for Welfare Program established pursuant to subsection (c) of this Code section. (b) Each recipient who has received cash assistance for at least 24 months out of the last 36 months must participate in the Work for Welfare Program in return for receiving cash assistance unless that person is exempt from participation pursuant to subsection (n) of this Code section. Months of receipt include temporary periods in which the recipient is ineligible for cash assistance pursuant to a penalty for failure to comply with eligibility requirements and include any month of receipt of cash assistance after January 1, 1992. (b.l) A nonsupporting parent who is not exempt under subsection (n) of this Code section may be ordered to participate in the Work for Welfare Program for no more than 20 hours per month if so ordered by the court which ordered that parent to support such person's child on whose behalf cash assistance is received. (c) There is established the Work for Welfare Program. No later than July 1, 1994, the department shall design a pilot Work for Welfare Program which meets the requirements of this Code section and by that date shall submit a request for waivers to the appropriate federal agencies requesting approval of such program in no more than ten counties in this state. The department shall implement the program in those pilot counties no later than the first date upon which those provisions of this Code section have become effective so as to allow full implementation of this Code section. (d) The Work for Welfare Program is established for the following purposes:
(1) To emphasize the contractual nature of assistance so that recipients perform services in exchange for cash assistance and so that nonsupporting parents perform services in exchange for cash assistance received by their children;
(2) To give recipients and nonsupporting parents work experience that will help them in achieving self-sufficiency through employment and maintain self-dignity and pride; and
(3) To provide governmental agencies and nonprofit organizations with labor for those jobs which do not require full-time permanent employees.
(e) Each recipient who is required to participate in the program pursuant to subsection (b) of this Code section and who resides in a pilot county and each nonsupporting parent under court order to participate is required to participate in the program for 20 hours per month. If 20 hours are not available in positions in agencies and organizations other than a county DFACS office, the recipient or nonsupporting parent must participate in other work or job search activities specified by the county DFACS office for such portions of that 20 hour period in which those positions are not available.
(f) Federal agencies, state agencies, local government agencies, and nonprofit organizations may designate Work for Welfare Program positions in such agencies or organizations for recipients and nonsupporting parents required to participate in the program. Such agencies and organizations are encouraged to participate in designating such positions and to cooperate with the program coordinator for the applicable pilot county in developing those positions. Such positions shall not result in the displacement of persons who are already employed as regular full-time or part-time employees of such agencies or organizations.
(g) (1) The commissioner shall designate a Work for Welfare Program coordinator from each Positive Employment and Community Help (PEACH) local coordinating

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JOURNAL OF THE HOUSE,

council which serves each pilot county. This coordinator will solicit employer participation and market the Work for Welfare Program to those agencies and organizations who may specify positions for the program pursuant to subsection (f) of this Code section. The coordinator will also enroll such agencies and organizations in the program and determine the hours of opportunity for public service they will provide monthly to participants for workplace experience in those agencies or organizations.
(2) The Work for Welfare Program coordinators from the pilot counties shall be authorized and directed to report as a group to the General Assembly any recommendations concerning incentives to encourage the employment of participants by private sector employers. Such report shall be made to the General Assembly not later than six months after the implementation date of the Work for Welfare Program,
(h) County DFACS offices shall maintain a list of recipients and nonsupporting parents who are required to participate in the program and assign specific participants from that list to agencies and organizations enrolled in the program. Such assignments will be based upon guidelines developed by the department which take into account factors which include without being limited to availability of transportation and proximity to
service site. A participant shall not be required to be personally responsible for payment of transportation costs associated with the Work for Welfare Program.
(i) A recipient required to participate in the program who, without good cause, does not participate as required shall:
(1) For the first violation be denied cash assistance for one month for the recipient;
(2) For the second violation be denied cash assistance for three months for the recipient; and
(3) For the third violation be denied cash assistance for 24 months for the recipient, after the expiration of which 24 month period the recipient will be deemed to have no prior violation.
The department shall specify what constitutes good cause for purposes of this subsec-
tion, and this shall include without being limited to temporary illness of the recipient or dependent child, any court mandated appearance, and temporary unavailability of
transportation. The denial of cash assistance pursuant to this subsection shall be an action subject to notice, opportunity for hearing, and judicial review under Code Section
49-4-13. A nonsupporting parent who is required by court order to participate in the program and who does not participate in the program may be held in contempt of court
for violating the order requiring such participation. (j) Agencies and organizations shall be given preference for Work for Welfare Pro-
gram assignments in the following order of priority: (1) State agencies;
(2) Local government agencies; (3) Federal agencies; and
(4) Nonprofit organizations. (k) Work for Welfare Program participation by recipients shall not be required dur-
ing school vacation times in the summer or during holidays and shall be scheduled to accommodate school hours as such may impact a specific recipient who is required to participate in the program.
(1) To the extent practical and feasible, each participant in the program should be given consistent work assignments with an agency or organization which will enhance
and develop specific work skills of that participant and which will take into consideration the interests, abilities, and experience of that participant.
(m) A participant shall not be eligible for any minimum wage, unemployment compensation, or workers' compensation benefit or any health, retirement, or other benefits from the agency or organization for which the participant is performing services nor
shall such participant be considered to be an agent or employee of such agency or organization or of the state.
(n) The following persons are exempt from the Work for Welfare Program: (1) A disabled or incapacitated adult;
(2) A caretaker of a disabled or incapacitated dependent person living in the household;

MONDAY, MARCH 14, 1994

2303

(3) A caretaker whose needs are not included in the cash assistance grant; (4) A person who remains in an educational or job-training program; (5) A person who is working at least 20 hours a month to support himself or herself and his or her family; (6) A person actively participating in a Positive Employment and Community Help (PEACH) Program component; (7) A person who does not have transportation to the service site; (8) A recipient caretaker who has a child under five years of age as of September 1 of a school year; and (9) A recipient or nonsupporting parent who is 60 years of age or over. (o) Credit for participation in the program shall not constitute income for state income tax purposes. (p) The department shall promulgate rules and regulations implementing the Work for Welfare Program on a pilot basis. (q) The department shall give Work for Welfare Program credit on an hour per hour basis if the participant is employed for less than 20 hours per month and is paid for such work. The department shall ensure that each participant receives notice of and an opportunity to apply for any paid employment which becomes available in the agency or organization to which the participant is assigned."
Section 2. Said article is further amended by adding following Code Section 49-4-116 a new Code section to read as follows:
"49-4-117. (a) Title. This Code section shall be known and may be cited as the 'Initiative to Promote Work, Education, and Family Stability.'
(b) Legislative findings and intent. The General Assembly finds that the economic future of the state rests on the success and productivity of Georgia's children, too many of whom are growing up in poverty and in families caught in a cycle of dependency. Investing in these children, in their families, and in their ability to gain and maintain self-sufficiency is an investment in Georgia's future. The General Assembly further recognizes that the current AFDC regulations create barriers and disincentives to gaining and maintaining employment for recipient families and that steps should be taken to remove some of these barriers by making sure that:
(1) Going to work does not disrupt family formation and that working families can truly increase their standard of living;
(2) Teenagers in AFDC-receiving families have the opportunity to secure a better future for themselves; and
(3) The regulations do not make it difficult for AFDC recipients to get to work and that working does not mean the loss of critical supports. The General Assembly also finds that there are programs currently available in Georgia that are of significant financial benefit to AFDC recipients and low-income Georgians that are not being fully utilized and that steps should be taken to increase the utilization of these programs. (c) Definitions. As used in this Code section, the term:
(1) 'AFDC' means Aid to Families with Dependent Children, as provided pursuant to this article.
(2) 'EITC' means earned income tax for credit provided under the Internal Revenue Code. (d) State experimentation. No later than July 1, 1994, the Department of Human
Resources shall request the waiver or waivers necessary to implement subsection (f) of this Code section from the secretary of the federal Department of Health and Human Services, other federal agencies, or any combination of federal agencies. Each such subsection shall not apply unless the federal waiver as to that subsection is in effect. If a waiver is received, the Department of Human Resources shall implement that subsection beginning on the first day of the third month after the effective date of the waiver or upon the appropriation of funds to implement the subsection, whichever occurs last.
(e) (1) The Department of Labor will include an EITC notice with 1099-G forms mailed to all unemployed workers each January, beginning January, 1995.

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JOURNAL OF THE HOUSE,

(2) The Department of Human Resources will publicize the federal government's '800' number to provide information on EITC eligibility and referral to free tax preparation services, beginning no later than December, 1994.
(3) All state employees with earnings under the EITC threshold will be sent a notice by the Department of Revenue concerning EITC eligibility, every January, beginning January, 1995.
(4) The Department of Human Resources will develop a plan for informing AFDC, food stamps, and Medicaid recipients, as well as foster parents, about eligibility for EITC, including an in person explanation, to be implemented no later than December 1, 1994. (f) Vehicle exemption. The Department of Human Resources will request a waiver from the federal Department of Health and Human Services to remove the current $1,500.00 limit on the value of a vehicle an AFDC applicant or recipient can own, when the vehicle is used to commute to work, job training, education or for job search purposes."
Section 3. This Act, except for Section 1 thereof, and those provisions of Section 1 of this Act which require the Department of Human Resources to design the Work for Welfare Program and to submit requests to the appropriate federal agencies for waivers to implement that program, shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of Section 1 of this Act shall become effective only if such waivers are approved and in that event shall become effective upon the later of January 1, 1995, or six months following the receipt of such waiver approvals.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Felton of the 43rd moves to amend the Committee substitute to SB 464 as follows:
Add a new paragraph (f) on Line 16, Page 5, to read as follows:
"Participants who are enrolled and who attend classes in parenting and/or conflict resolution, sponsored by state agencies and nonprofit organizations, including religious organizations, shall be counted as part of the 20 hours of required service."
Reletter the following subsections.
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
Y Breedlove Y Brooks, D Y Brooks, T
Brown N Buck Y Buckner Y Bunn

Y Burkhalter
N Byrd Y Campbell N Canty N Carlisle N Carrell N Carter Y Cauthorn N Chambless N Chandler Y Channell N Childers Y Clark
Y Coker Y Coleman, B N Coleman, T N Colwell N Connell N Cox Y Crawford

Y Crews
N Culbreth 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
Y Hammond N Hanner N Harris, B Y Harris, M Y 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
Johnston Jones N Joyce Y Kaye N Kinnamon N Klein Y Ladd Y Lakly N Lane, D
N Lane, R Y Lawrence N Lawson N Lee N Lewis N Lord N Lucas

MONDAY, MARCH 14, 1994

2305

Y Maddox Y Mann N Martin
N McBee N McCIinton
Y 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 E Parham N Parrish
Patten N Pelote N Perry Y Pinholster N Poag N Polak N Porter N Poston N Powell E Purcell, A N Purcell, B Y 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 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
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

On the adoption of the amendment, the ayes were 59, nays 111. The amendment was lost.

Y Towery Y Trense N Turnquest N 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 Felton of the 43rd moves to amend the Committee substitute to SB 464 as follows:
Add on Line 24, Page 7, a new subsection (k) to read:
"Political parties shall not be considered as nonprofit organization. Participants cannot work for a candidate or political party as part of the 20 hours of required community service."
Reletter the following subsections.

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 Y Barfoot N Bargeron
N Barnes Y Bates Y Benefield Y 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 Y Carlisle N Carrell Y Carter N Cauthorn N Chambless Y Chandler N Channel! Y Childers Y Clark

Y Coker Y Coleman, B N Coleman, T N Colwell Y Connell NCox Y Crawford Y Crews Y Culbreth
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 Y Floyd, J.W N Godbee N Golden Y Goodwin
N Greene N Groover N Hammond N Manner Y 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 Y Irvin N James N Jamieson N Jenkins
Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J
Johnston N Jones
Y Joyce YKaye N Kinnamon
Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence N Lawson Y Lee Y Lewis N Lord

N Lucas Y Maddox Y Mann N Martin N McBee N McCIinton
McKinney N Milam Y Mills N Mobley, B
Y Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal N Orrock N Padgett E Parham N Parrish
Patten
N Pelote N Perry Y Pinholster YPoag N Polak N Porter N Poston N Powell E Purcell, A Y Purcell, B N Randall N Randolph

N Ray N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan Y Sherrill
Y Shipp N Simpson N Sinkfield
Y Skipper N 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 Y Stephenson
Y Streat ' N Taylor N Teague N Teper N Thomas N Tillman Y Titus Y Towery

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JOURNAL OF THE HOUSE,

Y Trense N Turnquest N Twiggs

Y Vaughan Y Walker Y Wall

Y Watson Y Watts Y Westmorland

N White Y Williams, B Y Williams, R

Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 79, nays 91. The amendment was lost.

The following amendment was read:

Representative Johnson of the 97th moves to amend the Committee substitute to SB 464 as follows:
Delete Section 2 in its entirety: Page 9 lines 19 thru 33 Page 10 lines 1 thru 34 Page 11 lines 1 thru 31.

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

N Ashe
Y Atkins N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown NBuck
N Buckner Y Bunn Y Burkhalter N Byrd Y 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 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 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 N Irvin
N James N Jamieson N Jenkins N Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J
Johns ton Jones Y Joyce Y Kaye N Kinnamon
Y Klein YLadd Y Lakly N Lane, D Y Lane, R Y Lawrence N Lawson NLee N Lewis
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 Y Moore N Mosley Y Mueller E Oliver
N O'Neal N Orrock N Padgett E Parham
Parrish Patten N Pelote N Perry Y Pinholster YPoag N Polak N Porter N Poston N Powell E 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 Y Shipp
N Simpson N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 48, nays 120. The amendment was lost.

The following amendment was read:

N Smith, C N Smith, L N Smith, P
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 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 N Wall N Watson N Watts Y Westmorland N White Y Williams, B
Williams, R Y Yates N Yeargin
Murphy, Spkr

MONDAY, MARCH 14, 1994

2307

Representative Johnson of the 97th moves to amend the Committee substitute to SB 464 as follows:
Add new subsection:
Article 5, Chapter 4, Title 49 after December 31, 1998, no person is eligible to receive benefits under this section and no aid may be granted benefits under this section. No additional notice, other than the enactment of this subsection, is required to be given to recipients of aid under this section to terminate their benefits under this subsection.
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
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 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 N Coleman, T

N Colwell N Connell
NCox Y Crawford
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 N Floyd, J.W N Godbee N Golden Y Goodwin
N Greene N Groover
N Hammond N Manner N Harris, B Y Harris, M N Hart N Heard N Hegstrom Y Hembree N Henson N Holland N Holmes

N Howard
N Hudson N Hughes N Hugley N Irvin N James N Jamieson N Jenkins N Johnson, D.H Y Johnson, E Y Johnson, G
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 Y Lewis NLord N Lucas Y Maddox Y Mann N Martin
N McBee N McClinton N McKinney
N Milam Y Mills

N Mohley, B N Mobley, J N Moore N Mosley N Mueller E Oliver N O'Neal N Orrock
N Padgett E Parham N Parrish
Patten N Pelote N Perry Y Pinholster
Poag N Polak N Porter
N Poston N Powell
E 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 Y Shipp N Simpson N Sinkfield N Skipper

N Smith, C N Smith, L N 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 N Teague N Teper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker N Wall N Watson
N Watts Y Westmorland N White Y Williams, B Y Williams, R 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:

Representatives Sinkfield of the 57th and Baker of the 70th move to amend the Committee substitute to SB 464 by adding after "campaign;" on line 6 of page 2 the following:
"to extend AFDC eligibility for certain children up to 19 years of age;".
By striking "(f)" and inserting "(g)" on line 30 of page 10.
By striking the quotation marks on line 31 of page 11 and inserting between lines 31 and 32 of page 11 the following:
"(g) Increasing school completion. Earnings of children up to 19 years of age who are attending school on a full-time basis in otherwise eligible families shall not be countable as income for AFDC eligibility purposes, and effective July 1, 1996, eligibility for

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JOURNAL OF THE HOUSE,

AFDC benefits for all recipients is extended to otherwise eligible families with children up to 19 years of age who are attending school on a full-time basis.'"

On the adoption of the amendment, 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 N Brooks, D Y Brooks, T Y Brown YBuck Y Buckner Y Bunn N Burkhalter Y Byrd N Campbell
Y Canty Y Carlisle Y Carrell N Carter Y Cauthorn
Y Chambless N Chandler Y Channell N Childers N Clark N Coker
N Coleman, B Coleman, T

Y Colwell
Y Connell YCox N Crawford N Crews
N Culbreth N Cummings
Y Davis, G N Davis, M Y Dickinson NDix 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
Manner N Harris, B N Harris, M YHart Y Heard Y Hegstrom
N Hembree Y Henson
Y Holland Y Holmes

Y Howard Y Hudson
Hughes Y Hugley N Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H N Johnson, E N Johnson, G N Johnson, J
Johnston Y Jones
N Joyce N Kaye Y Kinnamon N Klein N Ladd N Lakly Y Lane, D N Lane. R N Lawrence Y Lawson Y Lee N Lewis Y Lord Y Lucas N Maddox N Mann Y Martin Y McBee Y McClinton Y McKinney N 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
Poag Y Polak Y Porter
Y Poston Y Powell E Purcell, A N Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
N Shipp N Simpson Y Sinkfield Y Skipper

On the adoption of the amendment, the ayes were 109, nays 61. The amendment was adopted.

N Smith, C Y Smith, L Y Smith, P
Y Smith, T N Smith, V N Smith, W Y Smyre Y Snow
N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y 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, R
N Yates Y Yeargin
Murphy, Spkr

The following amendments were read and adopted:

Representatives Sinkfield of the 57th and Baker of the 70th move to amend the Committee substitute to SB 464 by striking from line 7 of page 3 the following:
"July 1, 1994,",
and inserting in lieu thereof the following: "January 1, 1992,".

Representatives Sinkfield of the 57th and Baker of the 70th move to amend the Committee substitute to SB 464 by adding after "campaign;" on line 6 of page 2 the following:
"to eliminate certain monthly reporting in the AFDC program and food stamp program;".
By striking "(f)" and inserting "(g)" on line 30 of page 10.
By striking the quotation marks on line 31 of page 11 and inserting between lines 31 and 32 of page 11 the following:

MONDAY, MARCH 14, 1994

2309

"(h) Administrative Efficiency. For the AFDC program and the food stamp program, monthly reporting and retrospective budgeting are eliminated.'"

The following amendment was read:

Representative Mobley of the 69th moves to amend the Committee substitute to SB 464 as follows:
Page 9 line 3 - delete and
Line 5 - delete ".", add "; and"
Between line 5 and (0) insert:
(10) A recipient who is presently, actively participating in a community service program and/or non-profit organization that is related to the welfare of the children of the recipient's household.

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 Y 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 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 N Davis, M
N Dickinson NDix N Dixon, H N Dixon, S NDobbs N Ehrhart
Epps Y Evans N Felton N Floyd, J.M
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 Y 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 N Johnson, D.H N Johnson, E
Johnson, G N Johnson, J
Johnston Jones N Joyce NKaye N Kinnamon N Klein NLadd Y Lakly N Lane, D N Lane, R N Lawrence N Lawson NLee N Lewis NLord N Lucas Y Maddox NMann N Martin N McBee N McClinton N McKinney N Milam N Mills

Y Mobley, B N Mobley, J N Moore
N Mosley Y Mueller E Oliver N O'Neal
N Orrock N Padgett E Parham N Parrish
Patten Y Pelote N Perry Y Pinholster
Poag Y Polak
N Porter N Poston N Powell E Purcell, A Y Purcell, B Y Randall Y 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 20, nays 148. The amendment was lost.

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

The following amendment was read:

Representative Simpson of the 101st moves to amend the Committee substitute to SB 464 as follows:

2310

JOURNAL OF THE HOUSE,

On page 11 after line 24 adding a provision to subsection (e) as follows:
"(5) Department of Human Resources shall contract with local law enforcement agencies to provide patrols of drug infested neighborhoods by AFDC recipients when practicable.
Reletter accordingly.

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

N Ashe N Atkins N Bailey N Baker N Bannister N Barfoot
N Bargeron N Barnes N Bates N Benefleld N Birdsong N Bordeaux N Bostick
Breedlove
Y Brooks, D N Brooks, T
Brown
NBuck Y Buckner YBunn 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 N Coker N Coleman, B N Coleman, T

N Colwell
N Connell NCox
Y Crawford N Crews N Culbreth
Cummings N Davis, G Y Davis, M N Dickinson NDix N 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 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 N Jamieson N Jenkins
N Johnson, D.H N Johnson, E Y Johnson, G N Johnson, J
Johnston Jones Y Joyce NKaye 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
N McKinney N Milam N Mills

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

N Smith, C N Smith, L
N Smith, P N Smith, T N Smith, V N Smith, W
N Smyre NSnow N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson
N Streat N Taylor N Teague NTeper
Thomas N Tillman N Titus Y Towery N Trense N Turnquest N Twiggs
Y Vaughan N Walker N Wall
N Watson N Watts
Y Westmoreland N White
Williams, B N Williams, R N 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 Johnson of the 97th, Ehrhart of the 36th, Trense of the 44th, Lakly of the 105th and Bunn of the 74th move to amend the Committee substitute to SB 464 by adding after "campaign;" on line 6 of page 2 the following:
"to provide for legislative findings; to require that certain persons living with recipients of Aid to Families with Dependent Children (AFDC) provide financial support for children in such household and including such person's income in computing AFDC eligibility; to provide for rules and regulations;".
By striking "subsection (f)" and inserting "subsections (f) and (g)" on lines 29 and 30 of page 10.
By striking the quotation marks on line 31 of page 11 and adding between lines 31 and 32 of page 11 the following:

MONDAY, MARCH 14, 1994

2311

"(g) (1) The General Assembly finds that men and women may live together if they are not married under federal regulations for Aid to Families with Dependent Children (AFDC), under the 'man in the house' rule, and thus there is no incentive for recipients of AFDC benefits to adopt a traditional family structure. The General Assembly further finds that a person who is living with a parent receiving AFDC benefits as a 'man in the house' should bear the same responsibilities and obligations as the recipient with regard to the family.
(2) Notwithstanding any other provision of law to the contrary, the person living with a family receiving AFDC benefits under the 'man in the house' rule, as defined by 45 CFR 233.90, must provide financial support for any children in such family.
(3) Notwithstanding any other provision of law to the contrary, any income of any person living with a family receiving AFDC benefits under the 'man in the house' rule, as defined by 45 CFR 233.90, shall be considered available to such family for the purposes of eligibility for AFDC benefits for that family.'"

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

N Ashe Y Atkins N Bailey N Baker Y Bannister N Barfoot
N Bargeron N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown NBuck N Buckner YBunn Y Burkhalter NByrd 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 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
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 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 Y Johnson, D.H Y Johnson, E Y Johnson, G
Y Johnson, J Johnston
Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly N Lane, D Y Lane, R Y Lawrence N Lawson NLee 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 N Mobley, J Y Moore
N Mosley Y Mueller E Oliver Y O'Neal
N Orrock N Padgett E Parham N Parrish
Patten N Pelote N Perry Y Pinholster
YPoag N Polak N Porter N Poston N Powell
E Purcell, A Y Purcell, B N Randall N Randolph
NRay N Reaves N Reichert N Roberts
N Royal Scoggins
N Shanahan Y Sherrill
Y Shipp N Simpson N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 58, nays 111. The amendment was lost.

Y Smith, C N Smith, L N Smith, P
Smith, T Y Smith, V Y Smith, W N Smyre N Snow N Stancil, F Y Stancil, S N Stanley, L 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 N White Y Williams, B Y Williams, R
Yates N Yeargin
Murphy, Spkr

The following amendment was read:

Representative Ladd of the 59th moves to amend the Committee substitute to SB 464 as follows:
Page 11 line 27 & 28 delete "remove the current $1500.00".

2312

JOURNAL OF THE HOUSE,

Insert "increase to $2500.00 the".

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 Y Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown NBuck N Buckner Y Bunn
Y Burkhalter NByrd
Y Campbell Y Canty N Carlisle N Carrell N Carter Y 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
Y Dickinson YDix
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 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 Y Holland N Holmes

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

N Mobley, B Y Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal N Orrock N Padgett E Parham N Parrish
Patten N Pelote N Perry Y Pinholster YPoag N Polak N Porter N Poston N Powell E Purcell, A Y Purcell, B N Randall N Randolph YRay N Reaves N Reichert N Roberts N Royal
N Shanahan Y Sherrill Y 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 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 Y Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker Y Wall N Watson N Watts Y Westmorland N White Y Williams, B
Y Williams, R Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 71, nays 101. The amendment was lost.

The following amendment was read:

Representative Ehrhart of the 36th, et al. move to amend the Committee substitute to SB 464 by striking lines 1 through 3 of page 1 and inserting in their place the following:
"To amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for definitions; to require".
By adding between the word and symbol "consequences;" and the word "to" on line 26 of page 1.
"to provide for a LEARNFARE program whereby certain teenagers included in grants of public assistance must attend school; to provide for legislative purpose; to provide for definitions; to provide for the circumstances which constitute school attendance; to provide for verification of enrollment and school attendance; to require school systems to provide school attendance information; to provide for exceptions to the school attendance requirements; to provide for termination of public assistance and the procedures relating thereto; to provide for submission for federal approval;"
By striking lines 10 through 12 of page 2 and inserting in their place the following:

MONDAY, MARCH 14, 1994

2313

"Section 1. Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by adding immediately".
By striking the word "article" on line 19 of page 9 and inserting in its place the word "chapter".
By striking lines 32 through 33 of page 11 and lines 1 through 12 of page 12 and inserting in their place the following:
"Section 3. Said chapter is further amended by adding immediately following Article 8 thereof a new article to read as follows:
'ARTICLE 9 49-4-180. The purpose of this article is to provide rules for the administration of LEARNFARE, a program that requires school attendance of all teenagers who are included in a grant of public assistance, who are parents or who are residing with a parent, and who have not graduated from high school or received a GED. 49-4-181. As used in this article, the term:
(1) "Ceased to attend" means that the teenager has 20 consecutive full school days of unexcused absences.
(2) "Department" means the Department of Human Resources. (3) "Dropout" means a teenager who has ceased to attend school, continues to reside in the school system, does not attend another school, does not participate in a home schooling program, has not graduated from high school or received a GED, and does not show good cause for not attending under Code Section 49-4-185. (4) "Excused absence" means that the reason for the absence meets the Department of Education's definition of a valid reason for the teenager's not attending school. (5) "Full day" means the entire school day as defined by the Department of Education. (6) "GED" means general educational development equivalency diploma. (7) "Home study program" means a valid home study program as authorized under Code Section 20-2-690. (8) "LEARNFARE" means a pilot program established under this article that requires school attendance of all teenagers who are included in a grant of public assistance, who are parents or who are residing with a parent, and who have not graduated from high school or received a GED. (9) "Monthly attendance requirement" means that the teenager has no more than two full days of unexcused absences in a school month. (10) "Parent" means a minor's natural or adoptive parent, legal guardian, foster parent, or other person who has legal custody of the minor. (11) "School" means:
(A) A public school as described in Code Section 20-2-690; (B) A private school as described in Code Section 20-2-690; (C) A vocational, technical, or adult education school pursuant to Article 2 of Chapter 4 of Title 20; or (D) A course of study meeting the standards established by the Department of Education or Department of Technical and Adult Education for the granting of a GED. (12) "School system" means the local unit of school administration as described in Article VIII, Section V of the Constitution. (13) "Teenager" means a person who is at least 13 but under 16 years of age, who is either a parent or residing with that person's parent, and who resides in a county in which LEARNFARE is established. (14) "Unexcused absence" means that the reason for the absence does not meet the Department of Education's definition of a valid reason for the teenager not to attend school. 49-4-182. (a) The department shall establish in at least ten counties in this state a pilot LEARNFARE program which meets the requirements of this article. In order

2314

JOURNAL OF THE HOUSE,

to be included in a grant of public assistance, a teenager shall attend school full or part time, except that a teenager who is participating in a home schooling program or has graduated from high school or received a GED is exempt from the school attendance requirement under this article.
(b) A teenager who is required to participate in LEARNFARE under this article shall be considered to be meeting the school attendance requirements under the following circumstances:
(1) A teenager who is required to attend school shall be considered to have met the attendance requirement by having fewer than ten full days of unexcused absences from school during the most recently completed school grading period;
(2) A teenager who has ten or more full days of unexcused absences from school during the most recently completed school grading period or was a dropout and returned to school during the school grading period under review or who is unable to verify previous attendance shall comply with the monthly attendance requirements;
(3) If the school that the teenager is currently enrolled in does not keep daily attendance records, the teenager shall be considered to be meeting the monthly attendance requirement if the school verifies the continuing enrollment of the teenager in the school grading period under review; and
(4) The teenager is not required to comply with attendance requirements when the school the teenager is attending is not in regular session, including during the summer. (c) Either the teenager or the teenager's parent shall cooperate in providing information needed to verify enrollment information or good cause under Code Section 49-4-185. If neither one cooperates, the teenager shall be ineligible for assistance provided under Article 5 of this chapter. 49-4-183. (a) The department shall review school attendance information at all initial eligibility determinations and at all eligibility reviews under Article 5 of this chapter. (b) The signature of an applicant on an application for an Aid to Families with Dependent Children or general assistance grant constitutes permission for the release of school attendance records for that individual or for any teenager residing with that individual. (c) (1) The department shall request information from the teenager's school system about the teenager's attendance in the school system's most recently completed school grading period of attendance.
(2) If information about the teenager's previous school attendance is not available or cannot be verified, the department shall require the teenager to meet the monthly attendance requirement for one school grading period or quarter or until the information is obtained. (d) The department shall use the attendance information provided by a school system to verify attendance for a teenager.
(e) The department shall review a teenager's claim that such teenager has a good cause under Code Section 49-4-185 for not attending school.
49-4-184. (a) A school system shall provide information to the department about the attendance of a teenager who is enrolled in a public school in the school system within five working days after the receipt of a written request for such information from the department.
(b) In reporting attendance, the school system may not add partial days' absences together to constitute a full day's absence.
49-4-185. (a) A teenager who is required to attend school to meet LEARNFARE participation requirements under this article shall comply except when there is good cause which shall be demonstrated by any of the following circumstances:
(1) The teenager is the caretaker of the teenager's own child who is less than 90 days old;
(2) The department determines that child care services are necessary for the teenager to attend school and there is no child care available. Child care shall be

MONDAY, MARCH 14, 1994

2315

considered unavailable if there is no space available for the child in a licensed daycare center within reasonable time and distance or if the cost of the care where space is available is excessive in the judgment of the department;
(3) The department determines that transportation to and from child care is necessary for the teenager's child and there is no public or private transportation available;
(4) The teenager is prohibited by the school system from attending school and an expulsion is pending. This exemption no longer applies once the teenager has been expelled; or
(5) The teenager failed to attend school for one or more of the following reasons: (A) Illness, injury, or incapacity of the teenager or a member of the teenager's
family. For purposes of this paragraph, 'member of the teenager's family' means a spouse, child, parent, or other dependent relative who lives with the teenager;
(B) Court required appearances or temporary incarceration; (C) Medical or dental appointments for the teenager or the teenager's child; (D) Death of a relative; (E) Observance of a religious holiday; (F) Family emergency; (G) Breakdown in public transportation; (H) Suspension from the school; or (I) Any other circumstance beyond the control of the teenager. 49-4-186. (a) Upon determination that a teenager has failed without good cause to attend school as required, the department shall provide written notice to the teenager or the teenager's parents, whoever is the primary recipient of aid, which specifies: (1) That the teenager will be removed from the Aid to Families with Dependent Children or general assistance grant in the next possible payment month because the teenager required to attend school has failed to meet attendance requirements. If the teenager is the only child in the grant, the notice shall state that the entire grant will be discontinued;
(2) The beginning date of the sanction and the teenager to whom the sanction applies; and
(3) The right of the teenager or the teenager's parents, whoever is the primary recipient of aid, to request a fair hearing under subsection (b) of this Code section.
(b) The teenager or the teenager's parents, whoever is the primary recipient of aid, may request a fair hearing on the department's determination that the teenager has not been attending school.
(c) If the teenager or the teenager's parents do not request a fair hearing under subsection (b) of this Code section or if, after a fair hearing has been held, the hearing officer finds that the teenager without good cause has failed to meet the monthly attendance requirement, the department shall discontinue or deny aid to the teenager in the next possible payment month.
(d) A sanction applied under subsection (c) of this Code section shall be effective for one month for each month that the teenager failed to meet the monthly attendance requirement. In the case of a dropout, the sanction shall remain in force until the teenager provides written proof from the school system that the teenager has reenrolled and met the monthly attendance requirement for one calendar month. Any month in which school is in session for at least ten days during the month may be used to meet the attendance requirement under this subsection, including attendance at summer school. The sanction shall be removed the next possible payment month.'
Section 4. It shall be the duty of the department to submit a request for waivers to the appropriate federal agencies requesting approval for implementing Sections 1 and 2 of this Act. Only for purposes of submitting such requests for waivers, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, Section 1 and Section 2 of this Act shall become effective only if such waivers are approved for those respective sections and in that event shall become effective upon the later of January 1, 1995, or six months following

2316

JOURNAL OF THE HOUSE,

the receipt of such waiver approvals, upon which date the remainder of this Act neces-
sary to implement those sections shall become fully effective. Section 5. 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 N Bailey N Baker Y Bannister N Barfoot N Bargeron Y Barnes Y Bates N Benefield N Birdsong N Bordeaux
N Bostick Y Breedlove Y Brooks, D
N Brooks, T Brown
NBuck N Buckner
YBunn Y Burkhalter NByrd Y Campbell N Canty N Carlisle
N Carrell Y Carter Y Cauthorn N Chambless
N Chandler N Channel! Y 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 Y Dickinson YDix Y Dixon, H N Dixon, S Y Dobbs Y Ehrhart
NEpps Y Evans Y Felton
N Floyd, J.M N Floyd, J.W
NGodbee Y 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 Y Hughes N Hugley Ylrvin N James N Jamieson N Jenkins N Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J
Johnston N Jones
Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson NLee Y Lewis YLord N Lucas
Y Maddox YMann N Martin
N McBee N McClinton
McKinney N Milam Y Mills

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

On the adoption of the amendment, the ayes were 76, nays 95. The amendment was lost.

Y 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
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 N White Y Williams, B Y Williams, R
YYates 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 substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

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

N Breedlove N Brooks, D N Brooks, T N Brown YBuck
Y Buckner Y Bunn N Burkhalter YByrd N Campbell Y Canty Y Carlisle
Y Carrell

Y Carter Y Cauthorn
Y Chambless Y Chandler Y Channel!
Y Childers N Clark
N Coker N Coleman, B Y Coleman, T Y Colwell Y Connell
YCox

Y Crawford
N Crews Y Culbreth Y Cummings
N Davis, G N Davis, M N 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 Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris, B N Harris, M

MONDAY, MARCH 14, 1994

2317

YHart Y Heard Y Hegstrom N Hembree Y Henson Y Holland N Holmes Y Howard Y Hudson Y Hughes Y Hugley N Irvin
Y James Y Jamieson Y Jenkins
Johnson, D.H
N Johnson, E N Johnson, G N Johnson, J
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 NLord Y Lucas N Maddox NMann Y Martin
Y McBee Y McClinton N 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 YPoag Y Polak Y Porter
Y Poston Y Powell E Purcell, A N Purcell, B Y Randall Y Randolph
YRay Y Reaves

Y Reichert N 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 N Smith, W Y Smyre YSnow Y Stancil, F
N Stancil, S N Stanley, L N Stanley, P Y Stephenson

Y Streat Y Taylor Y Teague YTeper 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 Westmorland N White N Williams, B N Williams, R NYates
Y Yeargin Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 115, nays 58.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, SB 418 was postponed until Wednesday, March 16, 1994, immediately following the period of unanimous consents.

The Speaker Pro Tern assumed the Chair.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th, Ragan of the llth and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has contracted; to provide for the submission of this amendment for ratification or rejection.

Representative Walker of the 141st moved that the House adhere to its position in substituting SR 203 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, Royal of the 164th and Baker of the 70th.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

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JOURNAL OF THE HOUSE,

HB 282. By Representatives Twiggs of the 8th and Colwell of the 7th:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share of funding under the "Quality Basic Education Act," so as to change the provisions relating to the limitation on local fair share funds.

The following Senate amendment was read:

Amend HB 282 by striking from line 22 of page 1 the following: "1993",
and inserting in lieu thereof the following: "1993 1999". By striking from line 26 of page 1 the following: "1994",

and inserting in lieu thereof the following: "2000".
By striking from line 2 of page 2 the following: "$615",
and inserting in lieu thereof the following: "$700".

Representative Godbee of the 145th moved that the House disagree to the Senate amendment to HB 282.
The motion prevailed.
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 Institutions 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 Senate amendment was read:
Amend HB 929 by adding on line 11 of page 22 between "1985," and the word "or" the following:
"or unless it is accredited to use that designation by a national or regional accrediting agency recognized by the United States Department of Education,".
Representative Godbee of the 145th moved that the House disagree to the Senate amendment to HB 929.
The motion prevailed.

MONDAY, MARCH 14, 1994

2319

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 Annotated, relating to seeds and plants, so as to provide for a Seed Arbitration Council.

The following Senate amendment was read:

Amend HB 1641 on page 2, line 18, delete the word "distributes" and insert the word "sells".

The following amendment was read and adopted:
Representative Hudson of the 156th moves to amend HB 1641 by inserting at the end of line 2 of page 1 the following:
"provide that labels for agricultural seeds shall show the calendar year or years during which the seeds were produced; to".
By striking line 15 of page 1 and inserting in lieu thereof the following:
"amended by striking the word 'and' at the end of subparagraph (c) (9) (B) of Code Section 2-11-22, relating to labeling requirements for seeds; by inserting at the end of subparagraph (c) (9) (C) of said Code section the word 'and; and by inserting immediately following said subparagraph (c) (9) (C) the following:
'(D) The calendar year or years during which the seeds were produced;'
Section 2. Said chapter is further amended by adding a new article to read as follows:".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
Representative Reaves of the 178th moved that the House agree to the Senate amendment, as amended by the House, to HB 1641.
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
Birdsong Bordeaux
Y Bostick Y Breedlove
Brooks, D Y Brooks, T
Brown YBuck
Buckner Bunn Y Burkhalter
YByrd Y Campbell
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
Colwell Connell
YCox Crawford
Y Crews Y Culbreth N Cummings Y Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H
Dixon, S Dobbs
Y Ehrhart YEpps

Y 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 Hegstrom
Y Hembree Henson 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
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 YMann
Martin
Y McBee

Y McClinton McKinney
Y Milam Y Mills Y Mobley, B
Mobley, J Y Moore Y Mosley Y Mueller E Oliver
O'Neal Orrock
Y Padgett E Parham Y Parrish
Patten Y Pelote Y Perry
Y Pinholster YPoag Y Polak Y Porter
Poston Powell E Purcell, A Purcell, B

2320

JOURNAL OF THE HOUSE,

Randall Y Randolph Y Ray Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan
Sherrill

Y Shipp Simpson
Y Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T
Smith, V Smith, W

Y Smyre Y Snow Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Streat Y Taylor Y Teague

Y Teper Thomas
Y Tillman Titus
Y Towery Y Trense
Turnquest Twiggs Y Vaughan Walker

Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R Y Yates
Yeargin Murphy, Spkr

On the motion, the ayes were 127, nays 1. The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 1798 by inserting "to designate English as the official language of Georgia;" immediately following "crop;" on line 4 on page 1.
By inserting "(a)" immediately following "50-3-69." on line 21 on page 1.
By striking the quotation marks on line 22 on page 1 and inserting immediately following line 22 on page 1 the following:
"(b) English shall be the language of public records, as defined in Code Section 50-18-70, and public meetings, as defined in Code Section 50-14-1, including any government documents, records, meetings, or policies enforceable by authority of this state.
(c) Subsection (b) of this Code section shall not apply to:
(1) Public safety, health, or justice matters;
(2) Foreign language instruction or instruction to integrate limited English proficient students into the education system; or
(3) International sporting events, tourism, or commerce.
(d) This code section shall not be construed in any way to deny a person's rights under the Constitution of Georgia or the Constitution of the United States.
(e) It shall be unlawful for any person or entity, including but not limited to any agency, instrumentality, or authority of the state or its political subdivision, to discriminate against any person as a result of such persons using or speaking a language other than the official language. A person who uses or speaks a language other than the official language shall have the right to file a civil action for damages and equitable relief, including injunction, for violation of this subsection.
(f) State agencies, counties, municipal corporations, and political subdivisions of this State are authorized to use or to print official documents and forms in any language other than the official language. Documents filed or recorded with a state agency or county must be in the official language or, if the original document is in a language other than the official language, an English translation must be simultaneously filed.'"

Representative Floyd of the 138th moved that the House disagree to the Senate amendment to HB 1798.

MONDAY, MARCH 14, 1994

2321

The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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.

Representative Jenkins of the 110th moved that the House insist on its position in disagreeing to the Senate amendment to HB 800 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 Jenkins of the 110th, Watson of the 139th and Smith of the 109th.

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 Annotated, relating to the office of the Governor, so as to provide for decentralization of state government; to provide for evaluations; to provide that the Office of Planning and Budget shall effectuate the purposes of decentralization of state government.

Representative Hanner of the 159th moved that the House insist on its position in disagreeing to the Senate amendments to HB 1810 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 Hanner of the 159th, Cox of the 160th and Kinnamon of the 4th.

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

HB 533. By Representatives Stanley of the 50th, Davis of the 48th, Martin of the 47th, Randall of the 127th and Stanley of the 49th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and morals, so as to provide penalties for contributing to the delinquency of a minor by soliciting, coercing, intimidating, or conspiring with a minor to commit a violent crime.

2322

JOURNAL OF THE HOUSE,

The following Senate amendments were read:

SENATE AMENDMENT NO. 1

Amend HB 533 by inserting on line 8 of page 1 between the word and symbol "revision;" and the word "to" the following:
"to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions in the 'Georgia Street Gang Terrorism and Prevention Act,' so as to add rape within the list of those crimes considered a pattern of criminal gang activity;".
By inserting between lines 10 and 11 of page 4 the following:
"Section 2. Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions in the 'Georgia Street Gang Terrorism and Prevention Act,' is amended by striking paragraph (2) in its entirety and inserting in its place the following:
'(2) "Pattern of criminal gang activity" means the commission, attempted commission, or solicitation of two or more of the following offenses, provided at least one of those offenses occurred after July 1, 1992, the last of those offenses occurred within three years after a prior offense, and the offenses are committed on separate occasions or by two or more persons:
(A) Aggravated assault, as defined in Code Section 16-5-21; (B) Aggravated battery, as defined in Code Section 16-5-24; (C) Robbery, as defined in Code Section 16-8-40; (D) Armed robbery, as defined in Code Section 16-8-41; (E) Murder or felony murder, as defined in Code Section 16-5-1; (F) Voluntary manslaughter, as defined in Code Section 16-5-2; (G) Involuntary manslaughter, as defined in Code Section 16-5-3; (H) The unlawful sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture a controlled substance in violation of any provision of Article 2 of Chapter 13 of this title, the "Georgia Controlled Substances Act"; (I) Terroristic threats and acts, as defined in Code Section 16-11-37; (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 16-10-937 ] or (L) Rape, as defined in Code Section 16-6-1.'"
By redesignating Section 2 as Section 3.

SENATE AMENDMENT NO. 2

Amend HB 533 by striking the words "violent crime" and inserting in lieu thereof word "felony" on lines 6 and 7 of page 1.
By striking from lines 26 and 27 and from lines 28 and 29 of page 2 the following:
"which encompasses force or violence as an element of the offense".
By striking "j and" at the end of line 6 of page 4 and inserting in lieu thereof the following:
"and the first year of such sentence shall not be suspended, probated, deferred, or withheld;".
By striking line 10 of page 4 and inserting in lieu thereof the following:
"than twenty years and the first three years of such sentence shall not be suspended, probated, deferred, or withheld; and

MONDAY, MARCH 14, 1994

2323

(3) Upon conviction of the third or any subsequent offense, the defendant shall be imprisoned for not less than five years nor more than 20 years and the first five years of such sentence shall not be suspended, probated, deferred, or withheld.'".

Representative Stanley of the 50th moved that the House disagree to the Senate amendments to HB 533.
Representative Lawrence of the 64th moved that the House agree to the Senate amendments to HB 533.
On the motion, 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 Y Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown NBuck
Buckner YBunn Y Burkhaiter
NByrd Y Campbell
N Canty N Carlisle
Carrell
N Carter N Cauthorn
N Chambless N Chandler N Channell N Childers N Clark N Coker Y Coleman, B N Coleman, T

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

Howard
N Hudson N Hughes N Hugley Ylrvin N James
Y Jamieson N Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J
Johns ton N Jones Y Joyce NKaye N Kinnamon N Klein
NLadd Y Lakly N Lane, D
Lane, R Y Lawrence N Lawson N Lee N Lewis NLord N Lucas Y Maddox YMann
Martin
N McBee N McClinton
McKinney N Milam
Y Mills

On the motion, the ayes were 37, nays 110. The motion was lost.

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

The House has disagreed to the Senate amendments.

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

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 provide for an appointing authority and a proposed area of operation.

2324

JOURNAL OF THE HOUSE,

Representative Byrd of the 170th moved that the House insist on its position in amending SB 618.
The motion prevailed.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

HB 1185.

By Representatives Lane of the 55th, Johnson of the 97th, Smith of the 169th, Johnston of the 81st, Westmorland of the 104th and others:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school".

The following Senate amendment was read:

Amend HB 1185 by renumbering Section 2 as Section 3 and by adding a new Section 2 which shall read as follows:
"Section 2. This Act shall become effective only upon the specific appropriation of funds for these additional students so that there shall be no dilution of tuition equalization grants to students attending the approved list of institutions as such list existed on March 1, 1994".

Representative Lane of the 55th moved that the House agree to the Senate amendment to HB 1185.
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 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 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 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

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
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
Y Maddox YMann
Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley N 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
Poston Powell E Purcell, A Y Purcell, B Y 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 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 N Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall
Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

MONDAY, MARCH 14, 1994

2325

On the motion, the ayes were 148, nays 2. The motion prevailed.

HB 527. By Representatives Bannister of the 77th, Ehrhart of the 36th, Stancil of the 16th, Culbreth of the 132nd, Lawrence of the 64th and others:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group workers' compensation self-insurance funds, so as to provide that no person shall solicit membership or participation in any such fund unless such person has an agent's license or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated.

The following Senate substitute was read:

A BILL
To amend Code Section 34-8-254 of the Official Code of Georgia Annotated, relating to overpayment of employment security benefits, so as to provide for the recovery of overpayments of unemployment benefits when a terminated employee is subsequently awarded or receives back wages from an employer; to provide for procedures; to provide for powers, duties, and responsibilities of the Commissioner of Labor with respect to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-8-254 of the Official Code of Georgia Annotated, relating to overpayment of employment security benefits, is amended by adding a new subsection at the end thereof, to be designated subsection (d), to read as follows:
"(d) Any person who has received any sum as benefits under this chapter and is subsequently awarded or receives back wages from any employer for all or any portion of the same period of time for which such person has received such benefits shall be liable to repay a sum equal to the benefits paid during the period for which such back wages were awarded, as follows:
(1) An employer shall be authorized to deduct from an award of back wages the amount of unemployment benefits received by such person under this chapter with respect to the same period of time. The employer shall remit the amount deducted to the Commissioner for the Unemployment Compensation Fund. Upon receipt of such payment the Commissioner shall then make appropriate adjustments in the unemployment contributions experience rating account of the employer as otherwise provided in this chapter; and
(2) If the employer is a governmental entity or nonprofit organization that has elected to make payments in lieu of contributions in accordance with Code Section 34-8-158 and the employee is subsequently awarded or otherwise receives payment of back wages for any period of time for which the employee received benefits under this chapter, said employer shall be entitled to a setoff against the award of back wages in an amount equal to all benefits paid to the employee during the period for which such back wages are awarded or received."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Bannister of the 77th moved that the House agree to the Senate substitute to HB 527.
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

2326

JOURNAL OF THE HOUSE,

Brooks, T Brown YBuck Y Buckner YBunn 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
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
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 Hatnmond
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 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
Lord 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 E Oliver

On the motion, the ayes were 146, nays 0. The motion prevailed.

Y O'Neal Y Orrock
Padgett E Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston
Powell E Purcell, A Y Purcell, B
Randall Y Randolph
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
Smith, P

Y Smith, T Y Smith, V Y Smith, W Y Smyre YSnow
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 Y Turnquest
Twiggs
Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

HB 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 subdivision of this state may regulate honeybee production or maintenance.

The following Senate amendments were read:

SENATE AMENDMENT NO. 1

Amend HB 1861 by striking lines 6 through 10 of page 1 and inserting the following: "to provide for related matters; to repeal". By striking lines 25 and 26 of page 1, lines 1 through 34 of page 2, and lines 1 through 5 of page 3.
By redesignating Section 3 as Section 2.

SENATE AMENDMENT NO. 2

Amend HB 1861 by deleting on page 1 line 23 the word "regulate" and adding in lieu thereof "restrict".

Representative Floyd of the 138th moved that the House agree to the Senate amendments to HB 1861.

MONDAY, MARCH 14, 1994

2327

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
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
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
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
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
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
Johns ton 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 N Maddox YMann
Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J N Moore Y Mosley
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
Poston Powell E Purcell, A Y Purcell, B Randall Y Randolph
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 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 Y Towery Y Trense
Turnquest Y Twiggs
Y Vaughan Y Walker Y Wall
Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 146, nays 2. The motion prevailed.

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 Senate amendment was read:

Amend HB 471 by adding on line 10 of page 4 the following:
"(f) The provisions of this Code section shall not be construed to interfere with a claimant's right to persue claims or an insurance company's obligation to pay claims based on a negligent or bad faith refusal to settle a claim or claims."

The following amendment was read and adopted:

Representative Holland of the 157th moves to amend the Senate amendment to HB 471 as follows:
On line 13 following the word "claims" and before the period insert the following:
"; provided however that the provisions of this subsection shall not be construed to create any new claim not otherwise provided by law"

2328

JOURNAL OF THE HOUSE,

and On line 8 strike the word "persue" and insert the word "pursue".

Representative Holland of the 157th moved that the House agree to the Senate amendment, as amended by the House, to HB 471.
On the motion, the roll call was ordered and the vote was as follows:

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

Colwell
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 Y Felton
Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Y Goodwin Greene Groover
Y Hammond Hanner
Y Harris, B Y Harris, M YHart Y Heard
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
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 E Martin
Y McBee Y McClinton
McKinney Y Milam Y Mills

On the motion, the ayes were 136, nays 0. The motion prevailed.

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver
O'Neal Orrock Padgett E Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter
Y Poston Powell
E Purcell, A Y Purcell, B
Randall
Y Randolph Ray
Y Reaves 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 Y Smyre YSnow Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Streat Y Taylor
Teague 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

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 agreements 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.

The following Senate amendment was read:

Amend HR 943 by striking the word "which" on page 2 line 12 and inserting in lieu thereof the word "and".

The following amendment was read and adopted:

MONDAY, MARCH 14, 1994

2329

Representatives Skipper of the 137th and Childers of the 13th move to amend the Senate amendment to HR 943 by striking from said amendment the following:
"word 'which' on page 2 line 12 and inserting in lieu thereof the word 'and'",
and inserting in lieu thereof the following:
"words:
'may authorize contracts or agreements among health care providers and other persons for the provision of health care services which may have the effect of increasing cooperation between such providers which outweighs the public benefits of competition',
and inserting in lieu thereof on page 2 the following:
'shall have the power by general law to authorize contracts or agreements among health care providers and others for the provision of health care services which may have the effect of lessening competition if the benefits and advantages to the public of such contracts or agreements outweigh the disadvantages'".

Representative Skipper of the 137th moved that the House agree to the Senate amendment, as amended by the House, to HR 943.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Colwell Connell
YCox
Crawford N Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M N Dickinson YDix
Y 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
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

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
Johnston Y Jones
Y Joyce NKaye Y Kinnamon Y Klein YLadd N Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson
YLee Y Lewis
Lord Y Lucas Y Maddox YMann E Martin Y McBee Y 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
Padgett E Parham Y Parrish
Patten N Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston
Powell E Purcell, A Y Purcell, B
Randall Y Randolph
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 N Smith, V Y Smith, W Y Smyre Y Snow
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 N 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 motion, the ayes were 139, nays 14. The motion prevailed.

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

2330

JOURNAL OF THE HOUSE,

Mr. Speaker:

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

SB 412 Do Pass, by Substitute SB 433 Do Pass, by Substitute
SB 448 Do Pass SB 486 Do Pass, by Substitute

SB 492 Do Pass, by Substitute SB 498 Do Pass
SB 559 Do Pass

Respectfully submitted, Is/ Thomas of the 100th
Chairman

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

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

HB 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.

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

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 criminal cases; to provide for disclosure of evidence by the prosecution and defendants.

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 elementary and secondary schools, so as to provide for legislative intent; to provide for a uniform grading system for certain purposes.

MONDAY, MARCH 14, 1994

2331

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 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.

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 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.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills 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 Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Early County.

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

HB 250. By Representatives Mobley of the 86th, Bostick of the 165th, Twiggs of the 8th, Streat of the 167th, Dixon of the 150th and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the circumstances under which a law enforcement officer shall be considered to be in the line of duty.

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

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 Annotated, 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.

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

2332

JOURNAL OF THE HOUSE,

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.

The Senate has disagreed to the House amendment to the following Bill of the Senate:

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.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 710. By Senators Perdue of the 18th and Hill of the 4th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to provide that no program or project started with lottery proceeds shall be continued with funds from the general fund.

The Senate insists on its substitute to the following Bills of the House:

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.

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 Annotated, 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 management systems are subject to reexamination by such department.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

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 Annotated, 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 President has appointed as a Committee of Conference on the part of the Senate the following:

MONDAY, MARCH 14, 1994

2333

Senators Slotin of the 39th, Oliver of the 42nd and Cheeks of the 23rd.

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

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 Speaker assumed the Chair.

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

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 accident and sickness insurance coverage for children and notice to employers.

The following Senate substitute was read:

A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the provisions relating to accident and sickness insurance coverage for children; to provide a rebuttable presumption; to provide for written findings; to provide for enforcement of accident and sickness insurance coverage for children and notice to employers; to provide for notice of coverage and authorization of payments of benefits; to provide for notice of termination; to provide for liability; to provide for a penalty; to limit the issuance of renewal of licenses and other authorizations to engage in professions, businesses, or occupations to persons who are not in compliance with orders for child support; to provide for definitions; to provide for lists of persons who are not in compliance, for the issuance of such lists to certain licensing boards, and for determinations regarding the issuance of temporary licenses; to provide for temporary licenses and notices, hearings, and administrative and judicial review relating thereto; to provide for releases; to provide for forfeiture of certain fees; to provide for interagency agreements; to provide for a surcharge; to provide for a report; to provide for responses to certain inquiries; to provide for regulations; to provide for the Joint Study Committee on Child Support and its membership, appointment, organization, powers, duties, compensation, reports, and abolition; to provide for automatic repeal; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance in general, so as to implement federal requirements that health insurance coverage shall be available for certain dependents; to provide for the rights of the state where payments are made on behalf of certain persons; to provide for health coverage secured through a noncustodial parent; to provide requirements for insurers in cases of orders to provide health coverage; to prohibit insurers from certain actions; to provide for coverage of adopted children or children placed for adoption; to provide for related matters; to repeal conflicting laws; and for other purposes.

2334

JOURNAL OF THE HOUSE,

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 in final verdict or decree of divorce, 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. The trier of fact must also determine whether the accident and sickness insurance for the child or the children involved is reasonably available at reasonable costs through employment-related or other group health insurance policies to an obligor. For purposes of this Code section, accident and sickness coverage shall be deemed available if the obligor has access to any policy of insurance authorized under Title 33 through an employer or other group health insurance plan. If the accident and sickness insurance is deemed available at reasonable cost, the court shall order the obligor to obtain the coverage. If currently unavailable or unreasonable in cost, the court shall order the obligor to obtain coverage when it becomes available at a reasonable cost. 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 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 personally 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 percentages 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

Application of these guidelines shall create a rebuttable presumption that the amount of the support awarded is the correct amount of support to be awarded. A written finding or specific finding on the record for the award of child support that the application of the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case. Findings that rebut said presumption must state the amount of support that would have been required under the guidelines and include justification of why the order varies from the guidelines. These guidelines are intended

MONDAY, MARCH 14, 1994

2335

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); (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?; and
(16) The cost of accident and sickness insurance coverage for dependent children included in the order.
(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 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 Judiciary Committee and Senate Special Judiciary Committee during the 1991 regular session 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 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."

2336

JOURNAL OF THE HOUSE,

Section 2. Said title is further amended by adding immediately following Code Section 19-11-9.2 a new Code section to read as follows:
"19-11-9.3. (a) As used in this Code section, the term: (1) 'Agency' means the agency within the Department of Human Resources which
is responsible for enforcing orders for child support pursuant to this article. (2) 'Applicant' means any person applying for issuance or renewal of a license.
(3) 'Board' means any department, agency, or board of this state which issues any license, certificate, permit, or registration to authorize a person to engage in a profession, business, or occupation under Article 3 of Chapter 7 of Title 2, the 'Georgia Pesticide Use and Application Act of 1976,' under Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel, under Article 13 of Chapter 7, relating to mortgage lenders and mortgage brokers, under Title 43, relating to professions and businesses, under Part 2 of Chapter 6 of Title 12, relating to foresters, or under Part 3 of Article 2 of Chapter 4, relating to pharmacists.
(4) 'Certified list' means a list provided by the agency of the names of support obligors found to be not in compliance with an order for child support in a case being enforced under this article.
(5) 'Compliance with an order for child support' means that, as set forth in a court order, administrative order, or contempt order for child support, the obligor is no more than 60 calendar days in arrears in making payments in full for current support,
in making periodic payments on a support arrearage, or in making periodic payments on a reimbursement for public assistance.
(6) 'Department' means the Department of Human Resources. (7) 'License' means a certificate, permit, registration, or any other authorization
issued by a board that allows a person to engage in a profession, business, or occupation.
(8) 'Licensee' means any person holding a license. (b) The agency shall maintain a list of those persons included in any case being
enforced under this article for whom an order for child support has been rendered and who are not in compliance with that order. The agency shall submit to each board a cer-
tified list with the name, social security number, if known, and last known address of each such person. The agency shall submit to each board an updated certified list on a monthly basis.
(c) On or before January 1, 1995, all boards subject to this Code section shall imple-
ment procedures to accept and process the list provided by the agency in accordance with this Code section.
(d) Promptly after receiving the certified consolidated list from the agency and prior
to the issuance or renewal of a license each board shall determine whether the applicant is on the most recent certified list provided by the agency. If the applicant is on the list, the board shall immediately serve notice upon the applicant as specified in subsec-
tion (g) of this Code section of the board's intent to withhold issuance or renewal of the license. The notice shall be given personally or sent by certified mail, return receipt
requested, to the applicant's last known mailing address on file with the board. (e) The withholding from an applicant of the issuance or renewal of a license pursu-
ant to this Code section shall give to that applicant a right to a hearing before the
department, and those provisions of Article 1 of Chapter 5 of Title 31, relating to hearings and appeals from decisions of the department, shall apply thereto except as modi-
fied by this Code section. The applicant who receives a notice pursuant to subsection (d) of this Code section shall have the right to a hearing regarding the issues specified
in paragraphs (1), (2), and (3) of this subsection. This right may only be exercised if a written demand for such hearing is received by the agency within 20 days following
the date the notice was delivered to the applicant, where the notice was given personally, or within 30 days following the date the notice was mailed, if the notice was mailed.
The department shall conduct a hearing as provided in Code Section 31-5-2 within 45 days after such demand is received. The only issues which may be determined in the hearing are:
(1) Whether there is an order for child support being enforced pursuant to this article;

MONDAY, MARCH 14, 1994

2337

(2) Whether the applicant is the obligor covered by that order; and (3) Whether the support obligor is or is not in compliance with the order for child support. Evidence relating to the ability and willfulness of an obligor to comply with such order for support may be considered in making the hearing decision to grant or deny the issuance or renewal of a license under this Code section. The determination at such hearing regarding only those issues shall be subject to appeal and judicial review under Code Section 31-5-3. (f) (1) The board shall issue a temporary license valid for a period of 90 days to any applicant whose name is on the certified list if the applicant is otherwise eligible for a license. (2) A temporary license shall not be extended, except when extended by court order in a judicial proceeding as provided in subsection (e) of this Code section. Only one temporary license shall be issued during a regular license term. A license for the full or remainder of the license term shall be issued or renewed only upon compliance with the provisions of this Code section. (3) In the event that an application for the issuance or renewal of a license is denied pursuant to this Code section, any funds paid by the applicant or licensee shall not be refunded by the board unless the denial is reversed under the administrative or judicial procedures provided for in subsection (e) of this Code section.
(g) Notice forms for purposes of this Code section shall be developed by each board in accordance with guidelines provided by the department and subject to approval by the department. The notice shall include the address and telephone number of the agency, shall emphasize the necessity of obtaining a release from that agency as a condition for the issuance or renewal of a license and shall inform the applicant of the right to a hearing and judicial review under subsection (e) of this Code section. The notice shall inform the applicant that the board shall issue a temporary license, as provided in paragraph (1) of subdivision (f) of this Code section for 90 calendar days if the applicant is otherwise eligible and that upon expiration of that time period the application for issuance or renewal of a license will be denied unless the board has received a release from the agency. The notice shall also inform the applicant that if an application for issuance or renewal of a license is denied pursuant to this Code section, any funds paid by the applicant or licensee shall not be refunded by the board unless the denial is reversed under the administrative or judicial procedures provided for in subsection (e) of this Code section.
(h) The department shall prescribe release forms for use by the agency. When the obligor is determined to be in compliance with an order for child support or is determined to be not in compliance with such order but has been determined in a hearing pursuant to subsection (e) of this Code section to be unable to comply with the order or not willfully out of compliance with such order, the agency shall mail to the applicant and the appropriate board a release stating such determination. The receipt of a release shall serve to notify the applicant and the board that, for the purposes of this Code section, the applicant is in compliance with an order for child support unless the agency, pursuant to subsection (b) of this Code section, certifies subsequent to the issuance of a release that the applicant is once again not in compliance with an order for child support.
(i) The department may enter into interagency agreements with state agencies that have responsibility for the administration of boards as necessary to implement this Code section. These agreements shall provide for the receipt by other state agencies and boards of federal funds to cover that portion of costs allowable under federal law and regulation and incurred by state agencies and boards in implementing this Code section.
(j) Notwithstanding any other provision of law, the boards and departments subject to this Code section may levy a surcharge on any fee or fees collected pursuant to law to cover the costs of implementing and administering this Code section.
(k) The process described in subsection (e) of this Code section shall constitute the sole administrative remedy for contesting the issuance to the applicant of a temporary license or the denial of an application for issuance or renewal of a license under this Code section.

2338

JOURNAL OF THE HOUSE,

(1) In furtherance of the public policy of increasing child support enforcement and collections, on or before January 1, 1996, the department shall make a report to the General Assembly and the Governor based on data collected by the boards and the department in a format prescribed by the department. The report shall contain all of the following:
(1) The number of delinquent obligors certified by the agency under this Code section;
(2) The number of support obligors who also were applicants or licensees subject to this Code section;
(3) The number of new licenses and renewals that were delayed and temporary licenses issued subject to this Code section and the number of new licenses and renewals granted following board receipt of releases by July 1, 1995; and
(4) The costs incurred in the implementation and enforcement of this Code section. (m) Any board receiving an inquiry as to the license status of an applicant who has had an application for issuance or renewal of a license denied under this Code section or has been granted a temporary license under this Code section shall respond only that the license was denied or the temporary license was issued pursuant to this Code section. (n) The department shall and the boards, as appropriate, may adopt regulations necessary to implement this Code section."
Section 3. Said title is further amended by striking Code Section 19-11-26, relating to accident and sickness insurance coverage for children, and inserting in lieu thereof the following:
"19-11-26. (a) In all cases involving the assignment and collection of child support, or where medical assistance benefits are being provided, the department or court may determine, as a regular part of its investigation and inquiry, whether accident and sickness insurance coverage for the child or children involved is reasonably available to an obligor of support at a reasonable cost in connection with the obligor's employment or union. For purposes of this article, the term 'person or entity providing access to coverage' shall mean an employer or union which offers a group insurance plan, as defined in Section 607(b) of the federal Employee Retirement Income Security Act of 1974, a health maintenance organization or a service benefit plan, or any other policy of health insurance under Title 33. If it is determined that such coverage is reasonably available in connection with the obligor's employment or union, the department is authorized to petition for modification of any existing order of support to include the provision of such coverage, to intervene in any pending action to have such coverage included, or to include the request for such coverage in any action brought by the department.
(b) Upon petition by the department to have accident and sickness insurance coverage included, any court or administrative hearing officer having jurisdiction over the matter may include the provision of medical support in any order of support it may enter, if the eewt is satisfied as to the reasonable availability and reasonableness ef- the eest ef such coverage such medical support is found to be available to the obligor in connection with his or her employment or union at a reasonable cost consistent with subsection (a) of this Code section.
(c) Any order requiring medical support under this Code section shall contain language notifying the support obligor that failure to provide accident and sickness insurance coverage may result in direct enforcement of the order. Any order of medical support entered or modified prior to April 1^ 1994, shall be construed as a matter of law to contain this notice.
(d) Any order requiring medical support under this Code section shall remain in effect until:
(1) A further order of the court or hearing officer; (2) The child is emancipated, if there is no express language to the contrary in the order; or (3) Coverage is no longer available and no conversion privileges exist at a reasonable cost to continue coverage beyond the termination date of the policy.

MONDAY, MARCH 14, 1994

2339

(e) Any order requiring medical support under this Code section shall not require a plan to provide any type or form of benefit, or any option not otherwise provided under the plan, except to the extent necessary to meet the requirements of this Code section."
Section 4. Said title is further amended by striking Code Section 19-11-27, relating to confidentiality of information and records, and inserting in lieu thereof the following:
"19-11-27. (a) Information and records obtained by the department pursuant te ay
PPOV191OH Or till9 flFtlClG Of i. It1C rV ~ly Ox tllC ICCr 'P&l oOdfll teCCUHty /VCt 9nCul DC QCGDlGu
te fee confidential and shall fee released e*ly by pcrmiaaion ef- the party e* parties named ift tJiB inIOP01Ation of records^ Dy orcicr of tH6 court, or lor tttosc ptipposcs spcciiicftrry
a miadcmeanefr Whenever a support obligor who is required to maintain accident and sickness insurance fails to provide such coverage as ordered, or allows such coverage to lapse, the department, the Department of Medical Assistance, or the other party may compel the obligor to obtain insurance coverage as provided in this Code section. The remedies provided in this Code section shall be in addition to and not in lieu of any other remedies available to the department, the Department of Medical Assistance, or the other party.
(b) Upon failure of a support obligor to obtain accident and sickness insurance coverage as ordered, or upon the lapse of coverage required to be provided, the department, the Department of Medical Assistance, or the other party may send a notice of enrollment by certified mail, return receipt requested, to the person or entity providing access to such coverage on behalf of the obligor. The notice shall include a certified copy of the latest order requiring health insurance coverage and the return address of the sender. Upon receipt of a notice of enrollment, any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor shall immediately undertake to provide such coverage as specified in the notice of enrollment. Any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor shall be deemed authorized to execute any document for the obligor in order to establish coverage. If more than one insurance plan is available, coverage shall be established under the obligor's existing plan or a previously existing plan where possible. If coverage under the obligor's existing plan or a previously existing plan cannot be established, the person or entity providing access to accident and sickness insurance coverage on behalf of the obligor shall establish coverage under the least expensive plan otherwise available.
(c) Any person or entity providing access to accident and sickness insurance coverage on behalf of the obligor pursuant to a notice of enrollment shall withhold from the obligor's income the amount necessary to pay the premium for the insurance coverage, provided that the amount deducted does not exceed the limitations of Section 303(b) of the federal Consumer Credit Protection Act, as amended.
(d) Upon receipt of a notice of enrollment, the person or entity providing access to accident and sickness insurance coverage on behalf of the obligor shall notify the person or entity sending the notice of enrollment within 30 business days whether:
(1) Enrollment in an accident and sickness insurance plan has occurred: or (2) Enrollment cannot be established, stating the reasons why coverage is not available."
Section 5. Said title is further amended by adding at the end of Article 1 of Chapter 11 four new Code sections to read as follows:
"19-11-28. (a) Any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor pursuant to a notice of enrollment shall furnish to the person or entity sending the notice of enrollment the name of the accident and sickness insurance coverage provider, the extent of coverage available, and any necessary claim forms or enrollment membership cards necessary to obtain benefits.
(b) The signature of the obligee or an agent of the department shall constitute a valid authorization to any insurer to process benefits and to make payments to a health care provider or the obligee in accordance with any accident and sickness insurance policy.

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(c) An order of medical support shall operate as an assignment to the support obligee of any right to benefits under a policy of accident and sickness coverage maintained by the obligor insofar as dependent coverage is available. The support obligee shall be subrogated to the rights of the obligor to the extent necessary to pursue any claim against the insurer under such policy.
(d) Within ten business days after termination of a policy of accident and sickness insurance established pursuant to Code Section 19-11-27, the person or entity providing access to such coverage on behalf of a support obligor shall mail a termination notice to the person or entity which initially sent a notice of enrollment.
(e) Any person or entity providing access to accident and sickness coverage on behalf of a support obligor shall be immune from any civil or criminal liability while complying in good faith with the provisions of this Code section and Code Section 19-11-27.
(f) Any person or entity acting as a plan fiduciary who makes payment pursuant to this Code section discharges to the extent of any payment the plan's obligation.
19-11-29. (a) Any person or entity providing access to accident and sickness insurance coverage on behalf of a support obligor in connection with the obligor's employment or union shall be liable for a civil penalty not to exceed $1,000.00 per occurrence for failure to enroll promptly, without regard to enrollment season restrictions, a dependent in an accident and sickness insurance plan under an order of medical support or a notice of enrollment; provided, however, that no liability shall exist where such person or entity acts in accordance with subsection (d) of Code Section 19-11-27.
(b) Insurers shall not deny enrollment of a child under subsection (a) of this Code section in a parent's health insurance coverage on the ground that the child was born out of wedlock, is not claimed as a dependent on the parent's federal income tax return, or does not reside with the parent or in the insurer's service area.
(c) Any person or entity providing access to accident and sickness insurance coverage on behalf of a support obligor shall be liable for a civil penalty not to exceed $1,000.00 per occurrence for the disenrollment by the employee, or elimination of coverage of the child, unless the employee provides written proof that the child has been enrolled or will be enrolled in comparable insurance coverage, with the coverage to take effect no later than the effective date of disenrollment; provided, however, that no liability shall exist where such person or entity acts in accordance with subsection (d) of Code Section 19-11-26.
(d) The department may recover the civil penalty provided for in this Code section by civil action or pursuant to any remedy otherwise available for the enforcement of court orders.
19-11-30. Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor.
19-11-31. (a) There is created the Joint Study Committee on Child Support. The committee shall be composed of 14 members. Seven of such members shall be appointed by the President of the Senate, four of whom shall be members of the Senate. Seven of such members shall be appointed by the Speaker of the House of Representatives, four of whom shall be members of the House of Representatives. The President of the Senate shall designate as cochairperson one of the four members of the Senate who is a member of the committee and the Speaker of the House of Representatives shall designate as cochairperson one of the four members of the House who is a member of the committee. The members of the committee who are not members of the General Assembly shall be persons with a recognized interest in the issues of child support. Either chairperson shall call the meetings of the committee.
(b) The committee created by this Code section shall undertake a study of all of the issues relating to child support and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to

MONDAY, MARCH 14, 1994

2341

exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1994. The committee shall stand abolished on December 1, 1994, and this Code section shall be automatically repealed on January 1, 1995."
Section 6. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance in general, is amended by adding a new Code section to read as follows:
"33-24-55. (a) Any health insurer under this title, including a group health plan, as defined in Section 607(1) of the federal Employee Retirement Income Security Act of 1974, is prohibited from considering the availability or eligibility for medical assistance in this or any other state under 42 U.S.C. 1396(a), Section 1902 of the Social Security Act, herein referred to as Medicaid, when considering eligibility for coverage or making payments under its plan for eligible enrollees, subscribers, policyholders, or certificate holders.
(b) To the extent that payment for covered expenses has been made under the state Medicaid program for health care items or services furnished to an individual, in any case where a third party has a legal liability to make payments, the state is considered to have acquired the rights of the individual to payment by any other party for those health care items or services.
(c) An insurer shall not deny enrollment of a child under the health plan of the child's parent on the ground that the child was born out of wedlock, is not claimed as a dependent on the parent's federal income tax return, or does not reside with the parent or in the insurer's service area.
(d) Where a child has health coverage under this title through an insurer of a noncustodial parent, the insurer shall:
(1) Provide such information to the custodial parent as may be necessary for the child to obtain benefits through that coverage;
(2) Permit the custodial parent or the provider, with the custodial parent's approval, to submit claims for covered services without the approval of the noncustodial parent; and
(3) Make payments on claims submitted in accordance with paragraph (2) of this subsection directly to the custodial parent, the provider, or the state Medicaid agency. (e) Where a parent is required by a court or administrative order to provide health coverage for a child and the parent is eligible for family health coverage, the insurer shall be required:
(1) To permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;
(2) If the parent is enrolled but fails to make application to obtain coverage for the child, to enroll the child under the family coverage upon application of the child's other parent, the state agency administering the Medicaid program, or the state agency administering 42 U.S.C. Sections 651 through 669, the child support enforcement program; and
(3) Not to disenroll or eliminate coverage of any child unless the insurer is provided satisfactory written evidence that:
(A) The court or administrative order is no longer in effect; or (B) The child is or will be enrolled in comparable health coverage through another insurer which will take effect not later than the effective date of disenrollment.
(f) An insurer may not impose requirements on a state agency which has been assigned the rights of an individual eligible for medical assistance under Medicaid and

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covered for health benefits from the insurer that are different from requirements applicable to an agent or assignee of any other individual so covered.
(g) In any case in which a group health insurance plan provides coverage for dependent children of participants or beneficiaries, the plan shall provide benefits to dependent children placed with participants or beneficiaries for adoption under the same terms and conditions as apply to the natural, dependent children of the participants and beneficiaries, irrespective of whether the adoption has become final.
(h) A group health plan may not restrict coverage under the plan for any dependent child adopted by a participant or beneficiary, or placed with a participant or beneficiary for adoption, solely on the basis of a preexisting condition of the child at the time that the child would otherwise become eligible for coverage under the plan, if the adoption or placement for adoption occurs while the participant or beneficiary is eligible for coverage under the plan."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Groover of the 125th moves to amend the Senate substitute to HB 1515 as follows:
By adding after "income" on line 26 page 3 the following:
"less all federal and state income and FICA taxes".

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

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

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

Y Howard
N Hudson Y Hughes N Hugley Ylrvin N James
N Jamieson N Jenkins
Johnson, D.H
Y Johnson, E N Johnson, G N Johnson, J
Johns ton N Jones N Joyce NKaye N Kinnamon N Klein YLadd Y Lakly N Lane, D Y Lane, R Y Lawrence Y Lawson NLee N Lewis YLord
Lucas
Y Maddox N Mann E Martin N McBee N McClinton N McKinney
Milan) Y Mills

N Mobley, B
N Mobley, J N Moore Y Mosley Y Mueller E Oliver N O'Neal
N Orrock N Padgett E Parham N Parrish
Patten N Pelote N Perry
N Pinholster NPoag N Polak N Porter N Poston Y Powell E Purcell, A Y Purcell, B Y Randall N Randolph
YRay N Reaves N Reichert Y 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 39, nays 118.

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

MONDAY, MARCH 14, 1994

2343

The amendment was lost.

The following amendment was read:

Representative Cox of the 160th moves to amend the Senate substitute to HB 1515 by striking the word "coverage" on line 1 of page 3 and inserting in its place the following:
"coverage; provided, however, if the obligee has accident and sickness insurance for the child or children reasonably available at reasonable costs through employmentrelated or other group health insurance policies, then the court may order that the child or children be covered under such insurance and the obligor contribute as part of the child support order such part of the cost of providing such insurance or such part of any medical expenses incurred on behalf of the child or children not covered by such insurance as the court may deem equitable or appropriate".
By striking the word "cost" on line 3 of page 3 and inserting in its place the following:
"cost, unless such insurance is provided by the obligee as provided in this subsection".
Delete Section 2 and renumber Sections 3, 4, 5, 6 & 7 accordingly.

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
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 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 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
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
Johns ton Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence
Y Lawson YLee Y Lewis YLord Y Lucas N Maddox Y Mann E Martin Y McBee Y McClinton
McKinney Milam Y Mills

Y Mobley, B Y Mobley, J N 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 E Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal
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
Walker Y Wall Y Watson Y Watts
Y Westmorland White Williams, B
Y Williams, R
Yates Y Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 156, nays 3. The amendment was adopted.

Representative Cox of the 160th moved that the House agree to the Senate substitute, as amended by the House, to HB 1515.

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JOURNAL OF THE HOUSE,

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T 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
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
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
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 E Martin Y McBee Y McClinton
McKinney Milam
Y Mills

On the motion, the ayes were 161, nays 2. The motion prevailed.

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 Patten
Y Pelote Y Perry
Pinholster YPoag Y Polak Y Porter Y Poston Y Powell E 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
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
White Y Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

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 Senate substitute was read:

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 random drug testing for all school bus drivers; to provide for random testing of school bus drivers for alcohol consumption during working hours; to provide for cost and procedures; to provide for rules and regulations; to provide for disciplinary actions and termination from employment; 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 Annotated, relating to school buses, is amended by adding a new Part 4 to read as follows:

MONDAY, MARCH 14, 1994

2345

"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 prohibited by state or federal law from using, but shall not include any drug when used pursuant 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 system in this state shall be subject to random testing for evidence of use of illegal drugs. Not less than 50 percent of the school bus drivers in each public school system shall be tested annually in one or more random tests. Such testing shall be noninvasive and 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 independent school system, the cost of such testing shall be borne by such private company. If the drug test shows the presence of drugs in the employee's system, the results of the test will be confirmed using an alternative method but the same urine sample.
(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 specimens 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 specimens 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 specimens 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.
(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.

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(f) Any rules or regulations adopted pursuant to this part shall be in compliance with Parts 40 and 382 of Title 49 of the Code of Federal Regulations.
20-2-1122. (a) A school bus driver found to have used an illegal drug shall be terminated from his or her employment.
(b) 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."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Channell of the lllth moved that the House agree to the Senate substitute to HB 372.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe
Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown
Buck 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
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 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
Johns ton 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
E Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

Mobley, B
Y Mobley, J Y Moore Y Mosley
Mueller B 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 E 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 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
Walker Y Wall
Watson Watts Y Weatmoreland
Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 159, nays 0. The motion prevailed.

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 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 solid waste facilities.

MONDAY, MARCH 14, 1994

2347

The following Senate substitute was read:

A BILL
To amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, 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 facilities; 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 resolution of the governing authority calling for the imposition of the tax; to change certain provisions regarding the contents of the required ballot questions relating to the tax; to make provisions for disposition of tax proceeds in certain cases; to provide for use where certain purposes for which the tax was imposed are economically infeasible; to provide for a date of automatic repeal; to change certain provisions regarding the expenditure of excess proceeds; 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 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, 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 subparagraph (a)(l)(B) to read as follows:
"(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 administrative 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 percent 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 quarters and not to exceed; five years;
{A) Five years if the proceeds ef- the tax are te be used m whele for purposes ether than road, street, and bridge purposes fer which the tax may be imposed;
(,Dj----t OUT yeftFS tr tftC pPOCCCUS Or tllC vdX ftfC tO T)C U9CQ ift WllOlC tOf FOftd, St/FCftt,
e pui*poses Ior wflicii trie t&x m&y DC imposed* OP r our yoftps TOP rocto., street, &nd ufid^jc purposcs Q.HQ HVG ycflrs lor
part for read; street, and -bridge purposes and 4n part for purposes -ether than read-, t^ &tft t DPid^c purposes fop wfiicn trie c&x HIfly DC imposed} .
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 percent 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 proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the taxT except that if- the tax is to be imposed in whele er
be raised shall be omitted; and".

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JOURNAL OF THE HOUSE,

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 percent 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 Shall a special 1 percent sales and use tax be imposed in

) NO

$

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 at the end of subsection (a) of Code Section 48-8-121, relating to use of proceeds of special purpose county sales and use taxation, a new paragraph (3) to read as follows:
"(3) Where the tax authorized by this article has been imposed prior to the effective date of this paragraph for a period of four years for road, street, and bridge purposes and five years for other purposes, this paragraph shall apply. When this paragraph applies, proceeds from any or all years of the five-year imposition period may be used for road, street, and bridge purposes and proceeds from any or all years of the five-year imposition period may be used for the other authorized purposes, so long as the total expenditures of the tax proceeds are consistent with the total expenditures provided for in the original resolution or ordinance calling for the imposition of the tax."
Section 6. Said article is further amended by striking subsection (g) of Code Section 48-8-121, relating to use of proceeds of special purpose county sales and use taxation, and inserting in its place a new subsection (g) to read as follows:
"(g) (1) (A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the county receives from the tax net proceeds ether than from tt tax
maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection.
(C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes."
Section 7. 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 on or after April 1, 1993, and

MONDAY, MARCH 14, 1994

2349

prior to January 1, 1994, in whole or in part for the purpose of development of a sanitary landfill and such purpose becomes or is discovered to be economically infeasible 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 infeasible. Upon the adoption of 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 governing authority to constitute the best feasible alternative to the development of the sanitary landfill; provided, however, that such waste collection and disposal purposes shall not include maintenance and operation expenditures.
(2) This subsection shall stand repealed in its entirety on July 1, 1999."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 6 and 7 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 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Royal of the 164th moved that the House agree to the Senate substitute to HB 1704.
On the motion, the roll call was ordered and the vote was as follows:

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

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 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
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
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 E Martin Y McBee Y McClinton
McKinney
Y Milam Y Mills

On the motion, the ayes were 160, nays 0.

Y Mobley, B 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
Powell E Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert
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 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 YWall Y Watson
Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

2350

JOURNAL OF THE HOUSE,

The motion prevailed.

Due to a mechanical malfunction, the vote of Representative Mobley of the 86th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 Annotated, relating to fraudulent attempts to obtain refunds, so as to change which information is prohibited from being given to obtain refunds.

The following Senate amendment was read:

Amend HB 1378 on page 1, line 11, by striking "knowingly".

Representative Clark of the 40th moved that the House agree to the Senate amendment to HB 1378.
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 Y Brown
YBuck Y Buckner
Bunn Y Burkhalter YByrd 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
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 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
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
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 YMann E Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

On the motion, the ayes were 156, nays 0. The motion prevailed.

Y Mobley, B Y Mobley, J
Y Moore Y Mosley
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
Powell
E Purcell, A Y Purcell, B Y Randall Y Randolph
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 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 Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

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 Annotated, relating to the Developmental Highway System, so as to add a certain road corridor to said system.

MONDAY, MARCH 14, 1994

2351

The following Senate amendments were read:

SENATE AMENDMENT NO. 1

Amend HB 1767 by striking on line 2 of page 2: "1-75"
and by inserting in lieu thereof the following: "1-59".

SENATE AMENDMENT NO. 2

Amend HB 1767 by striking on line 16 of page 1 the words Corridor Z; and inserting the words "The South Georgia Parkway;".

The following amendment was read:

Representative Dobbs of the 92nd moves to amend Senate amendment No. 1 to HB 1767 by striking all matter from said amendment and inserting in its place the following:
"Amend HB 1767 by striking line 1 of page 2 and inserting in lieu thereof the following:
'(14) Outer Perimeter; ael Reserved'".
And by striking on line 2 of page 2 "1-75"
And by inserting in lieu thereof the following "1-59".

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 Y Bargeron
Y Barnes N Bates N Benefield N Birdsong
Bordeaux
N Bostick N Breedlove
Brooks, D
Brooks, T Y Brown N Buck Y Buckner
Y Bunn
Y Burkhalter N Byrd N Campbell N Canty Y Carlisle Y Carrell Y Carter Y Cauthorn N Chambless N Chandler N Channell N Childers

N Clark N Coker Y Coleman, B
Coleman, T
N Colwell N Connell N Cox
Y Crawford N Crews Y Culbreth N Cummings
Davis, G
Davis, M Y Dickinson N Dix
N Dixon, H Dixon, S
Y 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 Y Hammond Y Manner 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 N Hugley
Y Irvin N James
Jamieson
Jenkins N Johnson, D.H Y Johnson, E
Johnson, G
N Johnson, J
Johnston Y Jones N Joyce N Kaye N Kinnamon N Klein N Ladd N Lakly N Lane, D Y Lane, R N Lawrence N Lawson

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

E Purcell, A N Purcell, B N Randall N Randolph
N Ray Y Reaves
Reichert
Roberts N Royal N Scoggins N Shanahan Y Sherrill
N Shipp Y Simpson
Sinkfield
N Skipper Y Smith, C N Smith, L N Smith, P
Smith, T
Y Smith, V 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

2352

JOURNAL OF THE HOUSE,

Y Teper Y Thomas N Tillman N Titus

N Towery Y Trense Y Turnquest N Twiggs

N Vaughan Walker
N Wall
N Watson

Watts Y Westmorland N White N Williams, B

N Williams, R Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 47, nays 103. The amendment was lost.

Representative Colwell of the 7th moved that the House agree to the Senate amendments to HB 1767.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Howard Y Hudson Y Hughes
Hugley Y Irvin
Y James Jamieson
Y Jenkins Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J
Johnston Y Jones Y Joyce
Kaye
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 E 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 Y Orrock Y Padgett E Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston
Powell
E Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves
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
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 N Turnquest Y Twiggs Y Vaughan
Walker Y Wall
Y Watson Y Watts Y Westmoreland
Y White Williams, B
Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 153, nays 2. The motion prevailed.

HB 326. By Representative Reichert of the 126th:
A bill to amend Article 10 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to bad check prosecutions in magistrate courts, so as to provide for an optional procedure for the forfeiture of bonds on misdemeanor bad check violations as a final disposition.

The following Senate substitute was read:

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

MONDAY, MARCH 14, 1994

2353

optional procedure for the forfeiture of bonds on misdemeanor bad check violations as a final disposition; to provide for practices, procedures, and requirements connected therewith; 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 MAY BE FORFEITED AND, IF SO FORFEITED, SHALL CONSTITUTE A MISDEMEANOR GUILTY PLEA AND A WAIVER OF CERTAIN CONSTITUTIONAL RIGHTS,' which shall be acknowledged by the person arrested.
(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 shall constitute a guilty plea and the no contest cash bond shall be forfeited, unless the court proceeds under the provisions of subsection (d) of this Code section. 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 shall be considered to constitute 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 defendant 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 posting 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 violation, and any moneys posted 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 contest 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.

Representative Reichert of the 126th moved that the House agree to the Senate substitute to HB 326.
On the motion, the roll call was ordered and the vote was as follows:

2354

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
Breedlove
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 YDix Y 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 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
Johnson, G Y Johnson, J
Johns ton Y Jones
Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas
Y Maddox YMann E Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

On the motion, the ayes were 155, nays 0. The motion prevailed.

Y Mobley, B Y Mobley, J Y Moore Y Mosley
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
Powell E Purcell, A Y Purcell, B
Y Randall Y Randolph
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 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 Y Vaughan
Y Walker YWall
Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

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 Annotated, 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.

The following Senate amendment was read:

Amend HB 1334 by striking on line 26, page 1 (;) and (") and add: or when used in industrial laboratory equipment;".

Representative Snow of the 2nd moved that the House agree to the Senate amendment to HB 1334.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D
Brooks, T Brown YBuck

Y Buckner 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

MONDAY, MARCH 14, 1994

2355

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 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, E Y Johnson, G Y Johnson, J
Johnston Y Jones
Y Joyce Y Kaye Y Kinnamon
Y Klein Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee
Y Lewis Y Lord

Y Lucas Y Maddox Y Mann E 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 Y Poag
Y Polak Y Porter

On the motion, the ayes were 162, nays 0. The motion prevailed.

Y Poston Powell
E Purcell, A Y Purcell, B
Randall Y Randolph
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 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 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

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 following Senate substitute was read:

A RESOLUTION
Authorizing the leasing of certain improved real property owned by the State of Georgia in Chatham County, Georgia and in Gwinnett County, Georgia; to provide effective dates; to repeal conflicting laws; and for other purposes.
Part 1
WHEREAS, the State of Georgia is the owner of a certain tract or parcel of improved real property located in Chatham County, Georgia; and
WHEREAS, said real property is all that certain lot, tract or parcel of land, situate, lying and being in the 6th G.M. District of Chatham County, Georgia consisting of 2.232 acres of land more particularly described as follows:
Commencing at a point located at the southwest corner of the intersection of the rights-of-way of Eisenhower and Seawright Drives; running thence south 17 30' west, along the west edge of the right-of-way of Seawright Drive, for a distance of 300 feet to a concrete monument, being the point of beginning; continuing thence south 17 30' west along the west edge of the right-of-way of Seawright Drive for a distance of 50 feet to a point; running thence north 72 30' west for a distance of 179.95 feet to a point; running thence south 86 56' 30" west for a distance of 85.44 feet to a point; running thence south 17 30' west for a distance of 160 feet to a concrete monument; running thence north 72 30' west for a distance of 346 feet to a concrete monument; running thence north 17 30' east for a distance of 240 feet to a concrete monument; running thence south 72 30' east for a distance of 346 feet to a concrete monument; continuing thence south 72 30' east for a distance of 259.95 feet to a concrete monument and the

2356

JOURNAL OF THE HOUSE,

point of beginning; said 2.232 acre tract being also shown as a 1.906 acre tract plus a .326 acre tract on a certain survey plat dated June 14, 1974 and revised September 16, 1974 prepared by Barrett & Exley, Inc. for the State of Georgia - Department of Human Resources, a copy of said plat being hereto attached and a copy being recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia in Plat or Map Record Book Y, Folio 61; said plat by reference being incorporated herein and made a part hereof.
The above described tract being a portion of the property conveyed by deed dated May 18, 1959 from Chatham County, Georgia, a political subdivision of the State of Georgia, through the Commissioners of Chatham County, Georgia, and ex-officio Judges thereof to Chatham Chapter, Georgia Association for the Help of Retarded Children, Incorporated, a Georgia corporation, with offices in Savannah, Georgia; said deed, with a resolution attached, being recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia in Deed Record Book 72 K's, Folio 264; and
WHEREAS, said property is under the custody of the Department of Human Resources; and
WHEREAS, said parcel is currently rented to Coastal Center for Developmental Services, Inc.; and
WHEREAS, Coastal Center for Developmental Services, Inc., is desirous of leasing the above-described state property in order to make certain improvements; and
WHEREAS, the Department of Human Resources has no objection to the leasing of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the referenced hereinabove described improved real property and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove described tract of improved property to Coastal Center for Developmental Services, Inc., for a period of ten years commencing with the execution of the lease agreement.
Section 3. That the consideration for such lease shall be $1,000.00 per year and such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia.
Section 4. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $1,000.00 per year is to be remitted to the State of Georgia.
Section 5. That the authorization in Part 1 of this resolution to lease the above-described property to Coastal Center for Developmental Services, Inc., shall expire three years after the date that this resolution becomes effective.
Section 6. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
Section 7. That this lease agreement shall be recorded by the lessee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
Section 8. That Part 1 of this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. That all laws and parts of laws in conflict with Part 1 of this resolution are repealed.

MONDAY, MARCH 14, 1994

2357

Part 2
WHEREAS, the State of Georgia is the owner of a certain tract or parcel of improved real property located in Gwinnett County, Georgia; and
WHEREAS, said real property is all that certain lot, tract or parcel of land, situate, lying and being in Gwinnett County, Georgia, more particularly described as follows:
All that tract or parcel of land containing 2.212 acres and situated, lying and being in Land Lot 13 of the 7th Land District of Gwinnett County, Georgia, and being more particularly shown and delineated on a certain April 18, 1977, Plat of Survey prepared for the State of Georgia, Dept. of Human Resources, by Gwinnett County Engineering Department, more particularly William F. Rolader, Georgia Registered Land Surveyor No. 2042 and entitled "SURVEY FOR:" STATE OF GEORGIA DEPARTMENT OF HUMAN RESOURCES:.
WHEREAS, said property is under the custody of the Department of Human Resources; and
WHEREAS, said parcel is currently rented to Gwinnett/Rockdale/Newton Creative Enterprises, Inc.; and
WHEREAS, Gwinnett/Rockdale/Newton Creative Enterprises, Inc., is desirous of leasing the above-described state property in order to make certain improvements; and
WHEREAS, the Department of Human Resources has no objection to the leasing of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 10. That the State of Georgia is the owner of the referenced hereinabove described improved real property and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.
Section 11. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove described tract of improved property to Gwinnett/Rockdale/Newton Creative Enterprises, Inc., for a period of ten years commencing with the execution of the lease agreement.
Section 12. That the consideration for such lease shall be $1,000.00 per year and such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia.
Section 13. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $1,000.00 per year is to be remitted to the State of Georgia.
Section 14. That the authorization in this resolution to lease the above-described property to Gwinnett/Rockdale/Newton Creative Enterprises, Inc., shall expire three years after the date that this resolution becomes effective.
Section 15. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
Section 16. That this lease agreement shall be recorded by the lessee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission.
Section 17. That Part 2 of this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 18. That all laws and parts of laws in conflict with Part 2 of this resolution are repealed.

2358

JOURNAL OF THE HOUSE,

Representative Bordeaux of the 151st moved that the House agree to the Senate substitute to HR 1002.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

On the motion, the ayes were 161, nays 0. The motion prevailed.

Y Mobley, B
Y Mobley, J Y Moore Y Mosley
Y Mueller 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 E 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
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 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
White Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

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 Annotated, relating to jurisdiction of the Department of Corrections and designation 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.

The following Senate amendment was read:

Amend HB 1784 by striking lines 26 and 27 of page 1 and inserting in their place the following:
"sheriff consents to such designation, the period of confinement does not exceed two years, and the place of incarceration is in the county of venue for the trial of the offense.'"

Representative Thomas of the 100th moved that the House disagree to the Senate amendment to HB 1784.
The motion prevailed.

MONDAY, MARCH 14, 1994

2359

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 utilize market mechanisms to reduce air pollution; encouraging the Environmental 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 Senate amendment was read:

Amend HR 796 by striking in line 10 on page 1 the words and symbol "is to '" and inserting in lieu thereof the following:
"was enacted to 'preserve, protect, and improve air quality and to control emissions to prevent the significant deterioration of air quality and to".
By striking lines 12 and 13 on page 2 and inserting in lieu thereof the following:
"regulation of utilizing market forces to improve environmental protection at a lower cost; and".
By striking line 27 on page 2 and inserting in lieu thereof the following:
"potentially achieving air quality improvements if properly designed and properly implemented and, without".
By striking lines 2 and 3 on page 4 and inserting in lieu thereof the following:
"nonattainment area;
(2) The General Assembly urges that any emissions banking and trading program not discourage the location of industry in less developed areas of the state outside the nonattainment area and not unduly increase the health and environmental risks to any particular community;
(3) The General Assembly urges that any emissions banking and trading program be designed to prevent any new liability for the state; and
(4) The General Assembly encourages the".
By inserting on line 9 on page 4, immediately following the words "inclusion in", the words "or supplement to".

Representative Lane of the 146th moved that the House agree to the Senate amendment to HR 796.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Brooks, D Brooks, T Brown
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 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
Epps Y Evans Y Felton Y Floyd, J.M
Floyd, J.W

Y Godbee Golden
Y Goodwin Y Greene Y Groover Y Hammond
Banner Y Harris, B Y Harris, M Y Hart Y Heard Y Hegstrom Y Hembree Y Henson

2360

JOURNAL OF THE HOUSE,

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 YKaye Y Kinnamon Y Klein YLadd
Lakly

Y Lane, D Y Lane, R Y Lawrence Y Lawson
Lee Y Lewis YLord Y Lucas Y Maddox YMann E 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 E Purcell, A
Purcell, B Randall
Y Randolph YRay Y Reaves Y Reichert
Roberts

On the motion, the ayes were 156, nays 0. The motion prevailed.

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 YSmyre 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 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 1512.

By Representative Hanner of the 159th:
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 regulations establishing the gear and methods allowed for bait shrimping; to provide for the sale of live bait shrimp between bait dealers.

The following Senate amendment was read:

Amend HB 1512 by striking on lines 1 through 5 of page 2 the following:
"to establish minimum income requirements for live bait shrimp dealerships to be derived from the sale of bait shrimp and associated recreational fishing services, supplies, and accessories; to require proof of such minimum income;".
By striking on line 4 of page 6 the following:
"$5,000.00",
and inserting in lieu thereof the following:
"$2,000.00".
By striking lines 29 through 34 on page 8 and lines 1 through 6 on page 9 and inserting in lieu thereof the following:
"{3} (4) No organisms other than shrimp may be held in live shrimp bait tanks; and
{4} (5) Freezer storage sufficient to freeze".

Representative Hanner of the 159th moved that the House agree to the Senate amendment to HB 1512.
On the motion, 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

MONDAY, MARCH 14, 1994

2361

Brooks, T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd
Y Campbell Y Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker
Coleman, B
Y Coleman, T Y Colwell 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
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 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 E Martin Y McBee Y 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 157, nays 0. The motion prevailed.

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
E Purcell, A Y Purcell, B
Randall
Y Randolph YRay Y 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
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 Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall
Y Watson Y Watts
Westmoreland Y White Y Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

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 Senate amendment was read:

Amend HB 1551 by striking on line 16 of page 5 the following: "1999",
and inserting in lieu thereof the following: "1996".

Representative Polak of the 67th moved that the House agree to the Senate amendment to HB 1551.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Brown YBuck

Y Buckner Bunn
Y Burkhalter YByrd Y Campbell Y Canty 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

2362

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 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 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 Y Kinnamon Y Klein Y Ladd N Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis
Y Lord

Y Lucas Y Maddox Y Mann E 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
Patten Y Pelote Y Perry Y Pinholster Y Poag Y Polak
Y Porter

Y Poston Y Powell E Purcell, A
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
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
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 153, nays 1. The motion prevailed.

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 Annotated, relating to probate courts, so as to provide that certain provisions formerly 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 following Senate substitute was read:

A BILL
To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide that certain provisions formerly 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; to provide for jury trials in civil cases and appeals in the probate courts of such counties; to provide for the exercise of the jurisdiction of the judge of the probate court by the clerk of such court concerning uncontested matters in such counties; 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 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended in Article 1, relating to general provisions, by striking in its entirety Code Section 15-9-4, relating to additional eligibility requirements in certain counties, and inserting in lieu thereof the following:
"15-9-4. (a) In all counties of this state having a population of more than 100,000 96,000 according to the United States decennial census of 1070 1990 or any future such census, no person shall be judge of the probate court unless at the time of his election,

MONDAY, MARCH 14, 1994

2363

in addition to the qualifications required by law, he or she has attained the age of 30 years and either has practiced law or participated in the writing or passage of law for three years preceding to election or has served for at least five years as a clerk of the probate court, which service has been continuous and immediately prior to Ms election as judge of the probate court.
(b) Nothing contained in subsection (a) of this Code section shall apply to any person holding the office of judge of the probate court on April 13, 1979, in any county described in such subsection.
(c) No person elected judge of the probate court in any county described in subsection (a) of this Code section on April 13, 1979, shall engage in the private practice of law.
(d) In any county of this state having a population of more than 160,000 96,000 persons according to the United States decennial census of 1080 1990 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no person shall be judge of the probate court unless at the time of his election, in addition to the qualifications required by law, he or she has attained the age of 30 years and has been admitted to practice law for seven years preceding Ms election."
Section 2. Said chapter is further amended in Article 6, relating to jury trials and appeal, by striking in its entirety paragraph (2) of Code Section 15-9-120, relating to definitions relative to jury trials and appeals for probate courts, and inserting in lieu thereof a new paragraph to read as follows:
"(2) 'Probate court' means a probate court of a county having a population of more than 100,000 96,000 persons according to the United States decennial census of 1986 1990 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years."
Section 3. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 15-9-36, relating to judges and clerks of the probate court, and inserting in lieu thereof the following:
"(c) (1) In addition to other powers granted to appointed clerks, the chief clerk of the probate judge or, if there is no chief clerk, a clerk designated by the judge, may exercise all the jurisdiction of the judge of the probate court concerning uncontested matters in the probate court. Such clerk may exercise such power regardless of whether the judge of the probate court is present.
(2) The powers granted by paragraph (1) of this subsection shall be exercised only by a chief clerk or designated clerk who has been a member of the State Bar of Georgia for at least three years or has been a clerk in the probate court for at least five years.
(3) This subsection shall apply to each county of this state having a population of 100,000 96,000 or more persons according to the United States decennial census of 1080 1990 or any future such census."
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 Senate substitute to HB 1754 by striking lines 1 through 13 of page 1 and inserting in their place the following:
"To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to repeal those certain provisions formerly applicable to counties having a population of more than 100,000; to repeal the provisions relating to certain additional eligibility requirements for judges of the probate courts in such counties; to provide an exception; to provide for jury trials in civil cases and appeals in the probate courts of such counties; to provide for the exercise of the jurisdiction of the judge of the probate court by the clerk of such court concerning uncontested matters in such

2364

JOURNAL OF THE HOUSE,

counties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes."
By striking lines 21 through 27 of page 1 and lines 1 through 24 of page 2 and inserting in their place the following:
io~y~4. \SL) *ft ftii counties Or tin9 9tore riflvin^j & population of move tntin j.uuouo
flCCOFQ in tO tfte LJllrt^u DtLtC9 QeCCnnifti CCX19U9 Or Lu i U OF ftny tUtUfe 9UCI1 CCH9U9^ HO
person snflit i&e juci^e 0i tne pfODflte court unless ftt tne time of ftis election, m duuition te the qualifications required by law; he has attained the age ef 36 years and either has practiced law or participated in the writing ef passage ef law for three years preceding fits election OP iiA9 9ei*VCQ tof frt I6t9t live yeftps fts ft cicrK ot tne ppooflte courtj wnicn 9ervice nfl.9 OCCR continuous fluid immeciifltciy prior to ni9 election && juci^e of tne pro bate court.
{b) Nothing contained m subsection {a) ef this Code section shall apply te any per-
namnni iVitunilurliiunrgr tMhInC ru>ififiiiu~nc tf?\rf jinuru^gfrru- ttJ\if tt<hieic* jnjrrru^uKnni*tnc urnunui"rtf urtrn> ^Avr{>jrmil T10P, j1. Qs*7rQ~j tjyili unini^tr cfnuiuiniifLTJTj
described m saeh subsection. <e) No person elected judge of the probate court in any county described m subsec-
tie ^) ef- this Code section e April 13; 1070, provided for in this Code section shall engage in the private practice of law.
{d} (b) In Except as otherwise provided by subsection (c) of this Code section, in any county of this state having a population of more than 160,000 96,000 persons according to the United States decennial census of 1080 1990 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no person shall be judge of the probate court unless at the time of his election, in addition to the qualifications required by law, he or she has attained the age of 30 years and has been admitted to practice law for seven years preceding his election.
(c) A judge of the probate court holding such office on the effective date of this Code section shall continue to hold such office and shall be allowed to seek reelection for such office."

Representative Chambless of the 163rd moved that the House agree to the Senate substitute, as amended by the House, to HB 1754.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown
YBuck Y Buckner
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 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 Y Evans
Y Felton Y Floyd, J.M
Floyd, J.W

Y Godbee Y Golden Y Goodwin Y Greene Y Groover
Hammond 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
Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J

Johnston Jones Y Joyce YKaye Kinnamon Y Klein YLadd Y Lakly
Y Lane, D Y Lane, R
Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann E Martin Y McBee
McClinton Y McKinney Y Milam Y Mills Y Mobley, B
Y Mobley, J Moore
Y Mosley

Mueller
E Oliver Y O'Neal
Orrock Padgett E Parham Y Parrish Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell
E Purcell, A Y Purcell, B
Randall
Y Randolph YRay Y Reaves Y Reichert Y Roberts
Y Royal Y Scoggins
Y Shanahan Y Sherrill

MONDAY, MARCH 14, 1994

2365

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, F Stancil, S Y Stanley, L Y Stanley, P

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

On the motion, the ayes were 143, nays 0. The motion prevailed.

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

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

The following Senate amendment was read:

Amend HB 170 by redesignating Code Section 28-1-16 on line 15 and line 17 of page 1 as Code Section 28-1-17.
By inserting on line 10 of page 2, after the word "each" and before the word "calendar", the following:
"evenly numbered".
By inserting on line 11 of page 2, after the word "year" and before the comma, the following:
"and during the period which begins 60 days after the last day of the first term of the biennial legislative session and ends on the Friday before the second Monday in January of the following calendar year".

Representative Thomas of the 100th moved that the House disagree to the Senate amendment to HB 170.
The motion prevailed.

HB 1136.

By Representative Dixon of the 150th:
A bill to amend Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to applicability of traffic laws to roads within the Georgia Ports Authority's jurisdiction, so as to provide that police officials of the ports authority shall be authorized to issue citations to illegally parked vehicles in specified areas within the grounds of the ports authority.

The following Senate amendment was read:

Amend HB 1136 by striking lines 20 and 21 of page 2 and inserting in their place the following:
"appearing in the court which handles misdemeanor traffic offenses for the county in which the terminal is located, in which event the amount of the".

2366

JOURNAL OF THE HOUSE,

Representative Dixon of the 150th moved that the House agree to the Senate amendment to HB 1136.
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 Y Brown YBuck Y Buckner
Bunn Y Burkhalter
YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless
Chandler Channell Y Childers
Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Y Connell YCox
Y Crawford Y Crews
Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix
Y Dixon, H Y Dixon, S Y Dobbs Y 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
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
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
Lakly Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Y Lucas Y Maddox YMann E 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
Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell
E Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert
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
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
Westmoreland Y White Y Williams, B
Y Williams, R Yates
Y Yeargin Murphy, Spkr

On the motion, the ayes were 152, nays 0. The motion prevailed.

HB 1690.

By Representative Byrd of the 170th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to authorize the Division of Master Plumbers and Journeyman Plumbers to require continuing education for renewal of master plumber licenses.

The following Senate amendment was read:

Amend HB 1690 by striking line 25 of page 1 and inserting the following: "more than four hours annually. The division shall".
By striking lines 14 through 20 of page 2.

Representative Byrd of the 170th moved that the House agree to the Senate amendment to HB 1690.
On the motion, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 14, 1994

2367

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

Y Colwell Y Connell
YCox Y Crawford Y Crews
Culbreth N Cummings
Davis, G Y Davis, M Y Dickinson YDix
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
Manner Y Harris, B Y Harris, M
Hart Y Heard
Hegstrom Y Hembree Y Henson Y Holland Y Holmes

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

On the motion, the ayes were 132, nays 17. The motion prevailed.

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

Y Smith, C Y Smith, L Y Smith, P
Smith, T N Smith, V Y Smith, W
Smyre YSnow N 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 N Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Y Walker Y Wall Y Watson Y Watts N Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

HB 1687.

By Representative Cauthorn of the 35th:
A bill to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to provide for the right of the state to a direct appeal in certain delinquency cases.

The following Senate amendment was read:

Amend HB 1687 by inserting on line 5 of page 1 between the word and symbol "cases;" and the word "to" the following:
"to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees in frivolous actions, so as to provide that a motion for attorney's fees may be made at any time during the course of the action;"
By inserting between line 25 of page 1 and line 1 of page 2 the following:
"Section 2. Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees in frivolous actions, is amended by striking subsection (e) in its entirety and inserting in its place the following:
'(e) Attorney's fees and expenses under this Code section may be requested by motion within at any time during the course of the action but not later than 45 days after the final disposition of the action.'"
By redesignating Sections 2 and 3 as Sections 3 and 4.

2368

JOURNAL OF THE HOUSE,

Representative Cauthorn of the 35th moved that the House agree to the Senate amendment to HB 1687.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Dickinson YDix Y Dixon, H Y Dixon, S N Dobbs
Ehrhart YEpps
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
Harris, M Hart Y 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
Johns ton Jones
N Joyce N Kaye Y Kinnamon Y Klein
YLadd N Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
YLord Y Lucas
Maddox YMann E Martin Y McBee Y McClinton
McKinney Y Milam
Y Mills

On the motion, the ayes were 142, nays 8. The motion prevailed.

Y Mobley, B
Y Mobley, J Moore
Y Mosley
Y Mueller E Oliver
O'Neal Y Orrock
Padgett E Parham Y Parrish
Patten Y Pelote Y Perry N Pinholster YPoag Y Polak
Porter Y Poston Y Powell E Purcell, A
Y Purcell, B Randall
Y Randolph
YRay Y Reaves
Reichert 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
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
Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative Hammond of the 32nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 misleading the general public concerning their employment with or association with a law enforcement agency.

The following Senate substitute was read:

A BILL
To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit persons from misleading the general public concerning their employment with or association with a law enforcement agency; to prohibit persons from using law enforcement terminology, representations, or certain descriptive objects in connection with commercial activity, solicitation, telemarketing, fund

MONDAY, MARCH 14, 1994

2369

raising, or other activity when the use of such terminology has not been approved by the chief executive officer of the agency; to require persons who have been approved to use such law enforcement terminology, representations, or descriptive objects relating to a law enforcement agency to file annual reports with the chief executive officer of such agency; to provide for the contents of such reports; to provide a short title; to provide for legislative findings and declarations; to define certain terms; to prohibit a chief executive officer of a law enforcement agency from granting persons the right to use law enforcement terminology which is misleading or contrary to the state's or political subdivision's interest in preserving the integrity of the agency; to prohibit the registration of corporations and the licensure or registration of persons with state agencies in cases where the name of the corporation or person is an unauthorized use of law enforcement terminology; to provide for civil remedies; to provide for venue; to authorize civil actions by persons who have suffered damages as a result of violations of this Act; to provide for criminal penalties; 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 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding following Chapter 9 a new Chapter 10 to read as follows:
"CHAPTER 10
35-10-1. This chapter shall be known and may be cited as the 'Law Enforcement Integrity Act of 1994.'
35-10-2. The General Assembly finds and declares that it is contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that such individual or organization is involved with a law enforcement agency when, in fact, the individual or organization is not involved or associated with such law enforcement agency.
35-10-3. As used in this chapter, the term: (1) 'Agency' means and includes the Georgia Bureau of Investigation, the Depart-
ment of Public Safety, a sheriffs office, a county police department, and a municipal police department.
(2) 'Badge' means any official badge currently or previously used by the chief executive officer or a deputy, officer, or other member of an agency.
(3) 'Chief executive officer' means: (A) With respect to the Georgia Bureau of Investigation, the director of investi-
gation; (B) With respect to the Department of Public Safety, the commissioner of pub-
lic safety; (C) With respect to a sheriffs office, the sheriff; and (D) With respect to a county or municipal police department, the chief of police.
(4) 'Emblem' means any official patch or other emblem worn or used by an agency to identify the agency or its employees.
(5) 'Employee' means a peace officer or other employee of an agency. (6) 'Law enforcement terminology' means any terminology intended to indicate association with, inclusion in, or endorsement by an agency or the chief executive officer or employees thereof including, but not limited to:
(A) With respect to the Georgia Bureau of Investigation, the term 'Georgia Bureau of Investigation,' 'GBI,' or 'agent of the Georgia Bureau of Investigation';
(B) With respect to the Department of Public Safety, the term 'Department of Public Safety,' 'Georgia State Patrol,' 'state patrol,' 'highway patrol,' 'state police,' 'state patrolman,' or 'trooper';
(C) With respect to a sheriffs office, the term 'sheriff,' 'deputy sheriff,' or 'sheriffs posse';
(D) With respect to a county police department, the term 'name of county County Police Department,' 'county police,' or 'police officer'; and

2370

JOURNAL OF THE HOUSE,

(E) With respect to a municipal police department, the term 'name of municipality Police Department,' 'municipal police,' 'city police,' or 'police officer.' (7) 'Person' means an individual or any legal or commercial entity, including, by way of illustration and not limitation, a partnership, corporation, or association. (8) 'Willful violator' means any person who knowingly violates the provisions of this chapter. Any person who violates this chapter after being advised in writing by the chief executive officer that such person's activity is in violation of this chapter shall be considered a willful violator. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator unless, upon learning of the violation, such person immediately terminates such agent or representative relationship with such violator.
35-10-4. (a) No person may use law enforcement terminology, any badge of an agency, or any emblem of an agency or make any representations concerning an agency in association with any commercial activity, any solicitations, any telemarketing, any fundraising activity, or any other activity where such use may lead the public to believe that the person is associated with an agency unless such person first obtains written permission from the chief executive officer of any such agency for such use. If such an organization represents that a specific agency is endorsing a fundraising enterprise, such organization shall obtain written permission from the chief executive officer of such agency. The grant of such permission shall be in the discretion of the chief executive officer, shall be for a period of six months subject to renewal in the discretion of the chief executive officer, and shall be under such other conditions as the chief executive officer may impose. However, under no circumstance may the chief executive officer grant permission for a person to use law enforcement terminology, any badge, or any emblem or make any representations concerning an agency in association with any commercial activity, any solicitation, any telemarketing, any fundraising activity, or otherwise, where such use is misleading or is contrary to the state's or local political subdivision's interest in preserving the integrity of the agency.
(b) Any person using law enforcement terminology, any badge of an agency, or any emblem of an agency or making representations concerning an agency as a result of receiving written permission from the chief executive officer of the agency as provided in subsection (a) of this Code section shall be required to file an annual report with the chief executive officer evidencing:
(1) The total amount of any funds collected through any commercial activity, solicitations, telemarketing, or other fundraising activity;
(2) The amount of such funds so collected which is used for administrative expenses, the amount which is used for fundraising expenses, and the amount which is used for program services; and
(3) Such other information as required by such chief executive officer included in the statement of permission.
(c) The requirements of this Code section shall be in addition to and not in lieu of the requirements of Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of 1988.'
35-10-5. No person may register with the Secretary of State as a corporation or register or seek a license with any state agency or subdivision of this state if such person is registering or seeking a license using a name which is an unauthorized use of law enforcement terminology.
35-10-6. (a) Whenever there shall be an actual or threatened violation of Code Section 35-10-4 or 35-10-5, the Attorney General on behalf of the Georgia Bureau of Investigation and the Department of Public Safety and the district attorney on behalf of an agency of a political subdivision shall have the right to apply to a court of competent jurisdiction for an injunction to restrain the violation.
(b) In addition to any other relief or sanction for violation of Code Section 35-10-4 or 35-10-5, where the violation is willful, the state shall be entitled to collect a civil penalty in the amount of not more than $1,000.00 for each violation involving the Georgia Bureau of Investigation and the Department of Public Safety; and the local political

MONDAY, MARCH 14, 1994

2371

subdivision shall be entitled to collect a civil penalty in the amount of not more than $1,000.00 for each violation involving an agency of the political subdivision. Each occurrence of the unauthorized use of law enforcement terminology shall constitute a separate violation.
(c) (1) The Attorney General on behalf of the Georgia Bureau of Investigation and the Department of Public Safety shall be entitled to seek civil remedies in the Superior Court of Fulton County or in the superior court of the county of residence of the violator.
(2) The district attorney on behalf of an agency of a political subdivision wherein a violation of this chapter occurs and in which the district attorney has jurisdiction shall be entitled to seek civil remedies in the superior court of the county wherein the violation occurred. 35-10-7. Any person who has given money or any other item of value to another person as a result of a violation of this chapter may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim may be entitled to recover reasonable attorney's fees. 35-10-8. A person who violates the provisions of this chapter 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 of not less than $1,000.00 nor more than $5,000.00, or both."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Twiggs of the 8th moved that the House agree to the Senate substitute to HB 1886.
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 Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown YBuck Y Buckner
Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y 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
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
Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J
Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd
Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann E 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
Porter Poston Y Powell E 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

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

2372

JOURNAL OF THE HOUSE,

On the motion, the ayes were 154, nays 0. The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 1270 by striking "Human" and inserting "Natural" on line 3 of page 1, line 21 of page 3, line 7 of page 6, and line 11 of page 8.
By striking "that the department shall promulgate regulations regarding", and inserting "for" on lines 6 and 7 of page 1.
By adding after the semicolon on line 11 of page 1 the following:
"to provide for exemptions and regulations;".
By adding "to provide for an effective date;" after "matters;" on line 18 of page 1.
By adding "as specified by the department" immediately following "measures" on line 2 of page 4.
By striking the comma at the end of line 4 of page 4 and striking lines 5 through 10 of page 4, and inserting in their place a period.
By striking lines 28 through 30 of page 4 and inserting "activity that fails the toxicity characteristics determined by the department."
By adding between lines 2 and 3 of page 6 the following:
"(17.1) 'Risk assessor' means a person who conducts on-site risk assessments of lead hazards."
By adding "(1)" immediately following "(c)" on line 33 of page 6.
By striking "administered" and inserting "approved" on line 7 of page 7.
By striking "prior to" and inserting "after" on line 11 of page 7.
By adding between lines 17 and 18 of page 7 the following:
"(2) On and after January 1, 1996, no person shall perform or represent that such person is qualified to perform any lead hazard reduction activities for compensation unless such person possesses the appropriate licensure or certification as determined by the department or unless:
(A) Such person is an owner performing abatement upon that person's own property; or
(B) Such person is an employee of a property management company doing routine cleaning and repainting upon property managed by that company where there is insignificant damage, wear, or corrosion of existing lead-containing paint or coating substances.
(3) A person who is employed by a state or county health department or agency to conduct lead investigations to determine the sources of lead poisonings, as determined

MONDAY, MARCH 14, 1994

2373

by the department, shall be subject to licensing pursuant to paragraph (2) of this subsection as a lead inspector but shall not be required to pay any fees as otherwise required under this chapter or under rules and regulations promulgated by the department under this chapter."
By striking lines 18 through 20 of page 8 and inserting in their place the following:
"Section 2. This Act shall become effective upon the Department of Natural Resources' receiving sufficient federal funding for the purpose of implementing the department's duties under this Act."

Representative Simpson of the 101st moved that the House agree to the Senate amendment to HB 1270.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Colwell
Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings 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 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 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
Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann E Martin
Y McBee Y McClinton
McKinney Milam
Y Mills

On the motion, the ayes were 157, nays 0. The motion prevailed.

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 E Purcell, A
Y Purcell, B Randall
Y Randolph YRay Y Reaves
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 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 Westmorland Y White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

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 Annotated, 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 management systems are subject to reexamination by such department.

2374

JOURNAL OF THE HOUSE,

Representative Childers of the 13th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1658 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Childers of the 13th, Skipper of the 137th and Hudson of the 156th.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HR 339. By Representative Groover of the 125th: A resolution compensating Ms. Shirley Selph.

The following Senate amendment was read:

Amend HR 339 on page 1, line 19 change to read "authorized and directed to pay the sum of $8,000 to Ms.".

Representative Groover of the 125th moved that the House agree to the Senate amendment to HR 339.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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
Johnston Jones Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence
Y Lawson YLee Y Lewis YLord
Y Lucas Y Maddox
Mann E 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 E Purcell, A
Purcell, B Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal
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 Stand), 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
Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates
Yeargin Murphy, Spkr

MONDAY, MARCH 14, 1994

2375

On the motion, the ayes were 150, nays 0. The motion prevailed.

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 Senate amendments were read:

SENATE AMENDMENT NO. 1

Amend HB 1521 by striking line 9 on page 1 and inserting in lieu thereof the following:
"to authorize the director of the Environmental Protection Division of the Department of Natural Resources to request the Georgia State Financing and Investment Commission for the issuance of public debt to fund activities to correct hazardous waste sites; to provide that any moneys recovered from responsible persons shall be applied to reduce such indebtedness; to provide conditions for a certain effective date;".
By inserting immediately before line 23 of page 5 the following:
"Section 5.1. Said title is further amended by striking the word "and" at the end of paragraph (4) of subsection (a) of Code Section 12-8-94, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; by striking the symbol "." at the end of paragraph (5) of such subsection and inserting in lieu thereof the word and symbol "; and"; and by inserting at the end of such subsection the following:
'(6) To request the Georgia State Financing and Investment Commission for the issuance of public debt to fund corrective action pursuant to this part; provided, however, that any moneys recovered from persons found to be legally liable for such corrective action shall be used to reduce any such public debt incurred.'".
By striking line 25 of page 5 and inserting in lieu thereof the following:
"without such approval; provided, however, that Section 5.1 of this Act shall become effective only upon the effective date of a duly ratified amendment to the Constitution authorizing the state to incur indebtedness to fund activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at certain sites."

SENATE AMENDMENT NO. 2

Amend HB 1521 by inserting on line 9 of page 1, immediately following the word and symbol "expelled;", the following:
"to exempt certain packaging from the prohibition against the sale of packages containing lead, cadmium, mercury, or hexavalent chromium;".
By striking line 4 of page 2 and inserting in lieu thereof the following:
"division shall be required to attempt by".

2376

JOURNAL OF THE HOUSE,

By striking on line 6 on page 2 the word "Such" and inserting in lieu thereof the following:
"If the director finds that the public health, safety, or welfare requires emergency action and incorporates a finding to that effect in his or her order, such order may summarily provide for the immediate cessation of any activity constituting such violation. Whether negotiated or directed, such".
By inserting immediately following line 22 of page 5 the following:
"Section 5. Said title is further amended by striking in its entirety paragraph (5) of Code Section 12-8-161, relating to definitions relative to a prohibition against selling packages containing lead, cadmium, mercury, or hexavalent chromium, and inserting in lieu thereof the following:
'(5) "Packaging component" means any individual assembled part of a package, including but not limited to interior and exterior blocking, bracing, cushioning, weatherproofing, exterior strapping except for steel strapping which contains less than 100 ppm lead, coatings, closures, inks, labels, and tinplated steel that meets the American Society for Testing and Materials (ASTM) specification A-623.'".
By redesignating Sections 5 and 6 as Sections 6 and 7, respectively.

Representative Dobbs of the 92nd moved that the House agree to the Senate amendments to HB 1521.
On the motion, the roll call was ordered and the vote was as follows:

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

N 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
YEpps Evans
Y Felton
Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond
Hanner Y Harris, B Y Harris, M YHart Y Heard Y Hegstrom Y Hembree 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
Johns ton Y Jones N Joyce NKaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee
Lewis YLord Y Lucas Y Maddox
Mann E Martin Y McBee Y McClinton
McKinney Milam Y Mills

On the motion, the ayes were 148, nays 8. The motion prevailed.

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

MONDAY, MARCH 14, 1994

2377

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 Annotated, 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.

The following Senate amendment was read:

Amend HB 1503 by striking lines 23 and 24 of page 1 and inserting in lieu thereof the following:
"lottery retailer which are within the view of such."

Representative Crews of the 78th moved that the House agree to the Senate amendment to HB 1503.
On the motion, 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 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
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
Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Manner
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 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 Y Lee Y Lewis YLord Y Lucas Y Maddox
Mann E 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
Patten
Y Pelote Y Perry
Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell E Purcell, A
Purcell, B Randall Y Randolph
YRay Y Reaves Y Reichert
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, W Y Smyre YSnow
Y Stancil, F 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 motion, the ayes were 153, nays 0. The motion prevailed.

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 employment 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 insurance with respect to community service boards.

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JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change the definition of employment 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 insurance with respect to community service boards; to authorize methods of and procedures for certain self-insurance; to change certain provisions relating to the purchase of certain insurance or indemnity contracts; to provide for a transfer of funds; 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 departments 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 family and children services; to provide for commercial property policies for community service boards; to change certain definitions regarding tort claims against the state; to provide that workers' compensation shall be the exclusive remedy for certain claims against the state by state employees; to provide for waivers of confidentiality with respect to certain records relating to claims against the state; to provide for limitations and enforcement proceedings in connection therewith; to provide for additional confidentiality in connection therewith; to provide for and regulate hold harmless and indemnification agreements; to provide for liability limits and reimbursement in connection therewith; to prohibit certain insurance policy provisions in connection therewith; 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 subsection (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 subdivisions, provided that such service is excluded from 'employment' as defined in the Federal 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 not in the usual course of the trade, business, occupation, or profession of the

MONDAY, MARCH 14, 1994

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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, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firefighters, law enforcement personnel, and personnel of emergency management or civil defense agencies, emergency medical services, and rescue organizations whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer 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 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 law enforcement personnel; any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service, or rescue organization, whether governmental or not, of any county or municipality of this state for volunteer services, which are not prohibited by Code Section 38-3-36, rendered in such capacity and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer members or workers; and any person certified by the Department of Human Resources or the Composite State Board of Medical Examiners and registered with any county or municipality of this state as a medical first responder for any 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 provide 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 Chapter 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 contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article. For purposes of this chapter, an owner-operator as such term is defined in
Code Section 40-2-87 shall be deemed to be an independent contractor. Inmates or
persons participating in a work release program, community 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
be an employee while participating in work or training or while going to and from the

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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 provide 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 insuring 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, however, that the employees of community service boards, county departments of health^ 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. In order to facilitate the administration of liability coverage or other insurance coverages provided the community service boards, county departments of health, and county departments of family and children services, the Department of Human Resources must designate a central office which will be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services."
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 h the commissioner to do so, fee the commissioner shall have the authority to purchase policies of liability insurancej reinsurance, or contracts of indemnity 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 therewith, 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 liability and, where necessary or convenient to the public functions of the state, the commissioner 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 possession.
(b) T-he commissioner ef- administrative services sfeatt establish and- administer a program for insuring the officers ad employees ef agencies, boards, bureaus, commissions, departments, er authorities ef this state, when such entities request fei -to 4e se; fitin9t iifluiiity ift connection witn softtinf of removing flsocstos of owicr nHZQPSous
boards, bureaus, commissions, departments, or authorities ef- the state as provided flDovCj tftc comHI199lonef m&y Also provide iisoiirty msursttice covcrti^c to noicicps or ft patent ef patents ter the removal er abatement ef asbestos er ether hazardous materials pursuant te the terms ef licensing agreement between the patent feeWer and tfee state.
rOf till 9 pUPpO9Cj tilC COmH119310nCP HI fly pllFCfl89C pOllC!C9 Or rift Unity lH9UF8.il C6 Of COH*
tracts ef indemnity insuring er indemnifying saeh officers and employees trader a master policy er e a blanket coverage basis with er without dcductiblcs er excess coverage. T-he

MONDAY, MARCH 14, 1994

2381

commissioner jnay alternatively retain aH premium moneys paid te the Department e ivc cervices tor sucii purposes t fill moneys fecciveci ss interest) Etnoi ftii
mein of SUCH ii&Dirity find tne expenses necessary to Adnfrmistei? pfopewy ft ~i ne commissioner snctii invest flny sucn money tft tnc
for in this subsection shall be designated the 'Hazardous Materials Liability Rcocrvc Fund,' and such fund and program shall be an undertaking separate and apart from the
Code section. On the effective date of this Act, the commissioner of the Department of Administrative Services shall transfer all funds from the Hazardous Materials Liability Reserve Fund into the State Tort Claims Trust Fund established pursuant to Article 2 of Chapter 21 of Title 50."
Section 5. Said chapter is further amended by adding a new Code section immediately 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 automobile 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 automobile liability policy. These policies will provide coverage to employees of county departments 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 provided for in Code Section 45-9-43 or by allocating the actual cost of the business automobile 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 program."

Section 7. Title 50 of the Official Code of Georgia Annotated, relating to state government, 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 payment 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."

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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 follows:
"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."
Section 9. Said title is further amended by adding a new paragraph immediately following paragraph (3) of Code Section 50-21-22, relating to definitions regarding tort claims against the state, to be designated paragraph (3.1), to read as follows:
"(3.1) 'Occurrence' means an accident, including continuous or repeated exposure to substantially the same general harmful conditions."
Section 10. Said title is further amended by striking paragraph (7) of Code Section 50-21-22, relating to definitions regarding tort claims against the state, and inserting in its place a new paragraph (7) to read as follows:
"(7) 'State officer or employee' means aay officer, employee, ef agent officer or employee of the state, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of the state in any official capacity, whether with or without compensation, but the term does not include an independent contractor doing business with the state. The term state officer or employee also includes any natural person who is a member of a board, commission, committee, task force, or similar body established to perform specific tasks or advisory functions, with or without compensation, for the state or a state government entity, and any natural person who is a volunteer participating as a volunteer, with or without compensation, in a structured volunteer program organized, controlled, and directed by a state government entity for the purposes of carrying out the functions of the state entity. An employee shall also include foster parents and foster children. The term shall not include a corporation whether for profit or not for profit, or any private firm, business proprietorship, company, trust, partnership, association, or other such private entity."
Section 11. Said title is further amended by adding a new Code section immediately following Code Section 50-21-24, to be designated Code Section 50-21-24.1, to read as follows:
"50-21-24.1. This act does not waive the workers' compensation exclusive remedy when state employees are injured on the job. The workers' compensation fund shall pay claims for job related injuries and not the State Tort Claims Trust Fund."
Section 12. Said title is further amended by adding new subsections at the end of Code Section 50-21-26, relating to notice of claim against the state, to be designated subsections (c) and (d), to read as follows:
"(c) The Department of Administrative Services shall have the authority to examine and copy any records of any state government entity to facilitate the investigation of a claim. Each state government entity shall make available to the Department of Administrative Services, incidental to any investigation of a claim, all such records notwithstanding any other provision of law which designates such records as confidential or which prohibits disclosure of such records; provided, however, that the Department of Administrative Services shall be bound by such provision of law and shall not make further disclosure of such records except as permitted by such provision of law. The Department of Administrative Services may enforce the authority granted under this subsection by subpoena which may be enforced, upon application by the department, by the Superior Court of Fulton County, Georgia, in the same manner as subpoenas issued under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' may be enforced.
(d) Any document or information gathered or prepared by the Department of Administrative Services in connection with the investigation undertaken as a result of

MONDAY, MARCH 14, 1994

2383

the notice of claim shall be considered privileged and confidential and shall not be subject to discovery by any claimant in any proceeding under this article except as otherwise provided by law."
Section 13. Said title is further amended by adding a new Code section immediately following Code Section 50-21-36, to be designated Code Section 50-21-37, to read as follows:
"50-21-37. (a) If a state government entity enters into or is the beneficiary of any agreement under which a third party agrees to hold a state government entity or the State Tort Claims Trust Fund harmless or to indemnify a state government entity or the State Tort Claims Trust Fund, or to provide insurance for those purposes, then the third party or the insurer, as the case may be, shall be liable to the State Tort Claims Trust Fund in accordance with such agreement or contract of insurance, for reimbursement of the amount of any disbursements from the State Tort Claims Trust Fund in satisfaction of any liability, whether established by judgment or settlement in accordance with this article, to the extent of the hold harmless obligation or requirement to procure insurance undertaken under such agreement or contract of insurance obtained pursuant to such agreement. The liability limits specified under Code Section 50-21-29 shall not be increased by the existence of hold harmless or indemnity obligations in such contractual agreements or by the obligation to procure insurance for such purposes or by the limits set forth in any such contractual agreement or contract of insurance procured pursuant thereto.
(b) No policy of insurance shall be delivered in this state which negates the provisions of this Code section or which provides that the limits of the policy are excess over amounts payable from the State Tort Claims Trust Fund under this Code section."
Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 15. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 100th moved that the House agree to the Senate substitute to HB 1921.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Channel! Y Childers Y Clark Y Coker Y Coleman, B
Y Coleman, T Y Colwell Y Connell YCox Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
Y Dix 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
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 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
Lucas Maddox YMann E 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 Parrish Patten

Y Pelote
Perry Y Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell E Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y 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

2384

JOURNAL OF THE HOUSE,

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 Y Titus Y Towery Y Trense Y Turnquest Y Twiggs

Y Vaughan Y Walker Y Wall Y Watson Y Watts
Westmorland

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

On the motion, the ayes were 149, nays 0. The motion prevailed.

HR 906. By Representative Scoggins of the 24th: A resolution compensating Mr. Nelson 0. Scoggins.

The following Senate amendment was read:

OMnr."page 1, Line 23 change to read "authorized and directed to pay the sum of $3,000 to

Representative Scoggins of the 24th moved that the House disagree to the Senate amendment to HR 906.
The motion prevailed.

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 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.

The following Senate substitute was read:

A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization 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 consolidation of appeals; 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 conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regarding review of assessments and appeal procedures, is amended by striking 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

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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. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. 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 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 dissatisfied 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 mailing to or filing with the county board of tax assessors a written notice of appeal te the county board ef 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. 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. In any year in which no county-wide reevaluation is implemented, 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 during such year, the appeal shall be automatically referred to the county board of equalization. This paragraph shall not apply to any county whose digest for the current year cannot be approved by the commissioner pursuant to subsection (a) of Code Section 48-5-304.
(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 standards 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 authorized agent or representative, or both. The taxpayer shall specify in writing to the

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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 notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented.
(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 writing, 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. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (f)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of 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 following 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 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 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.

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(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 conducted 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 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 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 specifically state the grounds for appeal. The notice in cither 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 (c)(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 information 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 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 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 filing 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 determination of value on appeal is less than the valuation set by the county board of equalization, the taxpayer shall receive a deduction in his 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 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."

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Section 2. This Act shall become effective on January 1, 1995, 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.

Representative Vaughan of the 34th moved that the House agree to the Senate substitute to HB 1436.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Colwell Y 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 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 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
Jenkins Y Johnson, D.H Y Johnson, E
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 Y Lucas
Maddox YMann E Martin Y McBee Y McClinton
McKinney Milam
Y Mills

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
Pinholster YPoag Y Polak Y Porter Y Poston Y Powell E 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
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 Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan Y Walker
Y Wall Y Watson
Y Watts Westmorland
Y White Y Williams, B Y Williams, R
Y Yates Yeargin Murphy, Spkr

On the motion, the ayes were 145, nays 0. The motion prevailed.

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

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

HR 967. By Representative Birdsong of the 123rd: A resolution designating the Hardy Durham Faulk, Sr., Memorial Bridge.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

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2389

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 certain information to be exchanged between parties to a motor vehicle accident; 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.

The Senate has disagreed to the House amendments to the following Bill of the Senate:

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.

The Senate adheres to its amendments and has appointed a Committee of Conference on the following Bill of the House:

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 contracts for the purchase of certain residential property shall have a "Binding Arbitration and Warranty Disclosure Statement".
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Henson of the 55th, Langford of the 29th and Egan of the 40th.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1130. By Representatives Godbee of the 145th, Coleman of the 142nd, Murphy of the 18th, Purcell of the 147th, Taylor of the 134th and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year, so as to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, conditions, and costs of such program.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Hill of the 4th, Marable of the 52nd and Ralston of the 51st.

The Senate adheres to its amendments and has appointed a Committee of Conference on the following Bill of the House:

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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 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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Walker of the 22nd, Farrow of the 54th and Madden of the 47th.

The Senate has disagreed to the House amendment to the Senate substitute to the following Bill of the House:

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.

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

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 Annotated, 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 Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House:

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

HB 1687. By Representative Cauthorn of the 35th:
A bill to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to provide for the right of the state to a direct appeal in certain delinquency

The Senate has agreed to the House amendment, as amended by the Senate, to the following Bill of the Senate:

MONDAY, MARCH 14, 1994

2391

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 Annotated, 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.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment, to the Senate substitute, to HB 1952.

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.

Representative Harris of the 112th moved that the House insist on its position in amending the Senate substitute 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 Harris of the 112th, Bargeron of the 120th and Moore of the 113th.

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

SB 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.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to substantially revise provisions relating to campaign finance disclosure and regulation, personal financial disclosure, and lobbyist reporting; to specify requirements for names of political action committees and separate segregated funds; to provide for the period of effectiveness of certain campaign committee registrations; to revise provisions relating to prohibited contributions by governmental agencies; to change certain required contents of campaign finance disclosure reports; to change the manner of filing of campaign finance disclosure reports; to provide additional filing fees for late campaign finance disclosure reports; to change provisions relating to limitations upon amounts of contributions; to change the time of filing of certain campaign finance disclosure reports in connection with recall campaigns; to provide that the prohibition

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against accepting campaign contributions during legislative sessions shall not apply to candidates for certain judicial offices; to allow the acceptance of certain contributions at certain times and for certain purposes; to provide that certain loans and contributions shall not be subject to limits on campaign contributions; to change provisions relating to filing of financial disclosure statements by public officers and candidates for public office; to change provisions relating to disclosure of lobbyists' expenditures; to change provisions relating to fees for certain filings by lobbyists; to provide for other matters related to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended by adding at the end of Article 1 a new Code Section 21-5-12, to read as follows:
"21-5-12. (a) As used in this Code section, the term 'connected organization' means any organization, including any corporation, labor organization, membership organization, or cooperative, which is not a political action committee, as defined in this article, but which, directly or indirectly, establishes or administers a political action committee or which provides more than 40 percent of the funds of the political action committee for a calendar year.
(b) The name of each political action committee shall include the name of its connected organization.
(c) The name of any separate segregated fund, as defined in Code Section 21-5-40, shall include the name of its connected organization."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 21-5-30, relating to making and acceptance of campaign contributions, and inserting in its place a new subsection to read as follows:
"(b) Each candidate shall maintain records and file reports as required by this chapter or shall have a campaign committee for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairperson and treasurer shall be filed with the Secretary of State. When a candidate has been elected to public office, the registration of that candidate's campaign committee with the Secretary of State shall remain in effect so long as the candidate remains in office until and unless: (1) the registration is canceled by the campaign committee or the candidate; or ^2} a new campaign committee for that candidate is registered with the Secretary of State. The same person may serve as chairperson and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairperson or treasurer of the campaign committee."
Section 3. Said chapter is further amended by striking subsection (d) of said Code Section 21-5-30 and inserting in its place a new subsection to read as follows:
"(d) Where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling such aggregation requirement, members of the same family, firm, or partnership or employees of the same person, as defined in paragraph (14) of Code Section 21-5-3, shall be considered to be a common source] provided, however, that the purchase of tickets for or attendance at a fundraising event by members of the same family, firm, or partnership or employees of the same person shall not be considered to be contributions from a common source except to the extent that tickets are purchased as a block."
Section 4. Said chapter is further amended by striking subsections (a), (b), and (c) of Code Section 21-5-30.2, relating to contributions by public agencies, and inserting in their place new subsections to read as follows:

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"(a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) 'Agency' means: (A) Every state department, agency, board, bureau, commission, and authority; (B) Every county, municipal corporation, school district, or other political subdi-
vision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar
body of each such county, municipal corporation, or other political subdivision of this state; and
(D) Every city, county, regional, or other authority established pursuant to the laws of this state. (2) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred by or on behalf of an agency, without receipt of payment therefor, to any campaign committee, political action committee, or political organization or to any candidate for campaign purposes. (3) 'Elector' means any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this state and who shall have registered in accordance with Chapter 2 or 3 of this title. (4) 'Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee. (5) 'Political organization' means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office. (6) 'Public meeting place' means any county, municipal, or other public building suitable and ordinarily used for public gatherings. (b) No agency and no person acting on behalf of an agency shall make, directly or indirectly, any contribution to any campaign committee, political action committee, or political organization or to any candidate; but nothing in this Code section shall prohibit the furnishing of office space, facilities, equipment, goods, or services to a public officer for use by the public officer in such officer's fulfillment of such office. (c) No campaign committee, political action committee, or political organization or candidate shall accept a contribution in violation of subsection (b) of this Code section."
Section 5. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-5-34, relating to campaign finance disclosure reports, and inserting in its place a new paragraph to read as follows:
"(1) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices or the General Assembly and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall file with the Secretary of State the required campaign contribution disclosure reports, fa addition, a A candidate for membership in the General Assembly or the chairperson or treasurer of such candidate's campaign committee shall file a copy ef each ef such candidate's reports with the election superintendent of the county of such candidate's residence and shall file a copy of such reports with the Secretary of State; and such reports of candidates for membership in the General Assembly shall be deemed to be filed for all legal purposes where the originals are filed."

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Section 6. Said chapter is further amended by striking subparagraph (b)(l)(A) of Code Section 21-5-34, relating to campaign finance disclosure reports, and inserting in its place a new subparagraph to read as follows:
"(A) The amount and date of receipt, along with the name, and mailing address and occupation of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign contributions for the reporting candidate. Records shall fee maintained ef the buaincao, occupation, er place of employment ef the pefseft making th contribution et such person's spouse *d the cumulative total ef seh contributions shall be reported according te occupational categories;".
Section 7. Said chapter is further amended by striking divisions (iii) and (vii) of subparagraph (b)(l)(D) of said Code Section 21-5-34 and inserting in their respective places new divisions to read as follows:
"(iii) The first report of a reporting cycle shall list the contribution net balance on hand brought forward from the previous reporting cycle, if any, and the total contributions received during the period covered by the report;"
"(vii) If a public officer seeks reelection to the same public office or election te & different public office, the contribution net balance on hand at the end of the current reporting cycle shall be carried forward to the first report of the applicable new reporting cycle; and".
Section 8. Said chapter is further amended by adding at the end of said Code Section 21-5-34 a new subsection (k) to read as follows:
"(k) In addition to other penalties provided under this chapter, an additional filing fee of $25.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. Provided, however, a 15 day extension period shall be granted on the final report."
Section 9. Said chapter is further amended by striking subsection (f) of said Code Section 21-5-34 and inserting in its place a new subsection to read as follows:
"(f) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the Secretary of State as follows:
(1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors;
(2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 16 days after the expiration date for acquirtng signatures en the recall petition 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition; (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; and (5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality. Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing."
Section 10. Said chapter is further amended by striking Code Section 21-5-35, relating to acceptance of campaign contributions during legislative sessions, and inserting in its place a new Code section to read as follows:

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"21-5-35. (a) No member of the General Assembly or that member's campaign committee or public officer elected state wide or campaign committee of such public officer shall accept a contribution during a legislative session.
(b) Subsection (a) of this Code section shall not apply to: (1) The receipt of a contribution which is returned with reasonable promptness to
the donor or the donor's agent; er (2) The receipt and acceptance during a legislative session of a contribution con-
sisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative sessionj or
(3) A judicial officer elected state wide or campaign committee of such judicial officer."
Section 11. Said chapter is further amended by striking Article 2A and inserting in its place a new article to read as follows:
"ARTICLE 2A
21-5-40. As used in this article, the term: (1) 'Affiliated committees' means any two or more political committees (including
a separate segregated fund) established, financed, maintained, or controlled by the same corporation, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit thereof.
(2) 'Affiliated corporation' means with respect to any corporation any other corporation related thereto: as a parent corporation; as a subsidiary corporation; as a sister corporation; by common ownership or control; or by control of one corporation by the other.
(3) 'Corporation' means any business or nonprofit corporation organized under the laws of this state, any other state, or the United States.
runoff, special election, er special election runoff year' shall be construed and applied separately for each elective office and means for each elective office the calendar year during which a regular or special election to fill such office is held, except that if a special election is held in a year in which a regular election is held, the limitations contained in this article shall be separately applied to each such election.
(4.1) 'Nonelection year' shall be construed and applied separately for each elective office and means for each elective office any calendar year during which there is no regular election to fill such office.
(5) 'Person' means an individual. (6) 'Political committee' means: (A) any partnership, committee, club, association, organization, party caucus of the House of Representatives or the Senate, or similar entity (other than a corporation) or any other group of persons or entities which makes a contribution; or (B) any separate segregated fund. (6.1) 'Political party' means any political party as that term is defined in paragraph (21) of Code Section 21-2-3, as amended; provided, however, that for purposes of this article, local, state, and national committees shall be separate political parties. (6.2) 'Public office' means the office of each elected public officer as specified in paragraph (15) of Code Section 21-5-3. (7) 'Separate segregated fund' means a fund which is established, administered, and used for political purposes by a corporation, labor organization, membership organization, or cooperative and to which the corporation, labor organization, membership organization, or cooperative solicits contributions. 21-5-41. (a) No person shall fer any election during the course of any nonelection year make contributions to any candidate for state-wide elected office which in the aggregate for that year exceed $2,600.00 $1,000.00. No person shall during the course of any election year make contributions to any candidate for state-wide elected office which in the aggregate for that year exceed $5,000.00. (a.l) No person shall fef ay election during the course of any nonelection year make contributions to any candidate for the General Assembly or public office other than

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state-wide elected office which in the aggregate for that year exceed $1,000.00. No person shall during the course of any election year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that year exceed $2,000.00.
(b) A contribution by a partnership shall be deemed to have been made pro rata by the partners as individuals for purposes of this Code section, as well as by the partnership in toto for purposes of Code Section 21-5-43.
(c) The limits established by this Code section shall not apply to a loan or other contribution made to a campaign committee or candidate by the candidate or a member of the candidate's immediate family.
21-5-42. (a) No corporation shall fef any election during the course of any nonelection year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate for the same election in the same year by any affiliated corporations, exceed $2,600.00 $1,000.00. No corporation shall during the course of any election year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated corporations, exceed $5,000.00.
(b) No corporation shall for aay election during the course of any nonelection year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate f-e* the same election in the same year by any affiliated corporations, exceed $1,000.00. No corporation shall during the course of any election year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated corporations, exceed $2,000.00.
(c) The limits established by this Code section shall not apply to a bona fide loan made to a candidate or campaign committee by a state or federally chartered financial institution or a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation if:
(1) Such loan is made in the normal course of business with the expectation on the part of all parties that such loan shall be repaid; and
(2) Such loan is based on the credit worthiness of the candidate and the candidate is personally liable for the repayment of the loan.
21-5-43. (a) No political committee shall f-w ay election during the course of any nonelection year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate fef the same election in the same year by any affiliated political committees, exceed $2,600.00 $1,000.00. No political committee shall during the course of any election year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated political committees, exceed $5,000.00.
(b) No political committee shall f-er emy election during the course of any nonelection year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate f-e* the stne election in the same year by any affiliated political committees, exceed $1,000.00. No political committee shall during the course of any election year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated political committees, exceed $2,000.00.
21-5-43.1. (a) No political party shall fer ay election during the course of any nonelection year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year exceed $2,600.00 $1,000.00. No political party shall during the course of any election year make contributions to any candidate for statewide elected office which in the aggregate for that calendar year exceed $5,000.00.

MONDAY, MARCH 14, 1994

2397

(b) No political party shall for any election during the course of any nonelection year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year exceed $1,000.00. No political party shall during the course of any election year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year exceed $2,000.00.
(c) The limitations provided for in this Code section shall not include contributions or expenditures made by a political party in support of a party ticket or a group of named candidates.
21-5-44. For purposes of this article, a contribution to a campaign committee of a candidate for any public office shall be deemed to be a contribution to such candidate.
21 6'46. The limitations eft contributions imposed by this article shall apply acpaFfltely witn respect to e&cn election} provided^ nowevei*> tnflt HO contwoution wn&tsoevcr nifty i&e mflde to ft eftftQidflte iop puoiic Oilice tor fin election otner tns.n ft ^cncrcti pn~ msry rt sucn c&ndid&te win no* oe on tne Dfliiot ftt sucn election otrier incur 8c gcncroi

Section 12. Said chapter is further amended by striking subsection (a) of Code Section 21-5-50, relating to financial disclosure statements by officers and candidates, and inserting in its place a new subsection to read as follows:
"(a) (1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar yeart and each . Each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State, net late* than Jaly i m the year i which saeh person qualifies no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.
(2) Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election, set later than Jtjjy 1 i the year i which such pewe qualifies no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.
(3) Each public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, et later than Jyly 1 i the year which such pereen qualifies no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.
(4) The filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter.

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(5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days.
{6) Notwithstanding any ethf provisions of- thw subsection, if; tee to a special election OP oinerwise, t person floes not Qtiftiiiy ds ft ctnQIQdte top election fts t puolic officer until after the first day of- July, such person shall file with the appropriate fit-
date a financial disclosure statement fer the preceding calendar year."
Section 13. Said chapter is further amended by striking subparagraph (D) of paragraph (1) of Code Section 21-5-70, relating to definitions applicable to lobbyist disclosure, and inserting in its place a new subparagraph to read as follows:
"(D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the immediate family of such public officer or public employee; and".
Section 14. Said chapter is further amended by striking paragraph (2) of subsection (f) of Code Section 21-5-71, relating to lobbyist registration and reporting, and inserting in its place a new paragraph to read as follows:
"(2) The commission shall collect the following fees: (A) Annual lobbyist registration filed pursuant to this Code section..........$ 200.00
(B) Lobbyist supplemental registration filed pursuant to this Code section.............................................................................................................. 10.00
(C) Each lobbyist identification card issued pursuant to this Code section.............................................................................................................. 5.00
{B) Each lobbyist report filed pursuant te Gode Section 21 6-73................ 1&66
{E} (D) In addition to other penalties provided under this chapter, a additional a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed."

Section 15. Said chapter is further amended by striking subsection (b) of Code Section 21-5-73, relating to disclosure reports, and inserting in its place the following:
"(b) A monthly disclosure report, current through the end of the preceding month, shall be filed on or before the fifth day of any month while the General Assembly is in session. A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (6) of Code Section 21-5-70 shall: (1) file a disclosure report, current through the end of the preceding month, on or before the fifth day of May, September, and January of each year instead of the reports otherwise required by subsection (c) of this Code section and the first sentence of this subsection; and (2) file such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any expenditures relating to municipal affairs or independent school district affairs."
Section 16. Said chapter is further amended by striking subparagraph (d)(l)(D) of Code Section 21-5-73, relating to disclosure reports, and inserting in its place the following:

MONDAY, MARCH 14, 1994

2399

"(D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the expenditure was made; and".
Section 17. (a) Except as otherwise provided in this section, the provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Sections 15 and 16 of this Act shall become effective only if HB 1298 passed during the 1994 regular session of the General Assembly is approved by the Governor or becomes law without such approval. If HB 1298 so becomes law with or without the Governor's approval, then Sections 15 and 16 of this Act shall become effective on the same date upon which HB 1298 becomes effective. If HB 1298 does not so become effective, then Sections 15 and 16 of this Act shall not take effect.
Section 18. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Groover of the 125th and Chambless of the 163rd move to amend the Committee substitute to SB 657 as follows:
Add after "filed" on line 26 p. 6 -
"except for hearings authorized to be held by the commission."

Representatives Walker of the 141st, Groover of the 125th and Towery of the 30th move to amend the Committee substitute to SB 657 as follows:
By adding after the word "tickets" on line 28, page 3, the following:
"for not more than $25.00 each and".

The following amendment was read:

Representative Smith of the 175th moves to amend the Committee substitute to SB 657 by adding after the semicolon on line 15 of page 1 the following:
"to prohibit campaign contributions by corporations;".
By striking all matter beginning on line 22 of page 12 and ending on line 26 of page 13 and inserting in place thereof the following:
"21-5-42. (a) No corporation shall for tony election make any contributions to any candidate for state-wide any elected office, which i the aggregate, together wrth any contributions te the same candidate for the aamc election by any affiliated corporations, exceed $2,600.00.
{b) Ne corporation shall for any election make contributions to any candidate for the Asscm uiy f puoiic office otftcr trifln stfltc wicrc dccteu oil ice wriicfi m LIIG witii flwy contri outions to tftc some ctinelid&te tor LU
by any affiliated corporations, exceed $1,000.00.
(b) The prohibition established by this Code section shall not apply to a bona fide loan made to a candidate or campaign committee by a state or federally chartered financial institution or a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation i
(1) Such loan is made in the normal course of business with the expectation on the part of all parties that such loan shall be repaid; and

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JOURNAL OF THE HOUSE,

(2) Such loan is based on the credit worthiness of the candidate and the candidate is personally liable for the repayment of the loan."

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 Bostick N Breedlove N Brooks, D N Brooks, T
N Brown NBuck N Buckner
N Bunn N Burkhalter
NByrd
N Campbell Canty
Y 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 Y Crawford N Crews N Culbreth N Cummings N Davis, G N Davis, M N Dickinson
NDix Dixon, H
N Dixon, S N Dobbs Y Ehrhart N Epps N 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 Y Hegstrom
N Hembree N Henson Y 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
Johnston N Jones N Joyce YKaye N Kinnamon N Klein NLadd N Lakly N Lane, D
N Lane, R N Lawrence N Lawson NLee N Lewis
NLord N Lucas Y Maddox
Mann E Martin N McBee
N McClinton N McKinney N Milam N Mills

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

On the adoption of the amendment, the ayes were 20, nays 143. The amendment was lost.

Y Smith, C N Smith, L Y Smith, P N Smith, T N Smith, V N Smith, W
N Smyre N Snow N Stancil, F
N Stancil, S N Stanley, L N Stanley, P N Stephenson
N Streat N Taylor
Teague Y Teper N Thomas N Tillman N Titus N Towery N Trense Y Turnquest N Twiggs
N 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:

Representatives Irvin of the 45th and Porter of the 143rd move to amend the Committee substitute to SB 657 as follows:
On page 3, strike Section 3 in its entirety, and renumber succeeding sections accordingly.

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 Y Barnes N Bates N Benefield
N Birdsong

N Bordeaux Bostick
N Breedlove Y Brooks, D N Brooks, T
Y Brown N Buck N Buckner Y Bunn Y Burkhalter NByrd

Y Campbell Canty
Y Carlisle N Carrell N Carter Y 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 Y Cummings N Davis, G

Y Davis, M Y Dickinson YDix N Dixon, H
N Dixon, S Y Dobbs Y Ehrhart N Epps Y Evans Y Felton N Floyd, J.M

MONDAY, MARCH 14, 1994

2401

N Floyd, J.W N Godbee N Golden
Goodwin
N Greene N Groover
N Hammond N Hanner N Harris, B Y Harris, M NHart N Heard Y Hegstrom Y Hembree N Henson Y Holland N Holmes
N Howard Y Hudson N Hughes N Hugley Y Irvin N James Y Jamieson Y Jenkins

Johnson, D.H N Johnson, E Y Johnson, G Y Johnson, J
Johnston
N Jones Y Joyce YKaye N Kinnamon
Y Klein N Ladd N Lakly N Lane, D N Lane, R Y Lawrence Y Lawson NLee Y Lewis NLord
N Lucas Y Maddox Y Mann E Martin Y McBee N McClinton

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

N Randall N Randolph
N Ray N Reaves N Reichert Y Roberts N Royal Y Scoggins Y Shanahan Y Sherrill N Shipp N Simpson N Sinkfield N Skipper Y Smith, C N Smith, L Y Smith, P
N Smith, T N 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 69, nays 99. The amendment was lost.

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

The following amendment was read:

Representative Poston of the 3rd moves to amend the Committee substitute to SB 657 as follows: Page 11 line 34 change $1,000.00 to $500.00 Page 12 line 3 change $5,000.00 to $2,500.00 Page 12 line 8 change $1,000.00 to $500.00 Page 12 line 12 change $2,000.00 to $1,000.00 Page 12 line 28 change $1,000.00 to $500.00 Page 12 line 34 change $5,000.00 to $2,500.00 Page 13 line 8 change $1,000.00 to $500.00 Page 13 line 14 change $2,000.00 to $1,000.00 Page 13 line 33 change $1,000.00 to $500.00 Page 14 line 5 change $5,000.00 to $2,500.00 Page 14 line 13 change $1,000.00 to $500.00 Page 14 line 20 change $2,000.00 to $1,000.00 Page 14 line 25 change $1,000.00 to $500.00 Page 14 line 29 change $5,000.00 to $2,500.00 Page 15 line 1 change $1,000.00 to $500.00 Page 15 line 5 change $2,000.00 to $1,000.00.

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

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JOURNAL OF THE HOUSE,

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

N Colwell
N Connell NCox N Crawford Y Crews N Culbreth N Cummings N Davis, G N Davis, M N Dickinson 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
Goodwin N Greene N Groover N Hammond N Hanner N Harris, B
N Harris, M N Hart N Heard
Hegstrom N Hembree N Henson N Holland N Holmes

N Howard N Hudson
N Hughes N Hugley N Irvin
N James Y Jamieson N Jenkins
Johnson, D.H N Johnson, E N Johnson, G
N Johnson, J Johnston
N Jones N Joyce
Kaye N Kinnamon N Klein NLadd N Lakly N Lane, D
N Lane, R N Lawrence Y Lawson NLee N Lewis NLord N Lucas Y Maddox N Mann E Martin
Y McBee N McClinton
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 N Pelote N Perry N Pinholster NPoag N Polak Y Porter Y Poston N Powell E Purcell, A N Purcell, B N Randall N Randolph
N Ray N Reaves N Reichert N Roberts N Royal Y Scoggins Y Shanahan
N Sherrill N Shipp
N Simpson N Sinkfield N Skipper

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

On the adoption of the amendment, the ayes were 16, nays 149. The amendment was lost.

The following amendment was read:

Representatives Poston of the 3rd, Porter of the 143rd, Hegstrom of the 66th, Jamieson of the 22nd and Teper of the 61st move to amend the Committee substitute to SB 657 by adding following the word "registrations" on line 8 of page 1 the following:
"; to prohibit a candidate or campaign committee to accept certain contributions in the form of currency, coins, or both".
By adding between lines 16 and 17 of page 3 the following:
"Section 2.5. Said chapter is further amended by adding a new Code section immediately following Code Section 21-5-31, to be designated Code Section 21-5-31.1, to read as follows:
'21-5-31.1. Notwithstanding any other provision of this chapter to the contrary, neither a candidate nor a campaign committee shall accept a contribution of more than $501.00 in the form of currency, coins, or both.'".

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

Y Ashe N Atkins N Bailey
Baker N Bannister
N Barfoot

N Bargeron Y Barnes N Bates N Benefield N Birdsong N Bordeaux

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 Y Cauthorn N Chambless N Chandler

MONDAY, MARCH 14, 1994

2403

N Channell Y Childers N Clark N Coker N Coleman, B N Coleman, T N Colwell N Connell NCox N Crawford Y Crews N Culbreth N Cummings
N Davis, G N Davis, M N Dickinson YDix N Dixon, H N Dixon, S Y 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 Manner N Harris, B N Harris, M
YHart N Heard Y Hegstrom N Hembree N Henson Y Holland Y Holmes N Howard N Hudson
N Hughes N Hugley Y Irvin N James Y Jamieson N Jenkins
Johnson, D.H
Y Johnson, E Y Johnson, G N Johnson, J
Johnston N Jones
Y Joyce Y Kaye N Kinnamon
N Klein

N Ladd N Lakly N Lane, D N Lane, R N Lawrence Y Lawson NLee Y Lewis NLord
N Lucas Y Maddox N Mann E Martin Y McBee N McClinton
McKinney N Milam Y 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
Patten

Y Pelote N Perry N Pinholster YPoag Y Polak Y Porter Y Poston N Powell E Purcell, A
N Purcell, B N Randall
N Randolph NRay N Reaves
Reichert N Roberts N Royal
Y Scoggins Y Shanahan Y Sherrill N Shipp N Simpson N Sinkfield
N Skipper Y Smith, C N Smith, L Y Smith, P N Smith, T N Smith, V Y Smith, W

On the adoption of the amendment, the ayes were 46, nays 120. The amendment was lost.

N Smyre N Snow
N Stancil, F N 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 Y Turnquest N Twiggs N Vaughan N 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 amendments were read and adopted:

Representative Thomas of the 100th moves to amend the Committee substitute to SB 657 by adding on line 28 of page 1 between the word and symbol "lobbyists;" and the word "to" the following:
"to provide for limits on contributions to influence voter approval or rejection of proposed constitutional amendments, state-wide referenda, or proposed questions which are to appear on the ballot in any county or municipal election; to provide for contribution amounts; to provide for applicability with respect to certain persons, partnerships, corporations, political committees, and political parties;".
By inserting between lines 21 and 22 of page 12 the following:
"(d) No person shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed constitutional amendment or state-wide referendum which in aggregate exceed $2,500.00.
(e) No person shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed question which is to appear on the ballot in any county or municip election which in the aggregate exceed $1,000.00."
By inserting between lines 26 and 27 on page 13 the following:
"(_d)__N_o c_o_rp_or_at_io_n s_ha_ll f_or a_n_y _ele_c_tio_n m__ak_e c_o_nt_ri_bu_ti_ons t_o a_n_y erson or campaign committee for the purpose of influencing voter approval or rejection of a proposed constitutional amendment or state-wide referendum which in the aggregate, together with any contributions to the same person or campaign committee for the same election by any affiliated corporations, exceed $2,500.00.
(e) No corporation shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed

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JOURNAL OF THE HOUSE,

question which is to appear on the ballot in any county or municipal election which in the aggregate, together with any contributions to the same person or campaign committee for the same election by any affiliated corporations, exceed $1,000.00."
By inserting between lines 20 and 21 on page 14 the following:
"(c) No political committee shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed constitutional amendment or state-wide referendum which in the aggregate, together with any contributions to the same person or campaign committee for the same election by any affiliated political committees, exceed $2,500.00.
(d) No political committee shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed question which is to appear on the ballot in any county or municipal election which in the aggregate, together with any contributions to the same person or campaign committee for the same election by any affiliated political committees, exceed $1,000.00."
By inserting between lines 9 and 10 on page 15 the following:
"(d) No political party shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed constitutional amendment or state-wide referendum which in the aggregate exceed $2,500.00.
(e) No political party shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed question which is to appear on the ballot in any county or municipal election which in the aggregate exceed $1,000.00."

Representatives Chambless of the 163rd, Cox of the 160th and Crawford of the 129th move to amend the Committee substitute to SB 657 by striking all matter beginning with the comma on line 28 of page 10 and ending with the word "election" on line 32 of page 10.
By adding after the word "regular" on line 4 of page 11 the words "or special".
By adding immediately before the quotation mark on line 20 of page 15 the following:
"If during any calendar year there occur both a special election and a general election for the same public office and if the same person is a candidate for election at both such special election and such general election, then this Code section shall apply. Where this Code section applies, a person, corporation, political committee, or political party may contribute up to the maximum amount otherwise allowable under this article to such person or such person's campaign committee for the purpose of influencing such candidate's election at the special election; and the same person, corporation, political committee, or political party may contribute up to the maximum amount otherwise allowable under this article for the purpose of influencing such candidate's election at the general election. This Code section shall be construed according to the following rules:
(1) It is the general intent of this Code section to allow a person who is a candidate for election at both a special election and a general election in the same calendar year to receive up to but no more than twice the amount of contributions which could otherwise be received from any one donor during the year; and
(2) Seeking nomination at a special primary or general primary shall be considered as seeking election at the ensuing special election or general election for the purpose of determining whether a person is a candidate for election at both the special election and the general election and allowing the application of this Code section; but seeking

MONDAY, MARCH 14, 1994

2405

election at only a single primary and its ensuing election shall not bring this Code sec^ tion into effect."
By striking from lines 3 and 4 of page 16 the following:
"; em4 each. Each",
and inserting in lieu thereof the following:
"; and each".
Representative Stancil of the 16th moves to amend the Committee substitute to SB 657 by by adding after the word "year" on line 1 of page 12 the following:
"after the year 1994".
By adding after the period on line 3 of page 12 the following:
"No person shall during the course of the 1994 election year make contributions to any candidate for state-wide elected office which in the aggregate for that year exceed $7,500.00."
By adding after the word "year" on line 29 of page 12 the following:
"after the year 1994".
By adding after the period on line 34 of page 12 the following:
"No corporation shall during the course of the 1994 election year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated corporations, exceed $7,500.00."
By adding after the word "year" on line 1 of page 14 the following:
"after the year 1994".
By adding after the period on line 5 of page 14 the following:
"No political committee shall during the course of the 1994 election year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated political committees, exceed $7,500.00."
By adding after the word "year" on line 26 of page 14 the following:
"after the year 1994".
By adding after the period on line 29 of page 14 the following:
"No political party shall during the course of the 1994 election year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year exceed $7,500.00."

The Committee substitute, as amended, was adopted.

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

N Ashe Y Atkins Y Bailey

Y Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D

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JOURNAL OF THE HOUSE,

Y Brooks, T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty
Y Carlisle Y Carrell
Y Carter
Y Cauthorn
Y Chambless Y Chandler
Y Channel! Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T
Y Colwell Y Connell YCox
Y Crawford Y Crews Y Culbreth
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
Goodwin Y Greene Y Groover
Y Hammond Y Hanner Y Harris, B Y Harris, M YHart
Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley N 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 Y Lucas N Maddox Y Mann E 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 E 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
N 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 166, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, all remaining Bills and Resolutions on the Rules Calendar were postponed until Wednesday, March 16, 1994.

Pursuant to SR 600, adopted by the House and Senate, the House adjourned until 9:00 o'clock, A.M., Wednesday, March 16, 1994.

WEDNESDAY, MARCH 16, 1994

2407

Representative Hall, Atlanta, Georgia Wednesday, March 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 Reverend Steve Bingham, Pastor, Rock Baptist Church, Rex, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 2056. By Representative Barnes of the 33rd: A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required for such cases to be appealed to the appellate courts, so as to change the provisions relating to appeals in certain domestic relations cases.
Referred to the Committee on Judiciary.
HB 2057. By Representative Benefield of the 96th: A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to repeal the "Georgia Fire Sprinkler Act" containing the authority of the Georgia Safety Fire Commissioner to certify and regulate fire protection sprinkler contractors; to amend Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the licensure of fire protection sprinkler contractors.
Referred to the Committee on Industry.

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JOURNAL OF THE HOUSE,

HB 2058. By Representative Barnes of the 33rd:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians licensed to practice medicine in Georgia, so as to substantially revise the provisions relating to physicians licensed to practice medicine in Georgia.
Referred to the Committee on Health & Ecology.

HB 2059. By Representative Orrock of the 56th:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that interest accruing on security deposits held by a landlord on behalf of a residential tenant shall be paid to the tenant or to a tenant's organization, if any.
Referred to the Committee on Special Judiciary.

HB 2060. By Representative Martin of the 47th:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain conduct based on the status of a person; to provide for definitions; to provide that certain conduct shall be a misdemeanor of a high and aggravated nature and that certain conduct shall be a felony.
Referred to the Committee on Judiciary.

HB 2061. By Representative Martin of the 47th:
A bill to amend Code Section 50-21-23 of the Official Code of Georgia Annotated, relating to limited waiver of sovereign immunity, so as to provide for legislative intent; to provide for certain waivers of sovereign immunity; to provide for liability.
Referred to the Committee on Judiciary.

HB 2062. By Representative Sherrill of the 62nd:
A bill to amend Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to master and servant, so as to provide for notification to newly hired employees of action necessary to apply for coverage under certain group policies of insurance.
Referred to the Committee on Insurance.

HB 2063. By Representatives Davis of the 60th, Mann of the 5th and Twiggs of the 8th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that the prohibitions against the selling of bear parts shall not apply to the parts of bears which have been dead for ten years or longer.
Referred to the Committee on Game, Fish & Parks.

WEDNESDAY, MARCH 16, 1994

2409

HB 2064. By Representatives Chambless of the 163rd, Coleman of the 142nd, Walker of the 141st and Buck of the 135th:
A bill to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide for a uniform daily expense allowance, transportation or mileage allowance, and registration fee reimbursement for certain members of boards, commissions, agencies and similar bodies which receive state funds therefor.
Referred to the Committee on Appropriations.

HR 1174. By Representative Ehrhart of the 36th:
A resolution proposing an amendment to the Constitution so as to provide that the state, its agents, or any of its political subdivisions shall not use race, sex, color, ethnicity, or national origin as a criterion for either discriminating against or granting preferential treatment to any individual or group in the operation of the state's system of public employment, public education, or public contracting.
Referred to the Committee on Special Judiciary.

HR 1175. By Representatives Hammond of the 32nd and Groover of the 125th:
A resolution creating the House Title Insurance Regulation Study Committee.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bill and Resolution of the House were read the second time:
HB 2055 HR 1176

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1066 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

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

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JOURNAL OF THE HOUSE,

SB 584 Do Pass SB 633 Do Pass
SB 641 Do Pass, by Substitute SB 705 Do Pass, as Amended SB 706 Do Pass, as Amended
SB 707 Do Pass, as Amended SB 720 Do Pass

SB 727 Do Pass SB 728 Do Pass SB 730 Do Pass SB 731 Do Pass SB 732 Do Pass SB 733 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 16, 1994
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:
HR 1066 House State Emergency Mgmt Study Committee; create HR 1127 House Competitive Local Telephone Service Study Committee; create
SB 10 Waters & water sys; community economic impact analyses SB 505 Motor vehicles for hire; self-insurers; cash deposit SB 570 Counties/municipalities; federal community devel block grants SB 642 Professional counselors; licensing; amend provisions SB 644 Ed; cert of personnel by Professional Stds Comm; exception SB 648 Family Caregiver Support Act; enact SB 669 Propane dealers; utility contractors regulations; exemption SB 711 Lottery proceeds; scholarship shortfall reserve subaccount
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /a/ Lee of the 94th
Chairman

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

SB 633. By Senator Madden of the 47th:
A bill to provide a new charter for the City of Canon; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority 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.

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

WEDNESDAY, MARCH 16, 1994

2411

SB 641. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to create the Chatham County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings.

The following Committee substitute was read and adopted:

A BILL
To create the Chatham County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, to acquire parking facilities and parking areas in connection therewith, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the authority, the determination of which shall be in the sole discretion of the Board of Commissioners of Chatham County; to provide for the membership and for the appointment of members of the authority; to authorize the authority to contract with others pertaining to such recreational facilities, to execute leases of such facilities, to convey title to real property of the authority in fee simple, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority and other political subdivisions to enter into contracts pertaining to uses of such facilities and areas, which contracts and leases shall obligate the lessees to make payment for the use of such areas and facilities for the term thereof and to pledge to that purpose revenues derived from taxation; to provide that no debt of Chatham County or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; to authorize the issuance of revenue bonds or obligations of the authority; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to secure the payment thereof; to define the rights of the holders of such bonds or obligations; to make the property of the authority exempt from taxation and assessment; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for conveyance of property upon dissolution; to provide for severability; to create the Georgia International and Maritime Trade Center Authority and to authorize such authority to acquire, construct, equip, maintain, and operate projects or undertakings embracing buildings and facilities to be used for trade shows, for marketing import and export trade and other trade activities and conferences in connection therewith, and for conferences, amusement, or educational purposes, fairs, expositions, exhibitions, or marketing in connection therewith; to declare purposes and provide for the powers of the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to its undertakings, to execute leases or other contracts, to convey title to real property, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority to enter into leases or other contracts with the State of Georgia or any of its authorities, departments, or agencies; to authorize the authority and other political subdivisions of the state, including specifically Chatham County and the mayor

2412

JOURNAL OF THE HOUSE,

and aldermen of the City of Savannah, to enter into leases or other contracts pertaining to uses of such projects or undertakings; to make the property of the authority exempt from taxation and assessment; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide for construction; to provide for conveyance of property upon dissolution; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. This Act shall be known and may be cited as the "Chatham County Recreation Authority Act."
Section 2. (a) There is created a body corporate and politic to be known as the Chatham County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation. By that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in a courts of law and equity. The authority shall not be a state institution nor a department or agency of the state, but shall be an instrumentality of the state, a mere creation of the state, having a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority shall have its principal office in Savannah, Georgia, and its legal situs or residence for the purposes of this Act shall be Chatham County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act.
(b) The authority shall consist of seven members who shall be residents of Chatham County and who shall be appointed by the Board of Commissioners of Chatham County. The Board of Commissioners of Chatham County shall initially appoint three members for terms of two years each and four for terms of four years each. After expiration of the initial terms, the terms of all members shall be four years.
(c) Members of the Board of Commissioners of Chatham County may be appointed to serve as members of the authority. However, the term of office of any such member on the authority shall only run concurrent with the member's service on the board of commissioners. No more than three members of the Board of Commissioners of Chatham County may serve as members of the authority at the same time.
(d) The members of the authority shall enter upon their duties immediately upon the next scheduled meeting.
(e) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term.
(f) The authority shall elect one of its members as chairperson and another member as vice chairperson. The clerk of the Board of Commissioners of Chatham County shall be the secretary and treasurer. Said clerk shall not be a member of the authority.
(g) The county attorney shall be the attorney for the authority and serve as its counsel in all matters.
(h) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority.
(i) The authority shall make rules and regulations for its own government. It shall have perpetual existence.
(j) Any member of the authority may be removed from office by the governing authority which appointed such member for failure to perform his or her duties as a member of the authority. Such failure shall include without limitation absence from three consecutive meetings of the authority, unless excused by reasonable grounds as determined by a majority of the authority. Any office so vacated shall be filled within 60 days by appointment by the Board of Commissioners of Chatham County. The new appointee shall serve the remainder of the unexpired term to which he or she is appointed.

WEDNESDAY, MARCH 16, 1994

2413

Section 3. As used in this Act, the term: (1) "Authority" shall mean the Chatham County Recreation Authority created in
Section 2 of this Act. (2) "Cost of the project" shall embrace the cost of acquisition and construction;
the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment and financing charges and interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; the acquisition and construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(3) "Project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of athletic and recreation centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable.
(4) "Revenue bonds," "bonds," and "obligations," means revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall mean. obligations of the authority the issuance of which are specifically provided for in this Act. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including the anticipated revenues and earnings from the lease of any project, and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of acquiring, operating, maintaining and repairing improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
Section 4. (a) The authority shall have powers: (1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority. If the authority shall deem it expedient to construct any property on any lands the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands or upon the receipt of such lawful

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JOURNAL OF THE HOUSE,

consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall then be in the name of the Board of Commissioners of Chatham County or any municipality incorporated in said county, the governing authority or body of said county or any of said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyances or upon payment for the credit of the general funds of said county or municipalities of the reasonable value of such lands, such value to be determined by mutual consent of said county or municipality and the authority or by an appraiser to be agreed upon by the governing authority or body of said county or municipality and the chairperson of the authority;
(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensation;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the acquisition and construction of projects and leases
of projects or contracts with respect to the use of projects which it causes to be erected or acquired, including contracts for acquiring, constructing, renting, and leas-
ing of its projects for use of Chatham County or any municipality in Chatham County, and to dispose by conveyance of its title in fee simple of real and personal property
of every kind and character, and any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of
the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limit-
ing the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and
sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any
property which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or
any agency or department thereof and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to
any persons, firms, corporations, municipalities, the State of Georgia or the United States government, or any agency or department thereof, subject to the rights and
interest of the holders of any of the bonds or obligations authorized to be issued pursuant to this Act, and by the resolution or trust indenture of the authority authorizing
the issuance of any of its bonds or obligations as provided in this Act; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend,
improve, equip, operate, and manage projects as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or
other funds of the authority or from such proceeds or other funds and any grant from the United States of America and any agency or instrumentality thereof;
(7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumen-
tality or political subdivision may impose; (9) To borrow money for any of its corporate purposes and to execute evidences
of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state;
(11) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure

WEDNESDAY, MARCH 16, 1994

2415

the same by assigning all rights to and pledging all funds to be received by the authority from a lease or leases entered into by the authority as the lessor and Chatham County or a municipality within it as the lessee;
(12) To do all things necessary or convenient to carry out the powers expressly given in this Act; and
(13) To make recommendations to the Board of Commissioners of Chatham County on land acquisition, facilities development, and other matters relating to the provision of recreation and recreational opportunities to the citizens of Chatham County and the municipalities within it. (b) The authority and the trustee acting under a trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created.
Section 5. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for in this Act for such payment. The bonds of each issue shall be dated and shall bear interest at such rate or rates as determined by the authority, payable on such dates as determined by the authority. Principal on such bonds shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.
Section 6. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and said bonds and the income thereof shall be exempt from all taxation within the state.
Section 7. The authority may sell such bonds in such manner and for such prices as it may determine to be for the best interest of the authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
Section 8. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act and Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members, subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., governing open and public meetings. Before the vote to issue any revenue bonds, the authority must advertise not less than 30 days immediately preceding the day of the election in the Savannah Morning News and Savannah Evening Press at least once per week for three consecutive weeks the intent to vote on these bonds. The advertisements shall be a minimum of one-eighth of a page in size and shall list all details of the proposed revenue bond issue, including the date, time, and place when the authority will vote on the issue.
Section 9. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or of Chatham County, or a pledge

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of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof, including specifically said county, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. However, Chatham County and any other political subdivision contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source; and, the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section V, Paragraph I of the Constitution of the State of Georgia. When such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation. Without limiting the obligations of any political subdivision contracting with the authority in accordance with this Act, it shall be required that prior to entering into any such contract, the authority or the political subdivision with whom such contract will be executed shall prepare or cause to be prepared a feasibility study including a projection of revenues for the project which is the subject of such contract. The political subdivision entering into a contract with the authority shall, prior to entering into the contract, properly advertise their intention and call at least one public hearing on the subject not less than three weeks prior to the date on which the political subdivision plans to vote to approve the signing of the contract.
Section 10. The revenues, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds. Such funds so pledged from whatever source received, which may include funds received from one or more or all sources, may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of: (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase. The use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.
Section 11. The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use the authority.
Section 12. The property of the authority shall not be subject to levy and sale under legal process.

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Section 13. Any action to protect or enforce any rights under the provisions of the Act or any suit or action against such authority shall be brought in the Superior Court of the Eastern Judicial Circuit, Chatham County, Savannah, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 14. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law". The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terras and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as part of the basis of the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the authority.
Section 15. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and upon the issuance of bonds under the provisions of this Act shall constitute a contract with the holders of such bonds.
Section 16. All funds received pursuant to the authority of this Act, whether as proceeds from sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act, and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority.
Section 17. This Act and any other law enacted with reference to the Chatham County Recreation Authority shall be liberally construed for the accomplishment of its purposes.
Section 18. Should any sentence, clause, phrase, or part of the Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
Section 19. The scope of the authority's operation shall be limited to the territory embraced within Chatham County.
Section 20. Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred under the provisions of this Act, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to Chatham County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions

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which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.
Part 2
Section 1. Short title. This Act shall be known and may be cited as the "Georgia International and Maritime Trade Center Authority Act."
Section 2. Declaration of purpose. It is declared that there exits in the City of Savannah and Chatham County, the coastal area of the state, and the state, a need for a public authority to operate the Georgia International and Maritime Trade Center project for the purpose of developing and promoting for the public good, the growth of the state's import and export market? through its ports and other transportation modes and to facilitate economic growth, public welfare, education, and recreation for the people of the state, and without limiting the powers granted to the authority by this Act, the creation of the authority shall be and is declared to be for public and governmental purposes, that is, for the promotion of the public general welfare in matters of economic growth, import and export, public welfare, education, and recreation, and in an effort to better the general condition of the people of the City of Savannah, Chatham County, the coastal area of Georgia, and the state.
Section 3. Creation of the authority; members, (a) There is created a body corporate and politic to be known as the Georgia International and Maritime Trade Center Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The authority shall not be a state institution nor a department or agency of the state, but shall be an instrumentality of the state, a mere creation of the state, having a distinct corporate entity. The authority shall have its principal office in Chatham County, and its legal situs or residence for the purposes of this Act shall be Chatham County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act.
(b) The authority shall consist of 14 members, five of whom shall be appointed by the Board of Commissioners of Chatham County, five of whom shall be appointed by the Mayor and Aldermen of the City of Savannah, and four of whom shall be appointed by the majority vote of the members of the Chatham County delegation of the Georgia General Assembly. Of the five members appointed by the Board of Commissioners of Chatham County, one shall be the chairperson, one shall be a commissioner who does not reside in the City of Savannah, and at least one shall reside in a municipality other than the City of Savannah, each of whom shall serve ex officio and shall have a vote. Of the five members appointed by the Mayor and Aldermen of the City of Savannah, one shall be the mayor and one shall be an alderman, each of whom shall serve ex officio and shall have a vote. Of the four members appointed by the Chatham County delegation of the Georgia General Assembly, one shall be the President of the Savannah Area Convention and Visitors' Bureau, who shall serve ex officio and shall have a vote. The terms of office of all members except ex officio members shall be four years, except that, of the three appointed by the Board of Commissioners of Chatham County, one shall be for one year, one shall be for two years, and one shall be for three years; and of the three appointed by the mayor and aldermen, one shall be for one years, one shall be for two years, and one shall be for three years. After expiration of the initial terms, the terms of all members except the ex officio members shall be for four years and except that the appointment of any person selected to fill an unexpired term shall be only for the remainder of such term.
(c) Vacancies on the authority by reason of expiration of term or otherwise shall be filled by the body that appointed the member vacating the position.
(d) The members of the authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. The authority shall have perpetual existence.

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(e) The authority shall elect one of its members as chairperson and another as vice chairperson, and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not, be a member of the authority.
(f) Seven members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at every meeting, and in every instance a majority vote shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds.
(g) A member other than an ex officio member may be removed from office by the governing body which appointed such member for failure to perform his or her duties as a member of the authority. Such failure shall include without limitation the failure to attend a majority of the regularly scheduled meetings of the authority in any calendar year. Any office so vacated shall be filled by the governing body which appointed such former member. The new appointee shall serve the remainder of the unexpired term to which he or she is appointed.
(h) The members shall not be entitled to compensation for their services, but shall be entitled to and shall be reimbursed for their actual expenses properly incurred in the performance of their duties. Each member of the authority shall hold office until his or her successor shall have been appointed and qualified. The authority may make bylaws, rules, and regulations for its governance. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings and of all income and receipts of every nature and all expenditures of every kind and shall provide for an annual independent audit of income and expenditures.
(i) The authority shall prepare and submit to the Board of Commissioners of Chatham County, the Mayor and Aldermen of the City of Savannah, and the Chatham County delegation of the Georgia General Assembly an annual report at the end of each fiscal year or calendar year of the authority outlining the work of the authority and furnishing to each such body a copy of its most recent annual independent audit of income and expenditure.
Section 4. Definitions. As used in this Act, the term: (1) "Authority" means the Georgia International and Maritime Trade Center
Authority created in Section 3 of this Act. (2) "Project" or "undertaking" shall be deemed to mean and include buildings and
facilities to be used for trade shows, conferences, amusements, or educational purposes and for fairs, expositions, exhibitions, or marketing in connection therewith, together with all other undertakings which may be acquired, constructed, equipped, maintained, or operated by public authorities.
Section 5. Powers. The authority is authorized: (1) To have a seal and alter the seal at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of
real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in
such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same or to dispose of the same in any manner it deems to the best advantage of the authority; and, if the authority shall deem it expedient to construct any property on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands or upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall then be in the Board of Commissioners of Chatham County,

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the mayor and aldermen of the City of Savannah, or any other municipality incorporated in said county, the governing authority or body of said county or any of the said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyance or upon payment for the credit of the general funds of said county or municipality of the reasonable value of such lands, such value to be determined by the mutual consent of said county or municipality and the authority or by an appraiser to be agreed upon by the governing authority or body of said county or municipality and the chairperson of the authority;
(4) To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract for professional or other services and to allow suitable compensation for such personnel and services;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the acquisition and constructions of projects and leases of projects or contracts with respect to the use and management of projects which it causes to be erected or acquired, including contracts for acquiring, constructing, renting, managing, and leasing of its projects for use of the State of Georgia or any of its departments, agencies, or authorities, the Board of Commissioners of Chatham County, or the mayor and aldermen of the City of Savannah, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof and relative to any property which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof, and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, political subdivisions, the State of Georgia, or the United States government, or any agency or department thereof;
(6) To acquire, construct, erect, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, the cost of any such project to be paid in whole or in part from the funds of the authority or funds from Chatham County or the City of Savannah and any grant from the State of Georgia, its departments, agencies, or authorities, or the United States or any agency or instrumentality thereof;
(7) To accept grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may impose;
(8) To accept grants of money or materials or property of any kind from the State of Georgia or any department, agency, authority, or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such department, agency, authority, or instrumentality or political subdivision thereof may impose;
(9) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity;
(10) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state;
(11) From time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created;

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(12) To advise the State of Georgia, its departments, agencies, or authorities, Chatham County, and the mayor and aldermen of the City of Savannah on land acquisition, facilities development, and other matters relating to the provision of convention and trade opportunities for the coastal region of the state;
(13) To procure insurance against any loss in connection with property and other assets of the authority;
(14) To exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance to insure or indemnify members of the authority and its officers and employees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability;
(15) To make contracts and to execute all instruments necessary or convenient in connection therewith;
(16) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business;
(17) To the extent that a contract between the authority and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the authority; and
(18) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 6. Exemption from taxation. The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.
Section 7. Property not subject to levy and sale. The property of the authority shall not be subject to levy and sale under legal process.
Section 8. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of the Eastern Judicial Circuit, Chatham County, Georgia.
Section 9. Trust funds. All funds received pursuant to the authority of this Act, whether as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act.
Section 10. Construction. This Act and any other law enacted with reference to the Georgia International and Maritime Trade Center Authority shall be liberally construed for the accomplishment of its purposes.
Section 11. Conveyance of property upon dissolution. Should the authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the Mayor and Aldermen of the City of Savannah and to Chatham County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.

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Section 12. Effect of partial invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provisions of this Act independently of any other provision of this Act.
Part 3
Section 1. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 2. Repealer. All laws and parts of laws in conflict with this Act are repealed.

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

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 authority for this Act.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend SB 705 by striking line 6 of page 1 and inserting the following:
"provide for the authority for this Act; to provide for a referendum and for automatic repeal; to repeal".
By striking line 16 of page 1 and inserting the following:
"1998 and every four years thereafter, the chief magistrate".
By striking lines 29 and 30 of page 2 and inserting the following:
"Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Appling County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Appling County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the 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 Appling County. The ballot shall have written or printed thereon the words:
YES Shall the Act be approved which provides for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Appling
( ) NO County?'
All persons desiring to vote for approval of the Act shall vote 'Yes,' and those persons desiring to vote for rejection of the Act shall vote 'No.' If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections 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.

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The expense of such election shall be borne by Appling County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
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, as amended, was agreed to.

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.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend SB 706 by striking line 5 of page 1 and inserting the following:

"election of the members of such board; to provide for a referendum and for automatic repeal; to repeal conflicting".

By striking lines 25 and 26 of page 1 and inserting the following:

"Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Appling County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Appling County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the 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 Appling County. The ballot shall have written or printed thereon the words:

'( ) YES ( ) NO

Shall the Act be approved which provides for the nonpartisan nomination and election of the members of the Board of Education of Appling County?'

All persons desiring to vote for approval of the Act shall vote 'Yes,' and those persons desiring to vote for rejection of the Act shall vote 'No.' If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections 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 Appling County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are repealed."

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

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.

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The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend SB 707 by striking line 6 of page 1 and inserting the following:
"authority for this Act; to provide for a referendum and for automatic repeal; to repeal conflicting laws; and for".
By striking line 16 of page 1 and inserting the following:
"1998 and every four years thereafter, the judge of the".
By striking lines 28 and 29 of page 2 and inserting the following:
"Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Appling County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Appling County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the 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 Appling County. The ballot shall have written or printed thereon the words:
'( ) YES Shall the Act be approved which provides for the nonpartisan nomination ( ) NO and election of the judge of the Probate Court of Appling County?'
All persons desiring to vote for approval of the Act shall vote 'Yes,' and those persons desiring to vote for rejection of the Act shall vote 'No.' If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections 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 Appling County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
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, as amended, was agreed to.

SB 720. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act changing the method of electing members of the board of education of Wayne County so as to provide for compensation for the members of the board; to provide for expenses and accounts.

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

SB 727. By Senators Day of the 48th, Newbill of the 56th, Balfour of the 9th, Burton of the 5th and Tysinger of the 41st:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, as amended, so as to change the description of the education districts of the board; to provide for continuation in office; to provide for federally required submissions; to provide for effective dates.

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2425

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

SB 728. By Senators Day of the 48th, Newbill of the 56th, Balfour of the 9th, Burton of the 5th and Tysinger of the 41st:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to change the description of the commissioner districts; to provide for terms; to provide federally required submissions; to provide for effective dates.

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

SB 730. By Senators Clay of the 37th, Isakson of the 21st and Thompson of the 33rd:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.

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

SB 731. By Senators Isakson of the 21st, Clay of the 37th and Thompson of the 33rd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, as amended, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 732. By Senators Thompson of the 33rd, Clay of the 37th and Isakson of the 21st:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 733. By Senator Perdue of the 18th:
A bill to reconstitute the Board of Education of Houston County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions; to provide for successors; to provide for terms; to provide for vacancies; to provide for related matters; to provide for submission.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2426

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

Y Ashe Y Atkins Y Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron 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 Carlisle Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler
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 Davis, M Y Dickinson Y 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 Godbec Y Golden
Goodwin
Y Greene Groover
Y Hammond Manner
Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom
Y Hembree Y Henson
Y Holland Holmes

Y Howard
Y Hudson Y Hughes Y Hugley Y Irvin
Y James Jamieson Jenkins Johnson, D.H
Y Johnson, E Johnson, G
Y Johnson,J 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 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
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
Roberts Y Royal Y 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 Y Smyre Y Snow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor
Teague Y Teper
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 Y Yeargin
Murphy, Spkr

On the passage of the Bills, the ayes were 146, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

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

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.

WEDNESDAY, MARCH 16, 1994

2427

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 government of Columbus, so as to provide for the nonpartisan election of the mayor and council members.

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 convenient facilities appertaining to such undertaking.

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 valorem 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.

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 provisions relating to certification and appointment upon occurrence of a vacancy; to change the provisions relating to demotions.

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 information from municipal employees concerning fraud, waste, and abuse in or relating to any municipal programs or operations.

HB 2012. By Representative Barfoot of the 155th: A bill to provide a new charter for the City of Vidalia in Toombs County.

HB 2013. By Representatives Carrell of the 87th and Johnson of the 84th: A bill to create the Walton County Commission on Children and Youth.

HB 2023. By Representative Twiggs of the 8th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to repeal the provisions relating to purchases by the board of commissioners.

HB 2025.

By Representative Smith of the 109th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the reference to city administrator to city manager; to delete the provisions providing for a director of utilities and public works; to provide for supervisors.

2428

JOURNAL OF THE HOUSE,

HB 2026.

By Representative Breedlove of the 85th:
A bill to provide a homestead exemption from all City of Sugar Hill ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value of the homestead for residents of the City of Sugar Hill who are 65 years of age or over.

HB 2027.

By Representatives Walker of the 141st, Ray of the 128th and Watson of the 139th:
A bill to amend an Act creating the Perry-Fort Valley Airport Authority, so as to change the composition of the authority; to change the political subdivisions of the state represented on the authority; to change the name of the authority.

HB 2029. By Representative Smith of the 102nd:
A bill to amend an Act creating the Board of Commissioners of Harris County, so as to change the commissioner districts in said county.

HB 2030. By Representative Crawford of the 129th:
A bill to amend an Act providing a new charter for the City of Molena, so as to provide for two-year terms for the mayor and councilmembers.

HB 2032.

By Representatives Watson of the 139th, Floyd of the 138th, Ray of the 128th and Walker of the 141st:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the corporate limits of said city.

HB 2033. By Representative Hughes of the 19th:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner.

HB 2034.

By Representatives Polak of the 67th, Mobley of the 69th, Sherrill of the 62nd, O'Neal of the 75th, Randolph of the 72nd and others:
A bill to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, so as to increase such homestead exemption to $8,000.00 for certain residents of said city who are 62 years of age or over.

HB 2035.

By Representative Parrish of the 144th:
A bill to amend an Act providing for the election of the members of the Treutlen County Board of Education, so as to provide for the compensation of the members of the board.

HB 2036. By Representative Powell of the 23rd: A bill to create the Hart County Industrial Development Authority.

HB 2037.

By Representative Smith of the 169th:
A bill to amend an Act providing for the election of the board of education of Bacon County, so as to change the provisions relating to the compensation and benefits of the chairperson and members of the board.

WEDNESDAY, MARCH 16, 1994

2429

HB 2039.

By Representatives Ray of the 128th and James of the 140th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said board of commissioners.

HB 2043. By Representatives Carlisle of the 107th and Yates of the 106th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Spalding County.

HB 2044. By Representatives Carlisle of the 107th and Yates of the 106th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Spalding County.

HB 2045. By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to provide for a homestead exemption from Spalding County ad valorem taxes for county purposes for certain residents of that county.

HB 2046.

By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to provide for a homestead exemption from hb County School District ad valorem taxes for school purposes for certain residents of that school district.

The Senate has adopted the report of the Committee of Conference on the following Bill of the Senate:

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 provide a statement of legislative intent.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

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 felonies shall serve minimum terms of imprisonment which shall not be suspended, 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.

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 program; to provide for legislative findings, declarations, and intent; to provide for definitions; to provide for powers, duties, and authority of local officials with respect to such property tax amnesty program; to provide an effective date.

2430

JOURNAL OF THE HOUSE,

The Senate has agreed to the House substitutes to the following Resolutions of the Senate:

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.

SR 522. By Senators Isakson of the 21st, Ragan of the 32nd, Clay of the 37th and Thompson of the 33rd:
A resolution designating the Walter Kelly, Jr., Bridge.

The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House:

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 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.

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

HB 1103.

By Representative Childers of the 13th:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan funds, so as to provide for such loans for persons to obtain degrees to practice as registered professional nurses for the Department of Human Resources or county boards of health.

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 Annotated, 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.

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 completing a defensive driving course or alcohol or drug program, so as to authorize the Department of Human Resources to require surety bonds of DUI alcohol or drug use risk reduction programs.

WEDNESDAY, MARCH 16, 1994

2431

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 Annotated, 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.

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.

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.

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 connection with National Guard activities without first having declared an emergency.

HB 1667.

By Representative Randall of the 127th:
A bill to amend Code Section 15-16-5 of the Official Code of Georgia Annotated, relating to sheriffs' required bonds, so as to provide that bonds be conditioned on the faithful accounting for all public and other funds or property coming into the sheriffs' or deputies' custody, control, care, or possession.

HB 1783.

By Representative Benefield of the 96th:
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 carrier.

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.

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.

2432

JOURNAL OF THE HOUSE,

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

HR 664. By Representatives Davis of the 48th and Stanley of the 50th: A resolution creating the Joint Regional Hospital Study Committee.

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 practice and procedure, and selection, qualifications, terms, and discipline of judges within a class of courts.

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 erecting a monument in honor of Georgia's World War II veterans.

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.

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.

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.

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

HB 1078.

By Representative Jenkins of the 110th:
A bill to reconstitute the Board of Education of Jasper County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

HB 2021.

By Representative Tillman of the 173rd:
A bill to amend an Act creating the Board of Commissioners of Mclntosh County, so as to provide for four-year terms of office for members of the board of commissioners.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

WEDNESDAY, MARCH 16, 1994

2433

SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

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 Annotated, relating to the office of the Governor, so as to provide for decentralization of state government; to provide for evaluations; to provide that the Office of Planning and Budget shall effectuate the purposes of decentralization of state government.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Gillis of the 20th, Ray of the 19th and Marable of the 52nd.

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

HB 533. By Representatives Stanley of the 50th, Davis of the 48th, Martin of the 47th, Randall of the 127th and Stanley of the 49th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and morals, so as to provide penalties for contributing to the delinquency of a minor by soliciting, coercing, intimidating, or conspiring with a minor to commit a violent crime.

The Senate insists on its amendments to the following Bills of the House:

HB 282. By Representatives Twiggs of the 8th and Colwell of the 7th:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share of funding under the "Quality Basic Education Act," so as to change the provisions relating to the limitation on local fair share funds.

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

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

2434

JOURNAL OF THE HOUSE,

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.

The following Senate amendment was read:

Amend HB 1847 by striking lines 11 through 14 of page 1 and inserting in lieu thereof the following:
"requirements; to provide for the transmitting of copies of ordinances; to provide for and revise exemptions from the ad valorem taxation of certain property; to authorize the postponement of the effective date for the creation of a zone; to revise filing requirements for exemptions; to provide for other matters relative to the foregoing; to provide for editorial revision; to provide for applicability with regard to existing exemptions; to repeal".
By adding between lines 18 and 19 page 11 the following:
"(C) Exemptions from ad valorem taxation of real property within a zone under this Act may not be granted for the taxable value of improvements which are used for the primary purpose of the processing or handling of hazardous or medical waste not generated on the site where the improvement is located."
By adding between lines 13 and 14 of page 14 a new Section 10 to read as follows:
"Section 10. Any exemptions granted by the 'Atlanta Urban Enterprise Zone Act' prior to the effective date of this amendatory Act shall not be affected by the provisions of this amendatory Act and shall continue as provided by law in existence prior to the effective date of this amendatory Act."
By redesignating Section 10 as Section 11 on line 14 of page 14.

Representative Martin of the 47th moved that the House agree to the Senate amendment to HB 1847.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 1177.

By Representatives Parrish of the 144th, Coleman of the 142nd, Buck of the 135th, Walker of the 141st, Johnson of the 84th and others:
A resolution commending the Georgia Hi Tech Alliance.

HR 1178.

By Representatives Cummings of the 27th, Murphy of the 18th, Smith of the 12th, Childers of the 13th, Connell of the 115th and others:
A resolution expressing regret at the passing of Mr. John W. Adams.

HR 1179. By Representative Cummings of the 27th: A resolution expressing regret at the passing of Mr. Bobby Joe Cole.

WEDNESDAY, MARCH 16, 1994

2435

HR 1180.

By Representatives Golden of the 177th, Reaves of the 178th, Patten of the 176th, Pinholster of the 15th and O'Neal of the 75th:
A resolution commending the coach and players of the Valdosta High School Wildcats basketball team for advancing to the final four of the AAAA state championship series.

HR 1181. By Representative Wall of the 82nd:
A resolution commending Honorable Ben Jessup, Doorkeeper, and the Assistant Doorkeepers of the House of Representatives.

HR 1182.

By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th:
A resolution commending the Sequoyah High School Lady Chiefs basketball team.

HR 1183. By Representative Martin of the 47th: A resolution commending Martha Curtis.

HR 1184. By Representative Stancil of the 91st: A resolution recognizing and commending Robert Aultman.

HR 1185. By Representatives Sherrill of the 62nd, Godbee of the 145th and Lane of the 146th:
A resolution commending the Alpha Lambda Chapter of Alpha Omicron Pi.

HR 1186. By Representatives White of the 161st and Roberts of the 162nd: A resolution commending Ms. Verdell Flood Wilson.

HR 1187. By Representative Holland of the 157th:
A resolution commending Floyd Nelson on the occasion of his outstanding accomplishments in farming.

HR 1188. By Representative Holland of the 157th:
A resolution commending John Wesley Dye on the occasion of his retirement from the field of education.

HR 1189. By Representative Holland of the 157th:
A resolution congratulating and commending KATIE ELIZABETH HOLLAND on the occasion of her birth.

HR 1190. By Representatives Holland of the 157th, Roberts of the 162nd, White of the 161st and Chambless of the 163rd:
A resolution recognizing the historical and cultural significance of the MOUNT ZION BAPTIST CHURCH BUILDING of Albany, Georgia.

HR 1191. By Representative Mobley of the 86th:
A resolution commending Mr. Myron J. Skinner and wishing him a happy retirement.

2436

JOURNAL OF THE HOUSE,

HR 1192.

By Representatives Colwell of the 7th, Murphy of the 18th, Lee of the 94th, Twiggs of the 8th, Jamieson of the 22nd and others:
A resolution commending the Union County High School Lady Panthers basketball team.

HR 1193.

By Representative Holland of the 157th:
A resolution commending THE FAMILY WELLNESS CENTER, GLENN PARKMAN, MONA BETH PARKMAN AND THE VOLUNTEERS OF THE FAMILY WELLNESS CENTER for their roles in uplifting the lives of the children and families of Worth County, Georgia.

HR 1194. By Representative Holland of the 157th:
A resolution commending Warren Hamilton Taylor on the occasion of his 90th birthday.

HR 1195. By Representative Teper of the 61st: A resolution commending Sherry Z. Frank.

HR 1196. By Representative Martin of the 47th: A resolution commending Kenneth M. Gregor.

HR 1197. By Representative Martin of the 47th: A resolution commending the Nastopoulos Brothers.

HR 1198. By Representative Hembree of the 98th: A resolution commending Sheriff Tommy Waldrop.

HR 1199.

By Representatives Canty of the 52nd, McKinney of the 51st, Smyre of the 136th, Brooks of the 54th, Holmes of the 53rd and others:
A resolution recognizing and commending Nelson McGee, Jr., M.D., Ph.D., FACOG, FACS.

HR 1200. By Representatives Canty of the 52nd, McKinney of the 51st, Brooks of the 54th and Holmes of the 53rd:
A resolution commending Ronald E. Brown.

HR 1201. By Representatives Holmes of the 53rd, McKinney of the 51st, Stanley of the 50th, White of the 161st, Canty of the 52nd and others:
A resolution commending Dr. Thomas W. Cole, Jr.

HR 1202. By Representatives Canty of the 52nd, McKinney of the 51st, Brooks of the 54th, Holmes of the 53rd and Turnquest of the 73rd:
A resolution commending Helen Carithers.

HR 1203. By Representatives Mueller of the 152nd, Trense of the 44th, Moore of the 113th, Stancil of the 16th, Smith of the 174th and others:
A resolution commending Ms. Kathie Miller.

WEDNESDAY, MARCH 16, 1994

2437

HR 1204. By Representatives Epps of the 131st and Skipper of the 137th:
A resolution commending Mr. Jack P. Buchanan, ST., and wishing him well in his retirement.

HR 1205. By Representatives Sherrill of the 62nd, McBee of the 88th, Taylor of the 134th and Hugley of the 133rd:
A resolution commemorating the passing of Nancy Fowler Treadway.

HR 1206. By Representative Pelote of the 149th: A resolution commending Reverend John Quincy Adams.

HR 1207. By Representatives Brooks of the 54th, Canty of the 52nd, Stanley of the 50th, McClinton of the 68th, Mobley of the 69th and others:
A resolution expressing regret at the passing of the Reverend Fred C. Bennette, Jr.

HR 1208.

By Representatives Smith of the 169th, Streat of the 167th, Byrd of the 170th, Mosley of the 171st, Dixon of the 168th and others:
A resolution recognizing "Georgia Blueberry Week"; inviting Mr. Georgia Rabbit Eye Blueberry to appear before the House of Representatives.

HR 1209. By Representatives McKinney of the 51st, Stanley of the 49th, Stanley of the 50th, McClinton of the 68th, Baker of the 70th and others:
A resolution requesting that the Georgia Public Health Laboratory remain in the City of Atlanta.

HR 1210. By Representatives McKinney of the 51st, Stanley of the 50th, Stanley of the 49th, Baker of the 70th, Turnquest of the 73rd and others:
A resolution commending Milton Campbell.

HR 1211. By Representatives Coker of the 31st, Atkins of the 29th, Cauthorn of the 35th and Towery of the 30th:
A resolution congratulating Gene V. Coker on his birthday.

HR 1212. By Representative Lawson of the 20th:
A resolution commending and recognizing the 1993 Gainesville High School girls basketball team.

HR 1213.

By Representative Kinnamon of the 4th:
A resolution commending and congratulating the Northwest Whitfield High School Mock Trial team and inviting them to appear before the House of Representatives.

2438

JOURNAL OF THE HOUSE,

HR 1214.

By Representative Powell of the 23rd:
A resolution recognizing and commending the Hart County High School Lady Bulldogs basketball team.

HR 1215. By Representative Mobley of the 86th: A resolution commending the Winder-Barrow High School Lady Bulldoggs.

HR 1216. By Representatives Powell of the 23rd and Murphy of the 18th: A resolution honoring Archie Thomas Mauldin.

HR 1217. By Representatives Byrd of the 170th and Mosley of the 171st:
A resolution congratulating Mrs. Alene Strickland Clanton Kendrick on her 76th birthday.

HR 1218. By Representatives Byrd of the 170th and Mosley of the 171st: A resolution commending the Jeff Davis County Midget Boys baseball team.

HR 1219. By Representatives Byrd of the 170th and Mosley of the 171st: A resolution commending Richard Wooten.

HR 1220. By Representatives Johnson of the 148th, Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th and others:
A resolution commending Robert McAlister.

HR 1221.

By Representatives Johnson of the 148th, Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th and others:
A resolution commending Mrs. Rosemary McBride Banks.

HR 1222.

By Representatives Johnson of the 148th, Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th and others:
A resolution commending Swannie Richards.

HR 1223. By Representatives Bailey of the 93rd, Murphy of the 18th, Lee of the 94th, Carrell of the 87th, Streat of the 167th and others:
A resolution commending the Honorable Thomas T. Irvin.

HR 1224.

By Representatives Johnson of the 148th, Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th and others:
A resolution commending John W. Merritt.

HR 1225. By Representatives Johnson of the 148th, Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th and others:
A resolution commending Caletha Powell.

WEDNESDAY, MARCH 16, 1994

2439

HR 1226. By Representatives Johnson of the 148th, Mueller of the 152nd, Bordeaux of the 151st, Pelote of the 149th and Johnson of the 153rd:
A resolution commending the International Longshoremen's Association Local 1414 on its 58th anniversary.

HR 1227. By Representatives Johnson of the 148th, Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th and others:
A resolution commending Deacon Luther H. Alien.

HR 1228. By Representatives Johnson of the 148th, Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st and Pelote of the 149th:
A resolution commending Julia M. Wright.

HR 1229. By Representatives Bailey of the 93rd, Murphy of the 18th, Lee of the 94th, Chandler of the 99th, Lucas of the 124th and others:
A resolution commending Scott Russell.

HR 1230. By Representatives Teague of the 58th, Brooks of the 54th, Stanley of the 50th and McKinney of the 51st:
A resolution recognizing the Temple of Prayer Church, Inc.

HR 1231. By Representatives Teague of the 58th, Brooks of the 54th, Stanley of the 50th, Stanley of the 49th and McKinney of the 51st:
A resolution recognizing the New Life Presbyterian Church.

HR 1232. By Representatives Teague of the 58th, Brooks of the 54th, Stanley of the 50th, Stanley of the 49th and Sinkfield of the 57th:
A resolution recognizing the Spirit of Love Christian Center.

HR 1233. By Representatives White of the 161st and Roberts of the 162nd: A resolution commending Apostle Isaiah Revills.

HR 1234. By Representatives Stancil of the 16th, Lawrence of the 64th and Smith of the 174th:
A resolution commending Honorable Robert B. "Bobby" Baker, Jr.

HR 1235. By Representatives White of the 161st and Roberts of the 162nd: A resolution commending City Commissioner Arthur Kay Williams.

HR 1236. By Representatives Teague of the 58th, Hart of the 116th, Howard of the 118th, Brooks of the 54th and McKinney of the 51st:
A resolution recognizing the James Teague Memorial Praise Concert Day.

HR 1237. By Representative Poston of the 3rd:
A resolution expressing regret at the passing of Preston T. "P. T." Bailey, Jr.

2440

JOURNAL OF THE HOUSE,

HR 1238. By Representative Poston of the 3rd:
A resolution commending the Ringgold Tigers wrestling team and Coach Steve McDaniel.

HR 1239. By Representatives Teague of the 58th, Brooks of the 54th, Holmes of the 53rd, Sinkfield of the 57th and White of the 161st:
A resolution expressing concerns relating to health care reform as resolved by the Georgia Association of Black Elected Officials (GABEO).

HR 1240. By Representatives Teague of the 58th, Brooks of the 54th, Brown of the 117th, Sinkfield of the 57th and Johnson of the 148th:
A resolution encouraging and supporting the efforts of the Georgia Association of Black Elected Officials (GABEO) relating to the economic empowerment of black businesses.

HR 1241. By Representatives Teague of the 58th, Brooks of the 54th, Sinkfield of the 57th, Randall of the 127th and Lucas of the 124th:
A resolution relating to recommendations concerning the children of the State of Georgia as resolved by the Georgia Association of Black Elected Officials (GABEO).

HR 1242.

By Representatives Teague of the 58th, Brooks of the 54th, Mobley of the 69th, Sinkfield of the 57th and Hart of the 116th:
A resolution supporting and encouraging the Georgia Association of Black Elected Officials (GABEO) in its efforts relating to violence and youth in the State of Georgia.

HR 1243. By Representatives Parrish of the 144th, Murphy of the 18th, Coleman of the 142nd, Buck of the 135th and Floyd of the 172nd:
A resolution commending Jim Tudor.

HR 1244. By Representatives Colwell of the 7th, Murphy of the 18th, Coleman of the 142nd, Smith of the 169th and Lee of the 94th:
A resolution commending Honorable Mac Barber.

HR 1245. By Representatives White of the 161st and Roberts of the 162nd:
A resolution recognizing and commending the Albany State College Rams and Coach Hampton Smith.

HR 1246. By Representatives White of the 161st and Roberts of the 162nd: A resolution commending Arthur Clarence Searles.

HR 1247. By Representative Poston of the 3rd:
A resolution commending the Lakeview-Fort Oglethorpe High School basketball team.

HR 1248. By Representative Holland of the 157th:
A resolution commending Brandi Susan Rouse on her service as an intern during the 1994 session of the Georgia General Assembly.

WEDNESDAY, MARCH 16, 1994

2441

HR 1249.

By Representatives Jenkins of the 110th, Murphy of the 18th, Thomas of the 100th, Randall of the 127th, Walker of the 141st and others:
A resolution commending Honorable Harold G. Clarke.

HR 1250.

By Representative McClinton of the 68th:
A resolution recognizing the Greater Piney Grove Baptist Church on the occasion of the groundbreaking ceremony for its new Family Life Center.

HR 1251. By Representatives Lane of the 146th and Godbee of the 145th:
A resolution expressing regret at the passing of Honorable Wilson P. Groover.

HR 1252. By Representative Carrell of the 87th: A resolution commending and recognizing Mr. Charles D. Hawkins.

HR 1253. By Representative Carrell of the 87th:
A resolution commending Phillip Shane Witcher on achieving the rank of Eagle Scout.

HR 1254.

By Representatives Bordeaux of the 151st, Pelote of the 149th, Johnson of the 148th, Dixon of the 150th, Johnson of the 153rd and others:
A resolution commending St. Peter's A.M.E. Church in Savannah, Georgia.

HR 1255. By Representative Poston of the 3rd: A resolution expressing regret at the passing of Mr. William Henry Smith.

HR 1256.

By Representatives Snow of the 2nd, Murphy of the 18th, Perry of the llth, Kinnamon of the 4th and Poag of the 6th:
A resolution honoring Mr. Charles A. Chambers.

HR 1257.

By Representatives Snow of the 2nd, Murphy of the 18th and Perry of the llth:
A resolution commending and recognizing the 1993 Gordon Lee Memorial High School Lady Trojans softball team.

HR 1258. By Representative Coleman of the 142nd:
A resolution urging the Department of Transportation to name that portion of State Highway 112 from State Highway 87 to Interstate 16 in Bleckley County in memory of Mr. Everett Floyd Dykes.

HR 1259. By Representative Coleman of the 142nd:
A resolution urging the Department of Transportation to name the Overpass on State Highway 87 over the Norfolk Southern Railroad for Mr. James Marion "Jimmy" Dykes.

2442

JOURNAL OF THE HOUSE,

HR 1260.

By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st, Buck of the 135th, Colwell of the 7th and others:
A resolution urging the Department of Transportation to name the Georgia Highway 87 Bypass in Cochran, Georgia, for Mr. Ben Jessup.

HR 1261.

By Representatives Byrd of the 170th, Bargeron of the 120th, Purcell of the 9th, Birdsong of the 123rd, Mobley of the 86th and others:
A resolution recognizing and commending veterans and urging the State Transportation Board and the Board of Commissioners of Jeff Davis County to designate the Military Memorial Highway.

HR 1262. By Representative Holland of the 157th: A resolution commending Frances Saxon.

HR 1263.

By Representative Holland of the 157th:
A resolution commending AUSTIN SAXON on the occasion of his retirement as editor of the WIREGRASS FARMER.

HR 1264. By Representative Holland of the 157th: A resolution commending MRS. EMILY PERRY.

HR 1265.

By Representative Carrell of the 87th:
A resolution commending and recognizing Ms. Anne S. Peppers, Mr. Charles D. Hawkins, Mr. Jimmie L. Phillips, and Mr. William L. Thornton.

HR 1266. By Representatives Poston of the 3rd, Snow of the 2nd, Porter of the 143rd, Jamieson of the 22nd, Teper of the 61st and others:
A resolution commending Waide Poston Tanner.

HR 1267.

By Representatives Smith of the 169th, Tillman of the 173rd and Smith of the 174th:
A resolution commending Mr. Joseph Ferrari.

HR 1268. By Representatives Holland of the 157th, Groover of the 125th and Hudson of the 156th:
A resolution commending FLOYD H. WARDLOW, JR.

HR 1269.

By Representative Holland of the 157th:
A resolution commending Dr. Raymond Goss and expressing regrets upon his passing.

HR 1270. By Representatives Snow of the 2nd, Perry of the llth and Murphy of the 18th:
A resolution commending Mr. and Mrs. William Layton Kidd.

WEDNESDAY, MARCH 16, 1994

2443

HR 1271. By Representatives Porter of the 143rd, Jamieson of the 22nd, Murphy of the 18th, Hegstrom of the 66th, Smith of the 12th and others:
A resolution recognizing and commending Honorable Robert William "Bobby" Lawson.

HR 1272. By Representatives Johnson of the 148th, Mueller of the 152nd, Pelote of the 149th, Johnson of the 153rd, Bordeaux of the 151st and others:
A resolution commending Gregory J. Gray.

HR 1273. By Representatives Johnson of the 148th, Mueller of the 152nd, Pelote of the 149th, Johnson of the 153rd, Bordeaux of the 151st and others:
A resolution commending the Greater Savannah Black Tourism Network.

HR 1274. By Representatives Watts of the 26th, Mobley of the 86th, Bates of the 179th, Smith of the 12th, Felton of the 43rd and others:
A resolution commending Honorable Dick Lane.

HR 1275. By Representatives Dobbs of the 92nd, Murphy of the 18th, Twiggs of the 8th, Sherrill of the 62nd, Bargeron of the 120th and others:
A resolution commending Honorable Carlton Colwell.

HR 1276. By Representatives Atkins of the 29th, Coker of the 31st, Vaughan of the 34th, Clark of the 40th, Parrish of the 144th and others:
A resolution commending John William "Bill" Cooper.

HR 1277. By Representatives Colwell of the 7th and Twiggs of the 8th:
A resolution expressing regret at the passing of the Reverend Clyde Joseph Fortner.

HR 1278.

By Representatives White of the 161st, Roberts of the 162nd and Chambless of the 163rd:
A resolution congratulating and commending 12 Dougherty County middle and high school concert bands.

HR 1279. By Representatives Snow of the 2nd, Bailey of the 93rd, Benefield of the 96th, Lakly of the 105th and Davis of the 60th:
A resolution commending Mr. Jim Tudor.

HR 1280. By Representative Smith of the 169th: A resolution commending Miss Hannah Crews.

HR 1281. By Representatives Johnson of the 148th, Mueller of the 152nd, Pelote of the 149th, Johnson of the 153rd, Bordeaux of the 151st and others:
A resolution commending Bobby Lockett.

HR 1282. By Representative Smith of the 169th: A resolution commending Mr. Ronjii Milledge.

2444

JOURNAL OF THE HOUSE,

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

SB 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.

Pursuant to Rule 134, Representative Stancil of the 16th was excused from voting on SB 451.

The following amendment was read:

Representative Watts of the 26th moves to amend SB 451 as follows: Add new Section 7 on page 13 between line 6 & 7 as follows: "Section 7. The provisions of this Act shall not become effective until July 1, 1996." And by renumbering Section 7 as Section 8.

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

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

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

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

Y Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock N Padgett E Parham N Parrish
Y Patten Pelote
N Perry N Pinholster
YPoag N Polak N Porter N 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 N Sherrill N Shipp N Simpson Y Sinkfield Y Skipper

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

WEDNESDAY, MARCH 16, 1994

2445

On the adoption of the amendment, the ayes were 67, nays 95. The amendment was lost.

The following amendment was read:

Representative Watts of the 26th moves to amend SB 451 as follows: Add new Section 7 on page 13 between line 6 & 7 as follows: "Section 7. The provision of this Act shall not become effective until July 1, 1995." And by renumbering Section 7 as Section 8.

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

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

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

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

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

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

On the adoption of the amendment, the ayes were 93, nays 73. The amendment was adopted.

The following amendment was read and adopted:

Representative Floyd of the 172nd moves to amend SB 451 by adding on line 16 of page 1 after the semicolon and before the word "to" the following:
"to authorize the adoption of resolutions by boards of directors of certain banks and bank holding companies to except such institutions from the provisions of such part; to provide for severability and intent;".

2446

JOURNAL OF THE HOUSE,

By adding between lines 6 and 7 of page 13 a new Section 7 to read as follows:
"Section 7. Said part is further amended by adding immediately following Code Section 7-1-626, relating to the rights of bank holding companies consisting of building and loan associations, a new Code Section 7-1-627 to read as follows:
'7-1-627. (a) Notwithstanding any provision of this part to the contrary, if the board of directors of a Georgia bank or Georgia bank holding company adopts a resolution to except such bank or bank holding company from being acquired pursuant to the provisions of this part and files a certified copy of such resolution with the Department of Banking and Finance in person or by certified mail, the bank or bank holding company may not be acquired under this part. The board of directors may revoke the resolution by filing a certified copy of the revocation with the Department of Banking and Finance in person or by certified mail.
(b) Notwithstanding the provisions of subsection (a) of Code Section 7-1-625 to the contrary, in the event any provision of this Code section is declared or adjudged to be invalid or unconstitutional, such declaration or adjudiciation shall not affect the remaining portions of this part, which shall remain of full force and effect. The General Assembly declares that it would have enacted the remaining portions of this part if it had known that any provision of this Code section would be declared or adjudged invalid or unconstitutional.'"
By redesignating Section 7 as Section 8 on line 7 of page 13.

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
Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown YBuck N Buckner Y Bunn Y Burkhalter YByrd Y Campbell
N Canty N Carlisle
Y Carrell N Carter Y Cauthorn
Y Chambless Y Chandler Y Channell N Childers Y Clark Y Coker Y Coleman, B Y 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 Y Dobbs Y Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Goodwin Y Greene N 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
Jenkins Johnson, D.H
Y Johnson, E Y Johnson,G
Y Johnson, J E 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

N 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 N Purcell, B N Randall
Randolph YRay Y Reaves Y Reichert Y Roberts N Royal Y Scoggins N 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
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 N 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 154, nays 14.

WEDNESDAY, MARCH 16, 1994

2447

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

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.

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 change the provisions relating to conveyance of rights in works of fine art; to repeal certain provisions relating to printers and the statement of customer's right or license authorizing duplication; to repeal certain provisions relating to liability; to change definitions; to change the provisions relating to beauty pageants; to provide that all contests involving a judging and payment of an entrant's fee shall be covered by this Act; to change requirements relating to a written notice for entrants; to clarify exemptions; to change the bond amount; to provide for an alternative to bonds; to provide for escrow accounts; to provide for individual liability in certain circumstances; to provide for a felony penalty; to provide for forfeiture of funds to the state; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking in its entirety Code Section 10-1-510, relating to conveyance of rights in works of fine art, and inserting in lieu thereof a new Code Section 10-1-510 to read as follows:
"10-1-510. (a) As used in this Code section, the term: (1) 'Artist' means the creator of a work of fine art. (2) 'Customer' means a person who contracts to have a printer duplicate a work
of fine art. (3) 'Duplicate' means to print, copy, or otherwise reproduce. (4) 'Fine art' means a painting, sculpture, drawing, photograph, craft work, fiber
art, or work of graphic art. (5) 'Fine print' includes, but is not limited to, an engraving, etching, woodcut,
lithograph, monoprint, or serigraph but does not include industrial designs. (6) 'Industrial design' means the aesthetic appearance of an article used in com-
merce.
cus t o me r. 4& (7) 'Work of fine art' means any work of visual or graphic art of any media,
including, but not limited to, fine art, fine print, or film. (b) Whenever a work of fine art is sold or otherwise transferred by or on behalf of the artist who created it, or the heirs or personal representatives thereof, the right of reproduction thereof is reserved to the grantor until the right passes into the public domain pursuant to federal copyright laws unless the right is sooner expressly transferred by an instrument, note, or memorandum in writing signed by the owner of the rights conveyed or the duly authorized agent thereof. Nothing contained in this Code section is intended to prohibit the fair use, as defined in the federal copyright law (17 U.S.C. Section 107), of such work of fine art.

2448

JOURNAL OF THE HOUSE,

(c) Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of, or display publicly a work of fine art is made by or on behalf of the artist who created it or the owner at the time of the conveyance, ownership of the physical work of fine art shall remain with and be reserved to the artist or owner, as the case may be, unless such right of ownership is expressly transferred by an instrument, note, memorandum, or other writing signed by the artist, the owner, or the duly authorized agent thereof.
(d) Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of, or publicly display a work of fine art is made by or on behalf of the artist who created it or the owner at the time of the conveyance, any ambiguity with respect to the nature or extent of the rights conveyed shall be resolved in favor of the reservation of rights by the artist or owner unless in any given case the federal copyright law (17 U.S.C. Section 1 et seq.) provides the contrary.
\G/ iNo printer sfisii enter into Qny sjjreement witii flny customer to ouplicstc ft worK
fer aH such pef er current duplications ef that work ef &e art exceed $2,000.00 unless tne printer ootflins, fn tftc time sued fl^j^rcgflic OEMI potion iirst exceeds Jpj5j'vU\/.UUf st
authorizing such duplication or that those rights have passed *te the public domain pursuant te federal copyright laws.
i statement required fey subsection {e} ef this Code section:
: fee included eft the invoice, purchase order, proposed form, er other documentj
\o) ivifty DC 9inod one time find sept on iiie tor flii dupiicfltions t&f tnc some cus*

{6) Shall be m substantially the following 'STATEMENT
The undersigned customer has obtained writing th legal right ef license which sutnonzes tiie dupiicfltion of tne WOPK of fine flrt wnicn rifls oeen reQue8ted oy tne undersigned or tftose plants nsvc pflsscd into tnc puoiic ctoiriflHi pursuorit to fodepdi
performing the requested duplication ef the work ef fifie art;
(Customer's signature)
(Date)' {g) (e) This Code section applies to sales, transfers, and conveyances made on or after July 1, 1990, and applies to agreements to duplicate a work of fine art made on or after July 1, 1991.
person wfto vioiotcs su oseeti'On ve/ of tnis oode section of wno 9ifjns ttie j provided top tnerein Knowing tt TO i&e isisc SIIQII 0e civiiiy liftO'ie tnereiop snd
ney s lees.
Section 2. Said chapter is further amended by striking in its entirety Article 30, relating to beauty pageants, and inserting in lieu thereof a new article to read as follows:
"ARTICLE 30
10-1-830. As used in this article, the term: (1) 'Beauty pageant Contest' means any contest or competition in which entrants
are judged on the basis of physical beauty, skill, talent, poise, and personality^ abilities, attributes, compositions, performances, tests, essays, or any other measure of

WEDNESDAY, MARCH 16, 1994

2449

skill, ability, or attributes and in which a winner or winners are selected as representing an ideal in one or more of these areas. 'Beauty pageant' Contest shall not include any of the following:
(A) Any such contest or competition in which; (i) No fte application fee er is charged; (ii) No entrance charge is made for contestants; te which ne admission ehwge
is made for attendance, eatd in ; and (iii) In connection with which no tickets; er chances^ advertisements, or
sponsorships are sold;; (B) Any competition in which there is an inherent winner determined solely by the outcome of the competition itself and in which any judgment by judges is rendered only on incidental matters peripherally related to determining the winner; or (C) Any sporting or athletic event, including, but not limited to, any automotive race, swimming meet or tournament, field and track meet or tournament, hunting event, skating meet or tournament, football game, basketball game, baseball game, soccer game, hockey game, or tennis or golf match or tournament. (2) 'Entrant's fee' means any payment of money or other thing of value including, but not limited to, the selling of advertisements or tickets or the obtaining of sponsors, which activity is a precondition to participation in a beauty pageant contest. (3) 'Operator' means any person, franchisee, firm or corporation, civic group, or elementary or secondary educational institution which promotes, organizes, or otherwise operates a beauty pageant contest, participation in which is limited to persons paying an entrant's fee. 10-1-831. Before accepting any entrant's fee, all operators shall provide to each entrant 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 organization having full responsibility for the conducting of the pageant contest; (3) Names of pagcanta contests 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; aed
(6) Name, address, and telephone number of the surety company maintaining the bond required by Code Section 10-l-832v j
(7) A statement which reads as follows: 'The State of Georgia requires bonding or escrow of contests conducted for the profit of operators'; and
(8) A statement of the total value of the prizes offered.
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 an amount equal to no less than double the amount of the total represented value of the prizes offered $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 contest. 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. Nothing contained in this Code section shall require a copy of the bond to be filed with any government agency. 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.
10-1-833. No bond shall be required from nonprofit organizations, bona fide civic clubs in existence for at least one year, churches, religious organizations, and groups, fairs, or festivals affiliated with schools or political subdivisions, or from any other pageant contest which confers no benefit upon any participant other than any or all of the following which in the aggregate have a total value of no more than $100.00: a beauty title2 a crown, a trophy, a ribbon, or a sash. To be exempt from Code Section 10-1-832 under this Code section, contests conducted by individuals or businesses to

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raise funds for nonprofit organizations shall award 100 percent of the moneys generated by the contest to the nonprofit organization and the nonprofit organization may, if previously agreed, then pay the expenses incurred in conducting the contest.
10-1-834. If a beauty pageant contest is canceled or fails to take place, all entrants' fees shall be promptly refunded by the operator, ^^he For contests subject to Code Section 10-1-832, the surety shall be liable for any unrefunded entrants' fees in the case of a default by the operator.
10-1-835. Any violation of this article shall be considered a violation of Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' 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.
10-1-836. Any person, firm, corporation, organization, partnership, entity, or operator violating any provision or this article shall be guilty of a misdemeanor felony.
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 cannot and does not withdraw any funds until the contest 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 after the account is closed.
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 participant in a contest, without regard to whether the contest operator is structured as a corporation, partnership, limited partnership, or any other form of business entity.
10-1-839. In any contest in which the prize is not awarded, the balance of any bond or escrow account left after each participant has been paid for his or her damages shall be forfeited to the state."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Carrell of the 87th moves to amend the Committee substitute to SB 540 by striking in their entirety lines 4 through 8 of page 1 and inserting in lieu thereof the following:
"conveyance of rights in works of fine art; to change the definition of a certain term; to change the provisions relating to beauty".
By striking in their entirety lines 20 through 27 of page 1 and pages 2, 3, and 4 and inserting in lieu thereof the following:
"Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking in its entirety paragraph (5) of subsection (a) of Code Section 10-1-510, relating to conveyance of rights in works of fine art, and inserting in lieu thereof a new paragraph (5) to read as follows:
'(5) "Fine print" includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint, or serigraph but does not include industrial designs or offset lithography.'"

Representative Pelote of the 149th moves to amend the Committee substitute to SB 540 by striking line 16 of page 1 and inserting in lieu thereof the following:

WEDNESDAY, MARCH 16, 1994

2451

"provide for forfeiture of funds to the state; to prohibit certain price increases for certain goods when there is a declared state of emergency; to provide for".
By inserting immediately following line 22 of page 9 the following:
"Section 3. Said chapter is further amended by adding at the end thereof a new Article 34 to read as follows:
'ARTICLE 34
10-1-900. In any area in which there is a declared state of emergency, as defined in Code Section 38-3-3, it shall be unlawful, unfair, and deceptive for any person, firm, or corporation doing business in the area where a state of emergency exists to increase the retail price of any goods necessary to preserve, protect, or sustain the life, health, or safety of persons or their property above the price at which such goods were sold or offered for sale immediately preceding such state of emergency for a period not to exceed 30 days, except insofar as such price increase is a direct result of the increased cost of such goods to the retailer or the increased cost of transportation of such goods into such area.'"
By redesignating Sections 3 and 4 as Sections 4 and 5, respectively.

The Committee substitute, as amended, was adopted.

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

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

Y Colwell
Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M
Y Dickinson YDix Y Dixon, H Y Dixon, S 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 Manner Y Harris, B Y Harris, M
YHart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland N Holmes

Y Howard Y Hudson
Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson,J E 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 Y Lord
Lucas Y Maddox Y Mann N Martin
Y McBee Y 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 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
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 N Teper Y Thomas
Tillman Y Titus Y Towery
Trense
Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmorland
White Y Williams, B N Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 7.

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

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

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.

Representative Benefield of the 96th moved that the House insist on its position in amending SB 449.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

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 following Senate amendment was read:

Amend HB 897 by inserting on page 1, line 10 after the ";" and before the word "and"
the words "to provide an effective date."
And by inserting on page 2, line 13 the words:
"Section 4.1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

Representative Holmes of the 48th moved that the House disagree to the Senate amendment to HB 897.
The motion prevailed.

HB 914. By Representative Culbreth of the 132nd:
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.

The following Senate amendments were read:

WEDNESDAY, MARCH 16, 1994

2453

SENATE AMENDMENT NO. 1
Amend HB 914 by striking lines 32 and 33 of page 2 and inserting in lieu thereof the following:
"insurer shall possess when first authorized in this state and thereafter maintain surplus or additional".

SENATE AMENDMENT NO. 2
Amend HB 914 by adding "to define certain terms; to provide for the use, restrictions, and violations of genetic testing;" after "surplus;" on line 8 of page 1 and by adding between lines 15 and 16 on page 3 a new Section 2.1 to read as follows:
"Section 2.1. Said chapter is further amended by adding a new Code Section 33-3-30 to read as follows:
'33-3-30. (a) As used in this chapter, the term:
(1) "Entity" means any accident and sickness, health, and disability insurance company, health maintenance organization, managed care organization, or other health and disability benefits payers.
(2) "Genetic testing" means information derived from molecular genetic or cytogenetic analyses which would indicate a predisposition for specific diseases. For purposes of this chapter, genetic testing shall not include routine physical measurements; chemical, blood, and urine analysis; tests for abuse of drugs; and tests for the presence of the human immunodeficiency virus.
(b) Except as otherwise provided in this Code section, genetic testing shall be confidential and privileged and may only be conducted to obtain information for therapeutic or diagnostic purposes. Genetic testing may not be conducted without the prior written consent of the person tested. Information derived from genetic testing may not be sought or used by any entity for any nontherapeutic purpose.
(c) Subsection (b) of this Code section shall not apply to criminal investigations or prosecutions or to any genetic testing research facility.
(d) Any violation of this chapter by an entity shall be subject to the provisions of Article 1 of Chapter 6 of Title 33.'".

Representative Culbreth of the 132nd moved that the House disagree to the Senate amendments to HB 914.
The motion prevailed.

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 salaried 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 Senate substitute was read:

A BILL
To amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for the issuance of motor vehicle liability insurance policies, and Code

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Section 40-5-71 of the Official of Georgia Annotated, relating to procedures upon the notice of cancellation of a motor vehicle liability insurance policy, so as to revise provisions relative to cancellations of such policies; to provide that cancellation of a motor vehicle liability insurance policy 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; to provide that failure to provide notice to the Department of Public Safety pursuant to law shall not invalidate an otherwise valid cancellation of a motor vehicle liability insurance policy; 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 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for the issuance of motor vehicle liability insurance policies, is amended by adding a new paragraph (5) at the end of subsection (a) to read as follows:
"(5) If any insurer, agent, or premium finance company collects the advance payment in the form of a check or money order which is not honored upon initial presentation, such insurer, agent, or premium finance company shall be deemed to have complied with paragraph (4) of this subsection and may, thereafter, cancel for nonpayment of premium without the requirement of any notice of intent to cancel."
Section 2. Code Section 40-5-71, relating to procedure upon notice of motor vehicle insurance cancellation, is amended by striking paragraph (3) of subsection (a) in its entirety and inserting in its place the following:
"(3) Notwithstanding the provisions of paragraph (1) of this subsection, neither a failure to provide notice to the Department of Public Safety pursuant to paragraph (1) of this subsection nor any irregularity any irregularities in the such notice to the Department of Public Safety as required by paragraph (1) of this subsection shall et invalidate an otherwise valid cancellation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Williams of the 114th moved that the House disagree to the Senate substitute to HB 1308.
The motion prevailed.

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 criminal cases; to provide for disclosure of evidence by the prosecution and defendants.

The following Senate substitute was read:

A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, 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 witness 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 provide 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

WEDNESDAY, MARCH 16, 1994

2455

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 for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 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, accusations, 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 furnishing 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 furnish, 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 defendant 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 private pathologist; blood alcohol test results done by a law enforcement agency or a private 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 prosecution which will be introduced 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

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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 or prosecution' 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 transcription 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 in the event that at or prior to arraignment, or at such time as the court permits, the defendant provides written notice to the prosecuting attorney that such defendant elects to have this article apply to the defendant's case. When one defendant in a multidefendant case demands discovery under this article, the provisions of this article shall apply to all defendants in the case, unless a severance is granted. (b) This article shall not apply to juvenile court proceedings. (c) Except as provided under Code Section 17-16-8, this article is not intended to authorize discovery or inspection of attorney work product. 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 supplemented 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 or prosecution and that portion of any written record containing the substance of any relevant oral statement made by the defendant, whether before or after arrest, in response to interrogation by any person then known to the defendant to be a law enforcement officer or member of the prosecuting attorney's staff. 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 law enforcement officer or member of the prosecuting attorney's staff if the state intends to use that statement at trial. Statements of coconspirators that are attributable to the defendant and arguably admissible against the defendant at trial also shall be disclosed under this Code section. Where the defendant is a corporation, partnership, association, or labor union,

WEDNESDAY, MARCH 16, 1994

2457

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 constituting 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, or at such time as the court permits, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the 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 or prosecution. 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, or at such time as the court permits, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph books, papers, documents, 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 or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-inchief or rebuttal 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 reasonable 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) Upon written request of a defendant at or prior to arraignment, or at such time as the court permits, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, which are within the possession, custody, or control of the state or prosecution which the state intends to introduce in evidence in its case-in-chief or in rebuttal. Nothing in this Code section shall require the disclosure of any material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any victim or witness.
(b) (1) If the defendant requests disclosure under this article, the defendant within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photograph books, papers, documents, 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 defendant and which the defendant intends to introduce as evidence in the defense's case-in-chief or rebuttal at the trial.
(2) If the defendant requests disclosure under this article, the defendant within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, within the possession or control of the

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defendant which the defendant intends to introduce as evidence in the defense's casein-chief or rebuttal. Nothing in this Code section shall require the disclosure of any material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any defendant or witness. (c) If prior to or during trial a party discovers additional evidence or material previously requested or ordered which is subject to discovery or inspection under this article, such party shall promptly notify the other party of the existence of the additional evidence or material and make this additional evidence or material available as provided in this article.
(d) Upon a sufficient showing that a discovery required by this article 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, or at such time as the court permits, 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 ten 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 witnesses, 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 within five days of the defendant's written notice but no later than five days before trial, whichever is later, 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.
(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 existence 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) If the defendant withdraws the notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense are not admissible. However the prosecuting attorney may offer any other evidence regarding alibi.
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 article, 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, prohibit 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 article, 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 disclosed, or may enter such other order as it deems just under the circumstances. The

WEDNESDAY, MARCH 16, 1994

2459

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, or at the time of any post-indictment pre-trial evidentiary hearing other than a bond hearing, the prosecution or the defendant shall produce for the opposing party any statement of any witness that is in the possession, custody, or control of the state or prosecution or in the possession, custody, or control of the defendant or the defendant's counsel that relates to the subject matter concerning the testimony of a witness that the party in possession, custody, or control of the statement intends to call as a witness at trial or at such post-indictment pre-trial evidentiary hearing.
17-16-8. Upon written request of any party, the prosecuting attorney, not later than ten days before trial, and the defendant's attorney, within ten days after compliance by the prosecuting attorney but 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, current locations, dates of birth, social security numbers, and telephone numbers of that party's witnesses, 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. If the court has determined the defendant to be indigent, the court shall determine the means of reimbursement.
ARTICLE 2
17-16-20. The provisions of this article shall apply only to misdemeanor cases. 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 discovered 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 furnish, 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 defendant 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. 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 private 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.

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JOURNAL OF THE HOUSE,

(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 introduced 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 attorney, 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 defendant'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 submitted 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 provided 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, and shall apply to all cases docketed on or after that date.
Section 7. 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 Senate substitute to HB 828 by inserting between the word and symbol "costs;" and the word "to" on line 16 of page 1 the following:
"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; to provide for legislative intent;".
By inserting between lines 30 and 31 of page 15 the following:
"Section 5. Article 7 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to depositions in criminal proceedings, is amended by striking in its

WEDNESDAY, MARCH 16, 1994

2461

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 privileged 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 prospective 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; (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 reasonably ensure timely delivery including transmission by facsimile or by digital or electronic 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 deposition shall be taken. The judge so designated may be a judge of any court of this

2462

JOURNAL OF THE HOUSE,

state who is otherwise qualified to preside over the trial of criminal cases in the court having jurisdiction over the offense charged.' Section 6. 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 custody 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 during 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:
'124-10-131. (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 deposition is being taken, the defendant persists in conduct which would justify exclusion 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 7. Said article is further amended by striking Code Section 24-10-132, relating to assignment of counsel, in its entirety and inserting in lieu thereof the following:
'24-10-132. (a) If a defendant is without counsel, the court shall advise hh ef- hia 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 er is atete to obtain counsel ef his ew
CflOlCO.
(b) Whenever a deposition is taken at the instance of the state, the cost of any
prosecution which are the responsibility ef th state te meet by 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 defendant; provided, however, that, whenever a deposition is taken at the instance of a defendant who is unable te bear the expense ef- the taking ef- 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 attorneyz not to exceed the limits established pursuant to Article 2 of Chapter 7 of Title 45, for attendance at the examination be paid for out of the fine and forfeiture fund of the county where venue is laid.' Section 8. Said article is further amended by striking Code Section 24-10-133, relating to manner of taking and filing a deposition, in its entirety and inserting in lieu thereof the following:

WEDNESDAY, MARCH 16, 1994

2463

'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 deposition 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 9. Said article is further amended by striking Code Section 24-10-135, relating 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 rt appears that the witness 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 witness. 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.' Section 10. Said article is further amended by striking Code Section 24-10-137, relating 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 stenographic 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 audiovisual 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 11. 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.'"
By redesignating Sections 5, 6, and 7 as Sections 12, 13, and 14.

Representative Thomas of the 100th moved that the House agree to the Senate substitute, as amended by the House, to HB 828.

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JOURNAL OF THE HOUSE,

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

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

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 Y Dobbs Y Ehrhart
YEpps Y 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 Y Hart Y Heard
Hegstrom
Y Hembree 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 E Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein Y Ladd Y Lakly
Y Lane, D Y Lane, H
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
Randall Y Randolph YRay
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
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 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 motion, the ayes were 146, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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.

Representative Harris of the 112th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1376 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 Harris of the 112th, Colwell of the 7th and Powell of the 23rd.

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

WEDNESDAY, MARCH 16, 1994

2465

HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th, White of the 161st, Hembree of the 98th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.

The following Senate amendment was read:

Amend HB 492 by striking from line 9 on page 3 the following words: "as the primary mode for learning", so that such line reads as follows: "implemented".

Representative Mueller of the 152nd moved that the House disagree to the Senate amendment to HB 492.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 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 certain information to be exchanged between parties to a motor vehicle accident; 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.

Representative Williams of the 63rd moved that the House insist on its position in substituting SB 574.

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 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.

Representative Hart of the 116th moved that the House recede from its position in disagreeing to the Senate substitute to HB 1405.
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 Bates

Y Benefield Birdsong Bordeaux

Y Bostick Y Breedlove Y Brooks, D

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JOURNAL OF THE HOUSE,

Y Brooks, T Y Brown
Buck Y Buckner Y Bunn Y Burkhalter 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
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
Goodwin Y Greene Y Groover Y 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 Y Johnson, D.H

Y Johnson, E Y Johnson, G Y Johnson, J E Johnston Y Jones
Y Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
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

On the motion, the ayes were 151, nays 0. The motion prevailed.

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 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 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 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

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

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 Assembly; to create the Office of Sensory Affairs; to provide for a director and such official's appointment and powers and duties; to provide for recommendations and an annual report.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 521 by inserting in line 26 of page 2 after the word "staff the following:
", not to exceed eight positions,".

The following amendment was read and lost:

Representative Lawrence of the 64th moves to amend SB 521 by striking line 6 of page 1 and inserting the following:
"recommendations and an annual report: to provide for automatic repeal; to provide for related".

WEDNESDAY, MARCH 16, 1994

2467

By striking line 14 of page 3 and inserting the following: "impairments available in other states. 30-7-5. This chapter shall be automatically repealed effective July 1, 1998."

The following amendment was read:
Representatives Bates of the 179th, Cox of the 160th and Royal of the 164th move to amend SB 521 by striking line 7 of page 1 and inserting the following:
"matters; to provide for automatic repeal; to repeal conflicting laws; and for other purposes."
By striking line 14 of page 3 and inserting the following:
"impairments available in other states.
30-7-5. This chapter will be automatically repealed on July 1, 1994, unless funds are appropriated for purposes of this chapter in an Appropriations Act making specific reference to this chapter.'"

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

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

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

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

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

On the adoption of the amendment, the ayes were 84, nays 67. The amendment was adopted.

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

Representative Mueller of the 152nd moved that the House reconsider its action in adopting the Bates amendment.

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JOURNAL OF THE HOUSE,

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

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

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

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

On the motion, the ayes were 75, nays 78. The motion was lost.

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

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

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 N Barfoot
Bargeron N Barnes N Bates Y Benefield
Y Birdsong
Bordeaux
N Bostick Y Breedlove Y Brooks, D Y Brooks, T
Y Brown YBuck Y Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty

Carlisle
Y Carrell Y Carter N Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T N Colwell Y Connell NCox
Y Crawford
Y Crews Y Culbreth
Y Cummings
N Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H

Y Dixon, S
Y Dobbs Y Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M N Floyd, J.W Y Godbee N Golden Y Goodwin Y Greene
Groover N Hammond
Hanner
Y Harris, B Y Harris, M YHart Y Heard
Y Hegstrom
Y Hembree
Y Henson
Y Holland Y Holmes

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 E 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
NLord Y Lucas N Maddox YMann
Y Martin
Y McBee Y McClinton
McKinney N Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver N O'Neal
N Orrock Y Padgett E Parham Y Parrish
N Patten

WEDNESDAY, MARCH 16, 1994

2469

Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph

NRay N Reaves Y Reichert Y Roberts N Royal Y 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
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
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, as amended, the ayes were 139, nays 22.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 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
Bailey Y Baker Y Bannister
Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick
Y Breedlove Y Brooks, D
Brooks, T Brown YBuck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty 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
Manner Y Harris, B
Harris, M
YHart Y Heard
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 E 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 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
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
Sinkfield 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 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

2470

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker Pro Tern assumed the Chair.

SB 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th, Burton of the 5th, Ragan of the 32nd and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, local systems, and regional agencies, so as to provide for the designation of 'high-achieving exempt schools'; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, local systems, and regional agencies, is amended by striking in its entirety subsection (e.l) and inserting in lieu thereof the following:
"(e.l) The state board shall, subject to the requirements of subparagraph (a)(l)(D) of this Code section, establish criteria for determining whether local schools significantly exceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 3 30 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and designated 'high-achieving exempt schools.' Schools designated as highachieving exempt schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(C), or (a)(l)(I) of this Code section, as long as the school maintains the designation 'high-achieving exempt school.' Schools and school districts which have had a standards review within the last four years will continue on the five-year cycle as mandated by law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Godbee of the 145th was read and adopted:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for certain contracts for school psychology services with persons certified by the Professional Standards Commission notwithstanding their not being licensed; to change certain requirements for assessments for graduation purposes; to change the standards for the exemption from certain evaluations; to provide for "high-achieving exempt schools"; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 16, 1994

2471

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the elementary and secondary education, is amended by adding after Code Section 20-2-156, a new Code section to read as follows:
"20-2-157. A local unit of administration shall be authorized to contract for school psychology services with an individual certified by the Professional Standards Commission in school psychology. The certified individual shall be authorized to practice school psychology for the local unit of administration notwithstanding any contrary provision contained in Chapter 39 of Title 43 which requires such individual to be licensed thereunder."
Section 1.1. Said chapter is further amended by adding at the end of Code Section 20-2-281, relating to the assessments of the effectiveness of educational programs, the following:
"(e) The curriculum-based assessment to be administered in grade 11 for graduation purposes pursuant to this Code section shall be field tested for no less than two years and shall have a preestablished scoring system which identifies passing scores for each battery on the test and for the graduation test in its entirety. This scoring system shall be approved by the State Board of Education prior to administration of the graduation test and shall not be changed without full disclosure of such changes to each of the local boards of education and the General Assembly. The test, when administered to students in grade 11 prior to spring, 1995, shall be for continued field testing purposes and the results thereof may not be used for graduation purposes. The test shall not be administered to students in grade 11 for graduation purposes prior to spring, 1995."
Section 2. Said chapter is further amended by striking subsection (e.l) of Code Section 20-2-282, relating to evaluation of schools, and inserting in its place the following:
"(e.l) The state board shall, subject to the requirements of subparagraph (a)(l)(D) of this Code section, establish criteria for determining whether local schools significantly exceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 26 30 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and designated 'high-achieving exempt schools.' Schools designated as highachieving exempt schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(C), or (a)(l)(I) of this Code section, as long as the school maintains the designation 'high-achieving exempt school.' Schools and school districts which have had a standards review within the last four years will continue on the five-year cycle as mandated by law."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Bordeaux Y Bostick Y Breedlove 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
Coleman, T Colwell
Connell 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
Ehrhart
Y Epps Evans
Y Felton Y Floyd, J.M

2472

JOURNAL OF THE HOUSE,

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
Johnson,G
Y Johnson,J E Johnston
Jones Y Joyce
YKaye Y Kinnamon Y Klein
YLadd Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee 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 E Oliver Y O'Neal
Orrock Y Padgett E 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 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 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 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 substitute.

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.

The following amendment was read and adopted:

Representative Childers of the 13th moves to amend HR 825 as follows: By adding after the "," on line 14 page two "P.S.A. Blood Test,".

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

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

Bunn Y Burkhalter
Byrd Y Campbell
Y Canty Carlisle
Y Carrell
Y Carter Y Cauthorn
Cham bless 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
Davis, G N Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee

Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Banner Y Harris, B Y Harris, M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Hughes Y Hugley

Y Irvin Y James Y Jamieson
Jenkins Y Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J E Johnston
Jones N Joyce NKaye Y Kinnamon
Y Klein Y Ladd N Lakly Y Lane, D Y Lane, R
Lawrence

WEDNESDAY, MARCH 16, 1994

2473

Y Lawson
Y Lee Y Lewis
Lord Y Lucas N Maddox
N Mann 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 Y Poag 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
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 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 adoption of the Resolution, as amended, the ayes were 143, nays 9.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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.

The following amendments were read and adopted:

The Committee on Education moves to amend SB 395 by adding on line 6 of page 2 after "days", the following:
"or long-term suspension for more than ten days pursuant to Code Section 20-2-751".
By adding on line 9 of page 2 immediately after "notify" and on line 17 of page 2 immediately after "request" the following:
"by certified mail with return receipt requested".
By striking lines 21 and 22 of page 1 and inserting in their place the following:
"means a student who exhibits a pattern of behavior characteristics which interfere with".

Representative Hart of the 116th, et al. move to amend SB 395 by adding on line 7 on page 1 immediately after the word and symbol "conference;" the following:
"to provide for a review and a hearing in certain instances by a disciplinary officer, panel, or tribunal;".
By striking line 7 on page 2 and inserting in lieu thereof the following:
"20-2-765. (a) Any time a teacher or principal".
By inserting between lines 14 and 15 on page 2 the following:
"(b) Any chronic disciplinary problem student, identified as such pursuant to subsection (a) of this Code section, whose cumulative short-term suspensions exceed 12 days in the current grading period or who is recommended for placement in an alternative

2474

JOURNAL OF THE HOUSE,

school shall be subject to the provisions of Code Section 20-2-754; provided, however, if the suspension arises from an emergency situation in which it is necessary to remove the student promptly from the classroom for the safety or for the good climate of the school, then such student may be immediately suspended subject to the provisions of Code Section 20-2-766."
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 N Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T N Brown
YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn
Chambless Y Chandler Y Channell Y Childers N Clark N Coker Y Coleman, B Y Coleman, T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Curnmings
Davis, G Y Davis, M Y Dickinson
Dix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps
Evans Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y 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 E Johnston
Jones Y Joyce NKaye Y Kinnamon N 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 N 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 Y Purcell, B
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 Y 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

On the passage of the Bill, as amended, the ayes were 152, nays 11.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 provisions providing exceptions to the transfer of functions to the Professional Standards Commission.

The following substitute, offered by Representative Godbee of the 145th was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change certain cross-references; to change

WEDNESDAY, MARCH 16, 1994

2475

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; to change the provisions relating to corrective plans for nonstandard public schools and school systems; to provide for sanctions with regard to failure to adopt strategic plans; to provide for migrant student grants for schools; to provide for a definition; to change the provisions providing exceptions to the transfer of functions to the Professional Standards Commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-108, relating to certification of school superintendents, and inserting in its place the following:
"20-2-108. Each local school superintendent shall be certified and classified by the Professional Standards Commission as teachers are now classified and certified under Code Section 20-2-282 20-2-200. The superintendents shall receive salaries according to a schedule of minimum salaries fixed by the state board based on classification and certification in the same manner teachers are paid under Code Section 20-2-212; provided, however, that in no event shall the salary of a superintendent on or after July lj 1994, be less than $27,000.00 per year, such salary to be paid in equal monthly installments out of state funds; and in addition thereto, the local board of education shall allow additional compensation for the services to be rendered as may be in its judgment proper and just."
Section 1.1. Said chapter is further amended by adding at the end of Part 5 of Article 6 of Chapter 2 of Title 20, relating to educational program weights and funding, a new Code section to read as follows:
"20-2-189. (a) As used in the Code section, the term 'migrant student' means a child who is a student in a public school and who has, within 12 months prior to first becoming a student in such school, moved across state or school district lines with a migrant parent or guardian to enable the child, the child's parent or guardian, or a member of the child's immediate family to obtain temporary or seasonal employment in an agricultural or fishing activity.
(b) The State Board of Education shall provide grants to qualified local units of administration for the purpose of supplementing services and instruction to currently enrolled migrant students. A local unit of administration shall not be eligible for such grant for any school thereof unless the number of migrant students enrolled in such school is at least 20 or equals at least 5 percent of the latest full-time equivalent program count for such school, whichever is greater. The State Department of Education by regulation shall establish the manner in which a local unit of administration must demonstrate that any of its schools meets the eligibility requirements of this subsection.
(c) Grants under this Code section shall be subject to appropriation by the General Assembly. The grant amount for a local unit of administration to be used for a school thereof under this Code section shall be determined by multiplying the total appropriation for such grants by a fraction, the numerator of which is the number of eligible migrant students in that school and the denominator of which is the total number of eligible migrant students in all local units in the entire state. At least 90 percent of the grant funds received by a local unit under this Code section shall be used for direct program expenditures at the school for which the grant is computed under this subsection. Any portion of that 90 percent not so expended shall be returned to the State Department of Education."
Section 2. Said chapter is further amended by striking Code Section 20-2-280, relating to long-term strategic plans, and inserting in its place the following:
"20-2-280. (a) The State Board of Education shall adopt a state-wide long-term strategic plan which is reflective of the educational programs and services and other public educational functions which need improvement state wide or in selected areas of the state and which contains the priorities and planned actions designed to address such

2476

JOURNAL OF THE HOUSE,

needs. This strategic plan shall be completed and communicated to each local school system, the Governor, and the General Assembly no later than December 20, 1994. The state board shall be supported and staffed in this effort by the Department of Education personnel located in Atlanta and regionally, including personnel in the regional educational service agencies.
(b) Each local school system shall develop and adopt a system-wide long-term strategic plan which is reflective of the priorities contained in the state-wide long-term strategic plan adopted by the state board and such needs for improving educational programs and services system wide or in specific schools as were identified through an in-depth self-study ef eat evaluation fey the Department ef Education pursuant te Code Section 20-2-282. Local school systems shall have until December 20, 1996, either to amend their existing plans or develop plans consistent with the state-wide long-term strategic plan.
(c) Each long-term state and local strategic plan shall contain a description of assessed needs, a list of planned improvements of educational programs or services designed to address the assessed needs, a list of the goals for the programs or services to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an implementation timetable, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted and reviewed for approval. To the extent deemed reasonable and appropriate by the state board, this Code section shall apply to regional educational service agencies."
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 20-2-281, relating to student assessments, and inserting in its place the following:
"(b) The nationally normed assessments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Curriculum-based assessments provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP). The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. The state board shall develop, subject to appropriation by the General Assembly, a comprehensive item bank which shall be representative of grade levels three, five, eight, and 11 and content areas contained within the uniformly sequenced core curriculum approved by the state board for those grades pursuant to Code Section 20-2-140; provided, however, that the items reflecting each subject area at designated grade levels shall range proportionally from minimal competency to higher level achievement competencies. This item bank shall be used to develop assessments which reflect student achievement at the classroom, school, and system levels. One of the components in both the comprehensive evaluation pursuant te Code Section 20-2-282 and the awarding of salary supplements as part of a pay for performance or related plan pursuant to Code Section 20-2-213 or other Code sections under this article may be assessments of student achievement."
Section 4. Said chapter is further amended by striking Code Section 20-2-282, relating to the comprehensive evaluation of public schools, local school systems, and regional educational service agencies, and inserting in its place the following:
"20-2-282. (a) {i} he State Beafd ef Education shall supervise a comprehensive evaluation ef each public school, teeal school system, and regional educational service fluency ftt icflst once every rive y6flps( except ft& provided tft suDscction ^ev/ ot in19 Code section, concerning the following functions te the extent they fe deemed by the state feearel te be appropriate and applicable te such units:
{A) h extent te which the strategic pkt has been effectively implemented;

WEDNESDAY, MARCH 16, 1994

2477

to wnien trie uniformly secjuenccd core curriculum ftdopted oy the state board has been effectively implemented;
{ } The extent ef- compliance with state tews and state beard prescribed policies, rulca, regulations, standards, and criteria;
(.UJ iiic effectiveness ot educdtionfti progrflms &nu services, including compctifi sens te student bodies which ate comparable in terms ef demographic charactcristics*
4E) The effectiveness ef annual personnel evaluation procedures and annual p?etessionfti deveiopment piftn procedures &nd trie extent to wnicn stftti development

(f)--The accuracy ef student count proccdurca; ^vi/ i tie ftccurftcy OT IISCQI procedures fts tncy ftppiy to implementing tne st&te
purposes authorized by state tews and state beard- policy and regulations; 1,117 rTie extent to wfticn puDiic Awfireness fttto iniornifltion ppocesse8 comply
with state tew ad state board adopted policies and regulations; ad (I) Such other functions deemed necessary by the state board fer a fail and com-
prehensive evaluation ef such units. {2} Seh comprehensive evaluations shall he conducted by certificated professional employees ipom otner toc&i units of flcmiinistrfltion, ifleuity wiem ueps ot colleges cmd
rete ef such individuals shall be prescribed by the state board; provided, however, that such individuals shall he coordinated by professional cvaluators. !Fhe state heard shall he authorized te require additional evaluations by the Department ef Education.
school system is located the result ef the comprehensive evaluations, including a summary ef any deficiencies and recommendations fer addressing said deficiencies. The
Assembly concerning the results ef aH state wide assessments ef student achievement; tiie stfltus of cficn puoiic scnool, locfli scnool systfrnij &nd fe^ion&i educationn service agency; and the progress each nonstandard nit has made toward addressing identified
School Superintendent shaH be authorized te require local school superintendents and disectors o regionfli Gducfttion&i service fluencies to provide 9ucn reports ts deemed
ocnooi oupeFintendent sndil compile ftn dftnu&i report ift wriicn sfisii && presented ft 91&tement ot tne condition Etnd ctmount ot &H funds &no, property tppropfi&ted tor tne purpose ef public education, a statement ef the average eest per student ef instruction
in the state, with as much accuracy as possible. Such report ahull be kept the State School Superintendent's office ad shall be available fer public inspection during regular business hours. Copies ef the report er portions ef the report shall be made availahte en request. Reserved. (b) The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Education. (c) The State Board ef Education shall designate public schools, local school systems, and regional educational service agencies which receive satisfactory comprehensive cvaludtions pUF8tiflnt to suDsection (.ft/ ot tftis oode section fts stsndflPd. A ne stftte DOftid sii&ii ftwflrd certiiicfltes Or flCRnowiedgm.cnt top superior periormftnce to~ flit sucn units which receive superior comprehensive evaluations relative te units having comparable student bodies, shall provide such units, excluding the regional educational service agorr eies; with grants appropriated by the General Assembly fer this purpose pursuant te the

2478

JOURNAL OF THE HOUSE,

&wsrfls ttt oooe oection fiU"fi*^coo, &nci snsii QCSII^HQCG sucn units
tery comprehensive evaluations relative te comparable units as 'nonstandard.' The state Dottrel Sfiflii fidopt sucn criteMfl fts ncccssflry to determine tiic stfttus OT eflcri unit unu&p tfee comprehensive evaluation process. Reserved.
(d) Each local school system shall annually inform the citizens residing within its area and the State Superintendent of Schools concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The state board shall publish annual profiles of all public schools and local school systems in the state. A subcommittee of the task force established pursuant to subsection (a) of Code Section 20-2-320 made up of six members, one each representing the Governor's office, the House Research Office, the Senate Research Office, the Office of Planning and Budget, local school systems, and the Department of Education, shall recommend information to be included in the profiles. Such recommendations shall be submitted by the task force to the state board. Profiles shall include, but shall not be limited to, information on: student achievement, which may include information related to test results, failure rates, and achievement of special honors or awards; student outcomes, which may include dropout rates and numbers, postsecondary enrollment rates, and participation in developmental studies programs; demographic factors in the student body, public school, and local school system, which may include socioeconomic or other appropriate demographic variables; financial and budget statistics, which may include costs per student, expenditures by program, and public school and local school system percentages of federal, state, and local funding, and aggregate and average salary information; faculty, administration, and employees, which may include faculty and administrator qualifications, assignments, experience, and certification; and curriculum and program offerings, which may include information on enrollment in grades, grade levels, courses, schools, and programs. The state board shall publish the profiles in such a manner as to facilitate comparisons between demographically similar public schools and local school systems. The first profiles shall be published no later than December 31, 1989, and annually thereafter, subject to appropriation by the General Assembly for this purpose. Data used in the profiles shall be collected through the state-wide comprehensive educational information network established pursuant to Code Section 20-2-320; provided, however, that prior to completion of the network the state board shall have the authority to specify data items which are to be collected by other means. The state board shall ensure that this information is as accurate as possible. The task force subcommittee shall recommend data which are, at minimum, to be included in the profiles prior to completion of the network. In no event shall the state board require data to be collected for the sole purpose of the profiles created under this Code section prior to the completion of the state-wide comprehensive educational information network. The State School Superintendent shall also produce a state profile which shall be a summary of the local school system profiles and a comparison of demographically similar public schools and local school systems. All profiles shall be kept at the Department of Education and shall be available for public inspection during regular business hours. Copies of the profiles or portions thereof shall be made available by the Department of Education to the public on request, subject to payment of an appropriate fee to cover the expense of publishing and distributing the profiles. The state board shall provide free of charge to each local school system and each public school within the system a current copy of the state profile and the system's profile, including all school profiles within that system. A complete current set of the state profile and all school and system profiles shall be provided by the state board free of charge to each public library in the state, to the office of the Governor, and to the House and Senate research offices. Each local school system shall maintain a current copy of its system profile in the central office and in each school for public inspection and shall
provide a copy of the profile to all news media organizations which publish or broadcast within its area. Each local school system shall also make copies of its school and system
profiles available to the public on request, subject to payment of a fee similar to that

WEDNESDAY, MARCH 16, 1994

2479

charged by the Department of Education. Each public library shall make available for public inspection current copies of all school and system profiles.
(e) The State Board of Education shall report to the education committees of the House of Representatives and the Senate on a semiannual basis as to the progress made on the implementation of this article. The reports by the state board shall include any justification for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which it anticipates will be requested through the appropriations process for local school systems to meet the intent of the General Assembly. The state board shall not include in any plan submitted to a federal agency any provision which commits future state funds beyond that which it normally receives annually through the Appropriations Act unless such plan also contains a provision which states that such initial and continuing commitment is contingent upon such funds being appropriated by the General Assembly.
{eri) The state board shall, subject te the requirements ef subparagraph (a)(l)(D) ef
exceed expectations based en performance ef- students in educational programs. A school's expectation shall be calculated based oft the demographic characteristics ef- its student body, se as te allow fer comparisons between schools te be made en an equitable
comparable achoola wiU be deemed te be significantly exceeding expectations in a- given yea* and designated 'high-achieving schools.' Schools designated as high-achieving Softools will not i&e suDjcct to comprenensive evcuufltions tor tftosc tunetions descpiucd
scftooi insintftin9 tfte desi^nfttioft fti|jft flcftievin scftool. ocwools find scnool QistPicts wnicft ftfive iidd s stflndQFds review witftin tfte i&st tour yes.PS will continue on tftc five* ycflr cycle &s mftndflted Dy isw.
(f) The State Board of Education shall prescribe such policies, procedures, and instruments as are deemed necessary for the effective implementation of this Code sectioii. F uptfteF; tfte st&te uodfd sftQii revise stste stsndftrds to tfte extent necessspy to i&e

Section 5. Said chapter is further amended by striking Code Section 20-2-283, relating to corrective plans for nonstandard public schools and school systems, and inserting in its place the following:
"20-2-283. (a) Each local unit ef administration which is designated te be nonstan-
suDmit te tne btatc Doar t ef education lor its approval a corrective plan designed te flQdrc33 an deficiencies idcntiiicd pursuant te oodc ocction \)m jl m ojt, oucn & corrective
eah action shall be initiated and completed, the evaluation procedures te be used te assess progress, the technical assistance needed te execute the corrective pta a*4 antici-
board fer a effective corrective plan, ft shall be the duty ef- regional educational service fluencies T supply memoer locfti scftool systems snd tfte L/epflrtment ot EJU uc&tion to
and request concerning the development and implementation ef- these corrective plans. Each local unit of administration failing to adopt a system -wide long-term strategic plan as required by Code Section 20-2-280 shall be designated as in noncompliance and may be sanctioned pursuant to subsection (d) of this Code section.
progress ef each nonstandard local tmit ef administration in implementing its state
has been fully implemented er the local writ has been rcdcsignated by the state board as standard er exemplary unit. Reserved.
(c) T-he State Board ef Education shall conduct a comprehensive evaluation pursuant te Code Section 20-2-282 ef each local writ ef adminiatration which is designated -by -the

2480

JOURNAL OF THE HOUSE,

state beard as nonstandard. This evaluation shall be conducted within twe years after the state board has approved its corrective plan. Reserved.
(d) In the event the State Board ef Education finds that any local unit of administration is making unsatisfactory progress relative te development or implementation efa corrective plan designated as in noncompliance pursuant to subsection (a) of this Code section, the state board shall be authorized to take ene er a combination either or both of the following actions:
(1) Increase the local fair share of a local school system pursuant to Code Section
Section 20-2-274 by an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies develop the strategic plan. Such an amount of increased local funds shall be offset by a decrease in state funds in the same amount; or
(2) Require that a local unit of administration raise from local revenue sources an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies develop the strategic plan. Such an amount of local revenue shall be in excess of any local funds required to be raised by the local unit of administration under other provisions of this article. If such additional local revenue is not raised by the local unit of administration by a state board specified date, the state board shall have the authority to withhold state funds in accordance with Code Section 20-2-243t er .
{&)--File a civil action m the superior court ef the county wherein a local school system er regional educational service agency office is located, requesting a determination
tcndcnt of ftny memoer of trie ro^ionfti eduetitiondi service fluency DOSPQ of control or regions! education 8.1 service fluency directop fifts oy flcuoft OF iflsctiom prevented of delayed implementation ef the corrective plan. If the court finds that any such official

nsve tne power to flppomt ft trustee to ensure trie order of tne court is corned out. /Yny expenses of costs incurred uy trie trustee tft cflrryin^j out duties &9sincd oy tne

tne court msy remove tne otiictfli snd sppoint d replacement until tne vflcdncy ftft oe tilled fits provided Dy itiw. Hie court SR&II tiflve sucn powers ft& ftfe nccessflry to carry eat the provisions ef this subsection."
Section 5.1. Said chapter is further amended by striking subsection (b) of Code Section 20-2-989.1, relating to classifications for certificated personnel established by the State Board of Education remaining in effect, and inserting in its place the following subsection:
"(b) It is the intent of this part to transfer to the Professional Standards Commission all functions previously performed by the state board with regard to certification and all functions related thereto, except with regard to public librarians and those functions associated by the development and administration ef the teacher certification
tffa-t- "
LtTaU.
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that Section 3 of this Act shall not become effective if another Act is passed in the 1994 regular session of the General Assembly and becomes effective so as to prohibit the State Board of Education from developing state-wide curriculum-based assessments.
Section 7. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Wall of the 82nd, Bannister of the 77th and Crews of the 78th move to amend the Floor substitute to SB 644 as follows:

WEDNESDAY, MARCH 16, 1994

2481

On page 4 delete Section c amend caption accordingly.

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

Y Ashe Y Atkins N Bailey
N Baker Y Bannister N Barfoot N Bargeron N Barnes N Bates N Benefieid Y Birdsong N Bordeaux
N Bostick Y Breedlove Y Brooks, D N Brooks, T
Brown N Buck Y Buckner Y Bunn Y Burkhalter N Byrd Y Campbell
Canty N Carlisle N Carrell Y Carter
N Cauthorn
Chambless Y Chandler N Channell
N Childers Y 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 Y Dickinson
Y Dix 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
Greene Groover
N Hammond Y Hanner N 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 Y Irvin
N James N Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston
N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly
N Lane, D Y Lane, R Y Lawrence Y Lawson
NLee Y Lewis
N Lord 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 Y Mueller
E Oliver
N O'Neal
N Orrock Y Padgett E Parham N Parrish
Patten Y Pelote
Perry
N Pinholster
YPoag Polak
N Porter Y Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
Ray N Reaves N Reichert
Y Roberts N Royal
Scoggins
N Shanahan N Sherrill
Y Shipp Simpson Sinkfield
N Skipper

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

On the adoption of the amendment, the ayes were 74, nays 75. The amendment was lost.

Representative Wall of the 82nd moved that the House reconsider its action in failing to adopt the Wall amendment.
On the motion, the roll call was ordered and the vote was as follows:

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

NByrd Y Campbell
Canty
N Carlisle N Carrell Y Carter
N Cauthorn
N Chambless N Chandler N Channell N Childers Y Clark Y Coker
Y Coleman, B N Coleman, T N Corwell
Connell Cox Y Crawford Y Crews N Culbreth

Y Cummings
Y Davis, G Y Davis, M Y Dickinson Y Dix 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 Hanner

N Harris, B
Y Harris, M NHart N Heard N Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard
N Hudson Hughes
N Hugley Y Irvin N James N Jamieson Y Jenkins N Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J

E Johnston
N Jones Y Joyce Y Kaye N Kinnamon
Y Klein YLadd Y Lakly N Lane, D N Lane, R Y Lawrence Y Lawson
NLee Y Lewis
Lord Lucas Y Maddox Y Mann N Martin N McBee N McClinton

2482

JOURNAL OF THE HOUSE,

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
E Parham N Parrish N Patten

Y Pelote Perry
N Pinholster
YPoag 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 Y Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, L N Smith, P Y Smith, T N Smith, V N 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 N Teper N Thomas N Tillman N Titus Y Towery

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

On the motion, the ayes were 56, nays 109. The motion was lost.

The following amendment was read:

Representatives Kaye of the 37th, Bannister of the 77th, Klein of the 39th and Joyce of the 1st move to amend the Floor substitute to SB 644 as follows:
Page 2 between line 30 & 31 insert new subsection "d" as follows:
"(d) No state-wide long-term strategic plan adopted by the state board shall promote, endorse, or facilitate the implementation of Outcome-Based Education."

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

N Colwell Connell Cox
Y Crawford Y Crews N Culbreth
Cummings N Davis, G Y Davis, M Y Dickinson Y Dix
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
N 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 N Jamieson N Jenkins
Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J E Johnston N Jones Y Joyce YKaye
Y Kinnamon
Y Klein
YLadd Y Lakly N Lane, D N Lane, R Y Lawrence Y Lawson NLee Y Lewis
Lord Lucas Y Maddox YMann N Martin N McBee N 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 Y Padgett E Parham N Parrish N Patten
Pelote Perry N Pinholster YPoag Polak N Porter N Poston N Powell N Purcell, A Y Purcell, B
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 60, nays 98.

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

WEDNESDAY, MARCH 16, 1994

2483

The amendment was lost.

The following amendment was read:
Representative Brooks of the 103rd moves to amend the Floor substitute to SB 644 as follows:
P. 14 delete line 13 - 17 P. 14 delete Section D in its entirety.

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 N Breedlove Y Brooks, D N Brooks, T
Brown NBuck Y Buckner Y Bunn Y Burkhalter
NByrd Y Campbell
Y Canty N Carlisle N Carrell
Carter N Cauthorn N Chambless Y Chandler N Channell N Childers Y Clark Y Coker
Coleman, B N Coleman, T

N Colwell Connell
Cox Y Crawford Y Crews N Culbreth N Cummings N Davis. G Y Davis, M
Dickinson YDix
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 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 Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston N Jones Y Joyce Y Kaye 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 Y Mann N Martin N McBee N McClinton N McKinney Y Milam
Y Mills

N Mobley, B Y Mobley, J Y Moore
N Mosley Y Mueller E Oliver
N O'Neal N Orrock N Padgett E Parham N Parrish N Patten N Pelote
Perry Y Pinholster Y Poag
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 N Sinkfield
N Skipper

On the adoption of the amendment, the ayes were 57, nays 107. 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
Y Titus Y Towery
Trense N Turnquest Y Twiggs Y Vaughan
N Walker Y Wall N Watson N Watts Y Westmoreland N White
Williams, B Y Williams, R Y Yates N Yeargin
Murphy, Spkr

The following amendment was read:

Representative Johnson of the 84th moves to amend the Floor substitute to SB 644 as follows:
Page 4 line 14 after the period add "Each local school system plan shall be placed on the next regular election ballot for approval by the voters".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

2484

JOURNAL OF THE HOUSE,

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 N Brooks, D
N Brooks, T Brown
N Buck N Buckner
Y Bunn N Burkhalter N Byrd N Campbell
N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambiess N Chandler N Channell N Childers Y Clark Y Coker Y Coleman, B N Coleman, T

N Colwell
Connell Cox N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Dickinson YDix 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 N Harris, M NHart N Heard N Hegstrom Y Hembree N Henson
Holland N Holmes

N Howard N Hudson N Hughes N Hugley
N Irvin N James N Jamieson
Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston N Jones Y Joyce
YKaye N Kinnamon Y Klein NLadd Y Lakly N Lane, D N Lane, R Y Lawrence
Lawson
N Lee N Lewis
Lord N Lucas Y Maddox YMann N Martin
N McBee N 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 E Parham N Parrish N Patten Y Pelote
Perry Y Pinholster YPoag N Polak N Porter
N Poston N Powell
N Purcell, A N Purcell, B N Randall Y Randolph YRay N Reaves
N Reichert Y Roberts
Royal N Scoggins N Shariahan N Sherrill Y Shipp N Simpson N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 47, nays 119. The amendment was lost.

N Smith, C N Smith, L N Smith, P N Smith, T N Smith, V N Smith, W N Smyre N Snow N Stancil, F
Y Stancil, S N Stanley, L
N Stanley, P Y Stephenson N 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 Y Wall N Watson N Watts Y Westmorland Y 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 Floor substitute to SB 644 as follows:
Add after "appropriation" on line 4 page 3 the following:
"For this specific purpose".

The Floor substitute, as amended, was adopted.

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

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

Bostick N Breedlove N Brooks, D Y Brooks, T
Brown YBuck N Buckner N Bunn N Burkhalter NByrd N Campbell
N Canty

Y Carlisle N Carrell N Carter N Cauthorn
Chambiess N Chandler Y Channell N Childers
N Clark N Coker N Coleman, B
Coleman, T

Y Colwell Connell
YCox N Crawford N Crews Y Culbreth N Cummings N Davis, G N Davis, M N Dickinson NDix
Dixon, H

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

WEDNESDAY, MARCH 16, 1994

2485

N Groover
Y Hammond
Y Manner Y Harris, B N Harris, M Y Hart
Y Heard
Y Hegstrom N Hembree Y Henson N Holland Y Holmes Y Howard
Y Hudson N Hughes Y Hugley N Irvin Y James N Jamieson
N Jenkins
N Johnson, D.H
N Johnson, E
N Johnson, G N Johnson, J

E Johnston
Y Jones N Joyce N Kaye Y Kinnamon N Klein NLadd N Lakly N Lane, D Y Lane, R N Lawrence Y Lawson NLee N Lewis
Lord N Lucas N Maddox N Mann Y Martin Y McBee N McClinton Y McKinney Y Milam
N Mills

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

NRay N Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill N Shipp Y Simpson Y Sinkfield N Skipper Y Smith, C N Smith, L Y Smith, P N Smith, T N Smith, V N Smith, W Y Smyre Y Snow Y Stancil, F N Stancil, S N Stanley, L Y Stanley, P

Y Stephenson N Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus N Towery
Trense Y Turnquest N Twiggs N Vaughan N Walker N Wall N Watson N 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, as amended, the ayes were 72, nays 90. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Godbee of the 145th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 644.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Colwell Connell
YCox N Crawford N Crews Y Culbreth Y Cummings N Davis, G N Davis, M N Dickinson NDix
Dixon, H Y Dixon, S N Dobbs N Ehrhart YEpps N Evans
Felton Floyd, J.M N Floyd, J.W Y Godbee Y Golden N Goodwin N Greene N 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 Y Jamieson N Jenkins N Johnson, D.H N Johnson, E N Johnson, G
N Johnson, J E Johnston Y Jones N Joyce NKaye
Y Kinnamon N Klein NLadd N Lakly N Lane, D Y Lane, R N Lawrence N Lawson NLee N Lewis
Lord Y Lucas N Maddox N Mann Y Martin Y McBee
N McClinton
McKinney Y Milam N Mills

On the motion, the ayes were 83, nays 80. The motion prevailed.

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

Y 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 N Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman N Titus N Towery
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 Y Yeargin
Murphy, Spkr

2486

JOURNAL OF THE HOUSE,

The Speaker assumed the Chair.

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 licensing requirements for professional counseling.

The following Committee substitute was read and adopted:

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 licensing requirements for professional counseling; 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 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," is amended by adding between paragraphs (3) and (4) of Code Section 43-10A-3, relating to definitions, the following paragraph:
"(3.1) 'Commission on Rehabilitation Counselor Certification' means the national certifying agency for rehabilitation counselors as recognized by the National Commission for Certifying Agencies."
Section 2. Said chapter is further amended by striking subsections (b) and (c) of Code Section 43-10A-7, relating to licensing requirements for professional counselors, and inserting in their place new subsections (b) and (c) to read as follows:
"(b) The prohibition of subsection (a) of this Code section shall not apply to the following persons:
(1) Persons licensed to practice medicine or psychology under Chapter 34 or 39, respectively, of this title;
(2) Persons engaged in the practice of a specialty as an employee of any agency or department of the federal government or any licensed hospital or long-term care facility, but only when engaged in that practice as an employee of such agency, department, hospital, or facility;
(3) (A) Persons who, prior to July 1, 1997, engaged in the practice of a specialty as an employee of any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or departmentt .
(B) Persons who engage in the practice of social work as employees of any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such agency or department, and persons or entities which contract to provide social work services with any agency or department of the state or any of its political subdivisions, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing social work services pursuant to those contracts and shall only be exempt until January 1, 1996t ad .
(C) Persons who engage in the practice of professional counseling as employees of the Department of Corrections, Department of Human Resources, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such department, board,

WEDNESDAY, MARCH 16, 1994

2487

or entity and persons or entities which contract to provide professional counseling services with such department or board of health, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing professional counseling services pursuant to those contracts and shall only be exempt until January 1, 1996; a4 (4) Students of a recognized educational institution who are preparing to become practitioners of a specialty, but only if the services they render as such practitioners are under supervision and direction and their student status is clearly designated by the title 'trainee' or 'intern'; (5) Persons who have obtained a master's degree from a program accredited by the Council on Social Work Education and who are practicing social work under direction and supervision while preparing to take the master's social work licensing examination, but only for a period of up to one year following the granting of such degree; (6) Persons who have obtained one of the graduate degrees required for licensure as a professional counselor or marriage and family therapist and who are practicing such specialty under supervision and direction in order to obtain the experience required for licensure; (7) Elementary, middle, or secondary school counselors and school social workers certificated as such by the Department of Education, Professional Standards Commission, or its successor agency but only when practicing within the scope of such certification and only when designated by the title 'school counselor,' 'school social worker,' or a title designated by the school system in which they are employed for persons practicing within such certification; (8) Persons registered as rehabilitation suppliers by the Georgia Board of Workers' Compensation, including those registered as of July 1, 1992, but only when practicing rehabilitation counseling as a rehabilitation supplier for workers workers' compensation claimants and only so long as they do not use any titles other than titles describing the certifications or licenses they are required to hold under Code Section 34-9-200.1; (9) Active members of the clergy but only when the practice of their specialty is in the course of their service as clergy;
(10) Members of religious ministries responsible to their established ecclesiastical authority who possess a master's degree or its equivalent in theological studies;
(11) Persons engaged in the practice of a specialty in accordance with Biblical doctrine in public or nonprofit agencies or entities or in private practice;
(12) Persons engaged in the practice of a specialty as an employee of the Division of Family and Children Services of the Department of Human Resources but only when engaged in such practice as an employee of that division;
(13) Persons who have obtained a master's degree from a program accredited by the Council on Social Work Education and who are engaged in the practice of community organization, policy, planning, research, or administration may use the title 'social worker' and may only engage in such practice; and
(14) Persons who have obtained a bachelor's degree in social work from a program accredited by the Council on Social Work Education may use the title 'social worker" and may practice social work, but they may not practice autonomously and may only practice under direction and supervision, and, notwithstanding the definitions in paragraphs (5) and (15) of Code Section 43-10A-3, such supervision shall be provided by a social worker who, as a minimum, has been awarded a bachelor's or a master's degree in social work from a program accredited by the Council on Social Work Education and who has completed at least two years of post-degree practice in the field of social workv j and
(15) Persons who engage in the practice of professional counseling, excluding the use of psychotherapy, as employees of organizations which maintain, now or in the future, accreditation from the Commission on Accreditation of Rehabilitation Facilities or the national Accreditation Council for Agencies Serving the Blind and Visually Handicapped, but only when those persons are providing those services as employees of those organizations pursuant to contracts between such organizations and the state

2488

JOURNAL OF THE HOUSE,

or a department, agency, county, municipality, or political subdivision of the state; such persons shall be exempt until January 1^ 2000. (c) Unless exempt under paragraph (1), (2), (4), (5), (6), (11), (13), er (14), or (15) of subsection (b) of this Code section, a person who is not licensed under this chapter shall not practice a specialty for any corporation, partnership, association, or other business entity which uses in its corporate, partnership, association, or business name any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty."
Section 3. Said chapter is further amended by adding between paragraphs (2) and (3) of subsection (a) of Code Section 43-10A-11, relating to licensing requirements for professional counselors, a new paragraph to read as follows:
"(2.1) (A) A master's degree in rehabilitation counseling or in a program that is primarily counseling in content from a recognized educational institution;
(B) An internship or practicum supervised either by a supervisor, as defined in paragraph (16) of Code Section 43-10A-3, or by a Certified Rehabilitation Counselor certified as such by the Commission on Rehabilitation Counselor Certification;
(C) The Certified Rehabilitation Counselor designation from the Commission on Rehabilitation Counselor Certification; and
(D) Three years of post-master's directed experience providing rehabilitation services in a rehabilitation setting under supervision provided either by a supervisor, as defined in paragraph (16) of Code Section 43-10A-3, or by a Certified Rehabilitation Counselor certified as such by the Commission on Rehabilitation Counselor Certification. Up to one year of such experience may have been in an approved practicum or internship placement as part of the degree program; or".
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins
Bailey Y Baker Y Bannister
Barfoot
Bargeron Y Barnes Y Bates
Y Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks. D Y Brooks, T
Brown YBuck
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 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 Evans
Y Felton Floyd, J.M
Y Floyd, J.W Godbee
Y Golden Y Goodwin Y Greene
Groover
Y Hammond 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 E 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 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 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 Smyre
YSnow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson
Y Streat Y Taylor
Teague

WEDNESDAY, MARCH 16, 1994

2489

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 Westmorland
Y White Y Williams, B

Y Williams, R Y Yates
Y Yeargin Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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 Annotated, relating to participation by counties and municipal corporations in federal 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 certain facilities and of day care, senior citizen, mental health, emergency, and other services.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 87 of Title 36 of the Official Code of Georgia Annotated, relating to participation by counties and municipal corporations in federal 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 certain facilities and of day care, senior citizen, mental health, emergency, and other services; to provide for contracts with public and nonprofit entities; to validate and confirm certain actions; to provide for certain ratings; 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 87 of Title 36 of the Official Code of Georgia Annotated, relating to participation by counties and municipal corporations in federal programs, is amended by striking Code Section 36-87-2, relating to authority to participate, in its entirety and inserting in lieu thereof the following:
"36-87-2. (a) Each county and municipal corporation of the State of Georgia is authorized to participate in federal programs which provide federal grants and federal loans for housing, transportation, and water and waste-water treatment and distribution purposes. Supplementary to any existing authority granted by law, counties and municipal corporations shall be authorized to exercise the following powers:
(1) To expend revenues, but shall not impose any new form of taxation; and (2) To contract:
(A) With the United States, its departments and agencies; (B) With the State of Georgia, its departments, agencies, and authorities; (C) With regional development centers, political subdivisions of the state, and public authorities of such subdivisions; and (D) With private nonprofit entities organized for the purpose of providing houa if services to persons of low and moderate income when such entities are exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986

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JOURNAL OF THE HOUSE,

when the exercise of such powers is necessary to comply with the conditions established by federal law and federal regulations for eligibility for participation in such federal programs.
(b) (1) Supplementary to any existing authority granted by law, counties and municipal corporations shall be authorized to expend public funds and participate in community development block grant programs and other federal programs to construct facilities to carry out the following purposes:
(A) Providing day-care services primarily to the children of persons of low and moderate income;
(B) Providing services to elderly persons; (C) Providing health education, literacy and English language instruction, mental health and handicap services, legal assistance, emergency food, and medical assistance to low and moderate income persons; and (D) Any combination of services authorized in this paragraph. (2) Counties and municipalities are further authorized to carry out the purposes of this subsection by contracting with public agencies and nonprofit entities described in paragraph (2) of subsection (a) of this Code section. (3) Any contracts, programs, projects, or expenditures of public funds authorized by this subsection which were entered into, carried out, undertaken, or made prior to the effective date of this subsection are validated and confirmed. M State ;encies rating applications from counties and municipal corporations for federal fundi: ! _of _ the _co_n_str_u_ct_io_n _of _da_y_-c_ar_e _facilities shall, to the extent allowed under applicable federal laws or regulations, give riority to those day-care centers located in or adjacent to industrial parks."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Channel! Y Childers Y Clark Y Coker
Y Coleman, B Y Coleman, T Y Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H Y Dixon, S Y Dobbs
Y Ehrhart YEpps
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 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 E 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
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 E 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 YRay
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
Smith, V Y Smith, W

WEDNESDAY, MARCH 16, 1994

2491

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
Y Watson Y Watts Y Westmorland

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

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.

Representative Walker of the 141st moved that the House insist on its position in substituting SB 31.
The motion prevailed.

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

HB 1078.

By Representative Jenkins of the 110th:
A bill to reconstitute the Board of Education of Jasper County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

The following Senate substitute was read:

A BILL
To amend an Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), so as to provide for education districts; to provide for submission; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), is amended by striking subsection (b) of Section 2 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) For purposes of electing members of the board of education, the Jasper County School District is divided into five education districts. One member of the board shall be elected from each such district. Those districts shall consist of the following described territory of the Jasper County School District:

2492

JOURNAL OF THE HOUSE,

Education District: 1
JASPER COUNTY VTD: 0001 MONTICELLO (Part) Tract: 9903. Block(s): 291, 378, 379, 380, 393, 394, 395, 396, 397, 404, 405, 406, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 419A, 419B, 421A, 421B, 422A, 422B, 423, 424, 425, 426A, 426B, 426C, 426D, 427A, 427B, 428, 429A, 429B, 430A, 430B, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448 Tract: 9904. Block(s): 118, 119, 120, 121, 122, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136 VTD: 0003 HILLSBORO (Part) Tract: 9904. Block(s): 115, 116, 154, 155
Education District: 2
JASPER COUNTY VTD: 0001 MONTICELLO (Part) Tract: 9901. Block(s): 185, 188, 189, 190, 192, 193, 194 Tract: 9902. Block(s): 176, 177 Tract: 9903. Block(s): 106, 107, 108, 109A, 109B, 111, 112, 113, 114, 115, 116, 117, 118A, 118B, 119, 120, 125, 126, 127, 130, 131, 132, 133, 134, 135A, 139, 140, 238A, 238B, 265A, 266, 267, 401, 407, 408, 409 VTD: 0002 SHADY DALE VTD: 0006 WYATT (Part) Tract: 9902. Block(s): 135, 136, 173
Education District: 3
JASPER COUNTY VTD: 0001 MONTICELLO (Part) Tract: 9901. Block(s): 191 Tract: 9903. Block(s): 135B, 136, 137, 138, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 292, 293, 361, 362, 363, 364, 372, 373, 374, 375, 376, 377, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392 Tract: 9904. Block(s): 123, 124, 125, 126, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 164, 165, 166, 180, 181, 182, 189, 190, 191, 192, 193 VTD: 0003 HILLSBORO (Part) Tract: 9904. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 117, 153, 156, 157, 158, 159, 160, 161, 162, 163, 167, 168,

WEDNESDAY, MARCH 16, 1994

2493

169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 183, 184, 185, 186, 187, 188, 194, 195, 196, 197 VTD: 0004 MARTIN BURNEY (Part) Tract: 9903. Block(s): 223, 295, 296, 297, 332, 333, 334, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 357, 358, 359, 360, 365, 366, 367, 368, 369, 370, 371 VTD: 0005 THOMPSON AND BARNES (Part) Tract: 9903. Block(s):224
Education District: 4
JASPER COUNTY VTD: 0001 MONTICELLO (Part) Tract: 9902. Block(s): 168, 169, 170, 171, 172, 174, 175, 178, 179, 180, 181 Tract: 9903. Block(s): 101, 102, 103, 104, 105, 110, 121, 122, 123, 124, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 239A, 239B, 239C, 240A, 240B, 241, 242, 243, 244, 245, 246, 257, 258, 259, 260, 261, 262A, 262B, 263A, 263B, 264A, 264B, 264C, 265B, 265C, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284A, 284B, 285A, 285B, 286, 287, 288, 289, 290, 294, 402, 403, 420 VTD: 0004 MARTIN BURNEY (Part) Tract: 9903. Block(s): 219, 220, 221, 222, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 335, 352, 353 VTD: 0005 THOMPSON AND BARNES (Part) Tract: 9902. Block(s): 165, 166, 167 Tract: 9903. Block(s): 213, 214, 215, 218, 225
Education District: 5
JASPER COUNTY VTD: 0004 MARTIN BURNEY (Part) Tract: 9902. Block(s): 182, 183, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 VTD: 0005 THOMPSON AND BARNES (Part) Tract: 9902. Block(s): 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 124, 125, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 184, 185, 186, 187 Tract: 9903. Block(s): 216, 217, 301, 302, 354, 355, 356 VTD: 0006 WYATT (Part) Tract: 9901. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 154, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 196, 197 Tract: 9902.

2494

JOURNAL OF THE HOUSE,

Block(s): 101, 102, 103, 104, 105, 106, 118, 119, 120, 121, 122, 123, 126, 127, 128, 129, 130, 131, 132, 133, 134, 137, 138"

Section 2. It shall be the duty of the Board of Education of Jasper County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval. If, as of the first date of qualifying for the general primary in 1994, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then this Act shall not apply to the general primary and general election held in 1994 but shall, upon approval, apply to all future such elections for the Board of Education of Jasper County.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Jenkins of the 110th moved that the House agree to the Senate substitute to HB 1078.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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

Mr. Speaker:
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 800. By Representatives Jenkins of the 110th, Smith of the 109th and Lucas of the 124th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that certain charges with respect to certain coin operated devices shall constitute retail sales for purposes of state sales and use taxation; to repeal an exemption from state sales and use tax with respect to certain gross revenues of certain amusement machines.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Henson of the 55th, Starr of the 44th and Perdue of the 18th.

The Speaker announced the House in recess until 1:00 o'clock this afternoon.

WEDNESDAY, MARCH 16, 1994

2495

AFTERNOON SESSION

The Speaker called the House to order.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute, as amended by the Senate, to the following Bill of the Senate:
SB 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.
The Senate insists on its amendment to the following Bill of the House:
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 Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 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 certain information to be exchanged between parties to a motor vehicle accident; 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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Tysinger of the 41st, Pollard of the 24th and Bowen of the 13th.
Representative Lane of the 55th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

2496

JOURNAL OF THE HOUSE,

SB 723 Do Pass SB 724 Do Pass

Respectfully submitted, Is/ Lane of the 55th
Chairman

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1375

The Committee of Conference on HB 1375 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1375 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ George Hooks Senator, 14th District

/s/ Terry L. Coleman Representative, 142nd District

Is/ Charles W. Walker Senator, 22nd District

/a/ Larry Walker Representative, 141st District

/s/ Pete Robinson Senator, 16th District

/s/ Thomas B. Buck, III Representative, 135th District

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.
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.

WEDNESDAY, MARCH 16, 1994

2497

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....................................................................!

24,203.650 12,482,319
3,809,504 2,789,448
86,500 7,000
0 183,500
488,000
5,000 656,000 103,970
2,389,609 70,000
1,132,800 24,203,650 24,203,650

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total

!

3,559,136

!

707,675

!

1,172,625

$

5,439,436

3,559,136 707,675
1,172,625 5,439,436

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

!

9,204,912

!

517,887

$

1.324,270

$

11,047,069

9,204,912
517,887 1,324,270 11,047,069

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

!

2,459,165

!

2,254,263

!

1,029,240

$

1,974,477

$

7,717,145

2,459,165 2,254,263 1,029,240 1,974,477 7,717,145

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however,

2498

JOURNAL OF THE HOUSE,

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

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................$

16,988,425 14,245,693
428,820 560,650 105,102 47,380 852,070 433,395 _____ 4,594,033 1,485,605 6,079,638 5,433,395

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

6,269,416 5,615,839
703,577 6,319,416 6,269,416

Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$

51,050,860

WEDNESDAY, MARCH 16, 1994
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.............................................................
PART III.
EXECUTIVE BRANCH
Section 12. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services..................................

2499
49,839,417 1,969,089 168,158 135,417 1,242,858 53,354,939 51,050,860
1,023,530
652,490 513,260 139.230 652,490 652,490
1,802,442 1,262,686
76,500 70,756 26,700 20,000 12,000 33,800 300,000 1,802,442 1,802,442
148,808
2,000,000
1,244,331 561,763 682,568
1,244,331 1,244,331
36,140,264

2500

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 ......................................................$ 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....................................................................!

42,444,445 11,667,606
270,459 174,200 1,968,391 11,691,066 2,772,902 3,279,622 4,287,065 11,305,000 46,500
2,750,000
500,000
300,000 48,553,700
683,000 21,000,000
250,000
35,000 163,978,956 36,140,264

Department of Administrative Services Functional Budgets

Total Funds

State Funds

Executive Administration Departmental Administration Statewide Systems Space Management Procurement Administration General Services Central Supply Services Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Mail and Courier Services Risk Management State Properties Commission Distance Learning and
Telemedicine Office of the Treasury Total

1,821,451 2,850,123 11,025,460
493,362 2,856,088
413,823 17,174,449 48,036,887 3,699,601 61,469,426 6,941,632 2,131,569 1,251,839 2,520,444
470,332
0 822,470 163,978,956

619,823 2,746,241 8,275,460
493,362 2,856,088
0 0 13,766,925 0 5,850,000 0 0 0 239,563 470,332
0 822,470 36,140,264

B. Budget Unit: Georgia Building Authority....................................! Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................!

0 20,059,211 4,914,086
20,700 302,000 219,725 112,200
12,700 161,340

WEDNESDAY, MARCH 16, 1994

2501

Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Contractual Expense .....................................................................$ Facilities Renovations and Repairs ..............................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

335,000 0
8,950,000 1,047,272
0 36,134,234
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

$

12,530,720

$

1,743,917

$

0

$

36,134,234

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 .................................. Payments to Athens and Tifton
Veterinary Laboratories ............................... Poultry Veterinary Diagnostic Laboratories
in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe....................................................

35,951,993 31,024,092 4,153,363
896,000 446,460 391,082 359,078 791,341 402,901 957,050 860,000
2,515,782
2,130,411

2502

JOURNAL OF THE HOUSE,

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.........................................

412,000 127,000 175,000
618,360
250,000
700,000 0
40,000 0
47,249,920 35,951,993

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

4,910,852 7,269,912 2,014,267 3,145,432 3,825,770 2,137,076 3,296,945
7,906,611 4,327,897 5,195,637
722,410 2,497,111 47,249,920

4,589,852 7,033,210 1,962,202 3,020,432 3,579,170 2,137,076 3,171,945
5,038,264 1,810,094 1,572,637
0 2,037.111 35,951,993

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....................................................................$

0 851,649 170,568
5,000 12,500 35,150 5,000
0 7,420 7,950 75,000 113,200 1,283,437
0

Section 15. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance .............................................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$

8,614,966 6,982,155
384,985 392,080 104,080

WEDNESDAY, MARCH 16, 1994

2503

Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

26,730 341,668 302,436 70,832
10,000 8,614,966 8,614,966

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....................................................................!

89,554,868 62,348,191 4,453,680
765,800 234,700 304,095 255,600 1,540,689 738,400 2,660,000 2,027,600 547,600
2,686,400 13,329,313
308,000 28,000 92,228,068 89,554,868

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

21,844,403 8,043,669 7,923,791 4,542,423 4,915,500 15,937,033 2,979,860
901,314 964,130 15,132,820
895,497
671,091
7,356,537 120,000
92,228,068

21,044,903 7,701,969 7,585,491 4,373,823 4,690,400 15,937,033 2,979,860
901,314 964,130 14,332,820
895,497
671,091
7,356,537 120.000
89,554,868

Section 17. Department of Community Affairs.
Budget Unit: Department of Community Affairs...............................

29,116,263

2504

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......................................................! 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....................................................................!

5,646,703 230,905 157,750 12,000 6,040 169,000 549,166 46,211 215,700 0
2,272,825 3,880,890
94,731
30,000,000
250,000
257,480 100,000 750,000
4,625,000
7,685,000
1,695,467
2,000,000
750,000
180,000 61,574,868 29,116,263

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of Commissioner Government Management Financial Assistance Coordinated Planning Total

$

25,516,202

!

1,534,235

!

32,085,782

!

2,438,649

!

61,574,868

24,242,135 1,534,235 1,064,998 2,274,895 29,116,263

Section 18. 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 ......................................

631,865,608 445,080,150 62,560,607
2,110,975 3,114,564 4,169,710 5,012,000 5,581,082 5,822,295

WEDNESDAY, MARCH 16, 1994

2505

Per Diem, Fees and Contracts.................. Capital Outlay ............................................. Utilities......................................................... Court Costs................................................... County Subsidy........................................... County Subsidy for Jails............................ County Workcamp Construc'tion 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................................

6,377,814 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
352,357 0
637,823,693 450,000 0
631,865,608

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

67,746,619

$ 463,081,827

$ 106.995,247

$ 637,823,693

66,755,519 461,251,002 103.859.087 631,865,608

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....................................................................!

37.933,656 30,885,996 1,140,630
678,400 264,500 167,500 428,130 2,623,000 838,000 252,500 650,000
5,000 37,933,656 37,933,656

Section 19. Department of Defense. Budget Unit: Department of Defense ................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...................,................................,..........$ Equipment........................................................................................! Computer Charges...............................,................................,..........! Real Estate Rentals ........................................................................$

4,087,965 7,084,802 4,724,530
22,550 0
24,000 11,000 10,000

2506

JOURNAL OF THE HOUSE,

Telecommunications .................. Per Diem, Fees and Contracts. Capital Outlay ............................ Total Funds Budgeted............... State Funds Budgeted...............

41,845 547,400
0 12,466,127 4,087,965

Department of Defense Functional Budgets

Total Funds

State Funds

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

$

1,361,592

$

4,604,969

$

6,499,566

$

12,466,127

1,237,315 533,129
2,317,521 4,087,965

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.......................................................... Non-QBE Grants:

3,424,038,321
38,964,163 3,958,764 1,063,842
138,000 366,586 12,521,311 1,495,141 1,242,587 16,866,139 764,752 25,000
775,391,628 735,657,774 286,005,522 151,108,426 104,603,623 299,194,977 43,433,599 65,783,964
29,835,699 89,791,383 615,148,563 130,609,130 (635,320,498)
0
116,776,474
149,778,370 3,609,604 20,872,296 57,066,117 61,396,016
416,000

WEDNESDAY, MARCH 16, 1994
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 & 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)...........................................................! 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 .......................................................$
Environmental Science Grants......................................................! Pay for Performance.......................................................................!

2507
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 21,979,854
3,991,103 2,972,200 6,448,277
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
8,601,007 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
100,000 1,650.000

2508

JOURNAL OF THE HOUSE,

Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

3,959,705,709 340,000
3,424,038,321

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

$

4,891,919

$

22,737,569

$

1,194,075

$

25,251,325

$

6,430,750

$

837,039

! 3,882,649,424

$

4,700,018

$

6,316,309

$

4,697,281

$ 3,959,705,709

!

4,276,036

!

18,283,984

!

1,105,305

$

20,882,683

!

3,114,536

$

837,039

! 3,360,597,594

!

4,486,530

!

6,128,184

!

4,326,430

! 3,424,038,321

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 ..................................................$ Distant Learning - Satellite Dishes..............................................$ Model Technology Schools ............................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

107,300,000 80,000,000 6,300,000
500,000 1,000,000 8,500,000
900,000 2,300,000
7,800,000
107,300,000 107,300,000

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....................................................................!

2,880,000 1,582,338
337,000 20,500
0 13,113 532,528 302,000 24,886 1,091,500 2,880.000 6,783,865 2,880,000

Section 22. Forestry Commission. Budget Unit: Forestry Commission....................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$

34,884,307 29,005,181 5,472,475
150,185 1,265,696 1,682,392
300,200
52,455

WEDNESDAY, MARCH 16, 1994

2509

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....................................................................!

951,378 475,898
0
30,000
60,000 258,219 39,704,079 34,884,307

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

$

1,939,405

!

33,714,258

$

4,050,416

$

39,704,079

$

112,110

!

30,889,936

$

3,882,261

$

34,884,307

Section 23. 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.........................................................!

41,358,201 31,114,604 2,547,021
505,589 1,006,000
773,845 1,529,394 1,883,202
767,110 722,436 509,000
0 41,358,201 41,358,201

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

$

3,372,654

$

9,952,847

!

12,537,697

$

6,899,244

!

8,595,759

!

41,358,201

!

3,372,654

$

9,952,847

$

12,537,697

$

6,899,244

!

8,595,759

$

41,358,201

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......................................................!

28,040,854 14,502,386
905,428 296,444
0 130,596 628,555 1,052,178 344,311 36,238,515

2510

JOURNAL OF THE HOUSE,

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....................................................................!

3,184,094 40,000
4,350,000 165,000
3,007,357 359,004 60,000 0 290,975
1,112,317
100,000 684,400 1,044,200
0 60,000 68,555,760 28,040,854

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

$

7,739,094

933,483

6,440,286 4,135,365 2,533,565 33,801,006

352,830

558,546

1,516,899

1,740,768 306,827

3,741,288

4,526,655

229,148 68,555,760

$

7,739,094

$

795,474

$

6,440,286

$

3,353,365

$

2,533,565

$

276,127

$

85,404

$

558,546

$

399,959

$

513,268

$

306,827

$

3,741,288

$

1,068,503

$

229,148

$

28,040,854

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...........................................................................

651,064,021
57,489,123 1,900,250 1,285,367

WEDNESDAY, MARCH 16, 1994

2511

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....................................................................!

1,326,625 123,349
4,953,294 757,627
1,334,901 635,431 244,000
30,809,504 33,464,087
67,500 961,336
13,913,085 149,265,479
412,600 93,146,883

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

973,240 2,094,214
30,809,504
27,492,910 5,606,386 2,012,276
673,182 2,859,304
8,623,498 6,080,909 5,623,547 1,805,459 1,719,924
0 516,081 50,686,150
1,688,895 149,265,479

973,240 2,094,214
22,564,521
26,143,846 4,485,460 2,012,276
663,182 2,859,304
1,960,866 2,275,651 5,423,547 1,805,459 1,719,924 (7,945,954)
516,081 23,986,371
1.608,895 93,146,883

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............

53,018,646 74,968,194
980,169 0
150,672 1,234,239 5,167,803
984,772 755,461 8,131,654
308,000
3,280,000

2512

JOURNAL OF THE HOUSE,

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
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

12,002,935 1,193,168 1,433,731
2,072,017
4,130,386
5,298,173
2,207,055 7,910,196 78,003,523 55,041,918 13,240,800 2,910,395 1,708,630
588,638 958,300
5,707,977
1,070,791 1,388,707 1,930,608 1,017,913
511,006 4,310,700
853,911 301,635 1,713,651 1,833,430 1,248,654 1,445,620 5,355,679 3,944,655 515,748 7,896,914

60,000 653,222 672,400 672,246 11,815,246 95,144,925 34,500 139,801
821,135 258,993,085
549,718 138,542,952
State Funds
11,873,260 947,639
1,223,556
1,542,017
3,734,084
5,186,173
326,612 4,350,608
0 54,185,918
7,758,525 1,853,847 1,580,599
449,503 0
5,227,535
741,139 523,082 819,417 1,017,913 511,006 4,310,700 656,686 301,635 1,580,050 1,609,737 1,025,836 1,269,527 5,235,679 1,493,771 336,299 4,110,809

WEDNESDAY, MARCH 16, 1994

2513

Vaccines Drug and Clinic Supplies Adolescent Health Public Health -
Planning Councils Early Intervention Public Health -
Division Indirect Cost Total

11,462,507 3,220,025 3,028,375
172,330 11,362,384
0 258,993,085

508,816 2,485,942 1,974,275
155,178 9,171,297
(1,535,718) 138,542,952

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....................................................................!

68,077,629 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 9,131,679 148,554 912,445 734,188 132,630,294 100,000 22,407,349

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

i

43,323,823

i

581,518

i

1,711,077

!

8,208,236

i

7,020,878

!

1,017,410

I

3,707,700

I

701,682

i

32,188,837

:

12,070,947

I

22,098,186

1

132,630,294

8,923,416 581,518 840,517
3,234,533
1,493,678
0
1,268,731 701,682 0
861,387
4,501,887 22,407,349

4. Family and Children Services Budget: Personal Services................................... Regular Operating Expenses............... Travel...................................................... Motor Vehicle Purchases..................... Equipment..............................................

42,058,297 3,599,474
723,173 0
348,301

2514

JOURNAL OF THE HOUSE,

Real Estate Rentals........................ Per Diem, Fees and Contracts ...... Computer Charges........................... Telecommunications....................... Children's Trust Fund.................... Cash Benefits................................... Special Purpose Contracts............. Service Benefits for Children........ Purchase of Service Contracts ...... Postage.............................................. Grants to County
DFACS - Operations................... Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

Family and Children Services Functional Budgets

Total Funds

Director's Office Social Services 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

$

392,582

$

4,203,192

$

5,735,820

$

3,747,990

$

11,812,816

$

1,113,164

$

1,956,998

$

27,561,625

$

49,598,729

$ 460,160,668

$

100

$

2,799,421

$

12,966,539

$ 103,504,250

$

83,874,318

$

3,053,351

$

7,688,443

$

57,893,073

$

12,165,790

$

26,196,997

$

2,884,700

$

32,999,018

$

8,399,105

$

2,198,812

$

9,538,644

$

10,375,743

$

90,303,653

$

152,058

$

1,620,548

$

1,521,000

$

0

..$

2,618,805

..$

17,996,733

..$

23,398,034

..$

3,990,060

..$

1,095,001

..$

475,072,728

..$

4,372,441

..$

175,368,346

..$

17,214,020

..$

3,437,860

..$

265,125,874

..$

1,036,419,147

..$

2,565,582

..$

396,966,837

State Funds

$

392,582

$

3,825,008

$

4,549,535

$

3,747,990

$

1,060,447

$

1,113,164

$

1,775,541

$

12,391,277

$

2,615,249

$ 173,526,588

$

100

$

0

$

0

$

51,601,975

$

31,404,255

$

0

$

2,257,516

$

27,083,660

$

4,589,157

$

10,841,651

$

2,262,504

$

20,682,619

$

6,725,777

$

1,920,404

$

7,256,644

$

3,866,012

$

27,236,623

$

152,058

$

1,595,766

$

0

$

(7,507,265)

WEDNESDAY, MARCH 16, 1994

Total

$ 1,036,419,147

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...........................................................................! 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............................................................................!

2515
396,966,837
220,643,695 91,946,045 3,817,727
1,390,325 1,149,547 12,754,256 31,458,624 28,031,072 6,903,640 8,131,654
308,000
3,280,000
60,000 653,222 24,687,235 27,675 672,400 1,095,001 475,072,728 5,981,074 206,177,850 71,625,032 95,144,925
250,554 912,445 5,273,185 13,913,085
821,135 265,125,874
465,950,985 366,682,923 38,709,341
316,642 698,750 1,869,029 4,708,791 262,805 2,420,742 9,147,738 11,662,611
1,789,045
48,767,402
92,233,493 30,569,016
64,022,592

2516

JOURNAL OF THE HOUSE,

Special Purpose Contract............... Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

294,118 674,155,038
2,404,100 465,950,985

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

48,807,244 32,944,800
34,569,122
25,892,791
30,594,111
33,221,552 146,500,716
26,749,729
50,238,017
24,948,549 3,708,584
10,826,103
4,104,906
71,287,286 30,212,332
745,160 543,800 1,151,348
64,022,592 444,351
1,537,887
294,701 356,684
4,313,255
14,961,931
95,472 11,082,015 674,155,038

$

28,721,447

$

14,064,191

$

28,717,292

$

21,946,847

$

21,594,619

$

25,784,116

$

88,923,826

$

21,640,558

$

25,004,580

$

20,195,462

$

2,809,466

$

10,716,686

$

3,100,764

$

34,968,028

$

26,767,915

$

745,160

$

543,800

$

1,151,348

$

59,983,400

$

444,351

$

1,342,387

$

294,701

$

356,684

$

4,313,255

$

14,961,931

95,472 6,762,699 465,950,985

Section 26. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade

WEDNESDAY, MARCH 16, 1994

2517

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.................................................! 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....................................................................!

19,316,102 8,360,275 1,494,818
335,000 32,000 60,883 152,440 947,130 227,000 690,178 171,600 6,479,578
1,450,000 50,000 50,000 0 0
20,500,902 19,316,102

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

$

10,561,880

$

4,259,672

$

960,298

$

4,719,052

$

20,500,902

$

9,732,080

$

4,114,672

!

960,298

$

4,509,052

!

19,316,102

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....................................................................!

14,648,410 12,844,345
713,762 401,560 84,000 55,750 447,756 806,814 251,433 202,990
0 15,808,410 14,648,410

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

$

4,379,113

!

6,299,191

!

435,688

!

4,694,418

!

15,808,410

!

4,379,113

$

6,299,191

$

435,688

$

3,534,418

$

14,648,410

Section 28. Department of Labor. Budget Unit: Department of Labor....................................................!

7,176,250

2518

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 (JTPA)................... Per Diem, Fees and Contracts. W.I.N. Grants ............................. Payments to State Treasury..... Capital Outlay ............................ Total Funds Budgeted............... State Funds Budgeted...............

66,661,469 5,609,533 1,102,315
0 903,198 8,302,843 2,187,517 1,166,682
69,792,752 3,020,853
0 1,774,079 1,013,125 161,534,366 7,176,250

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices/ Administrative Services
Employment and Training Services
Total

27,871,775
133,662,591 161,534,366

5,330,899
1,845,351 7,176,250

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....................................................................!

10,320,106 9,471,091
504,005 102,540
0 26,136 342,637 455,147 125,317 60,000 140,000 11,226,873 10,320,106

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....................................................................!

1,154,138,650 13,726,336 4,007,985 188,400 0 74,644 19,138,965 885,000 425,000 66,926,024
3,159,447,455 772,500
44,325,329 3,309,917,638

WEDNESDAY, MARCH 16, 1994

2519

State Funds Budgeted....................................................................

1,154,138,650

Medical Assistance Functional Budgets

Total Funds

State Funds

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

65,208,944
3,203,772,784 988,342
20,862,673 4,429,148 3,829,948 2,024,480
1,584,161 644,870
6,572,288 3,309,917,638

!

4,375,356

! 1,135,321,404

$

366,753

!

5,320,501

$

2,053,729

!

1,472,855

!

924,140

!

762,424

$

322,435

!

3,219,053

! 1,154,138,650

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......................................................................................$
Merit System Functional Budgets

0 7,880,972 1,772,962
82,440 32,625 917,345 136,502,980 3,290,473 261,965 838,823,000 989,564,762 114,920 10,196,375
979,105,270 148,197 0

Total Funds

State Funds

Commissioner's Office Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims

2,248,824 2,431,908
1,212,641 1,207,701
1,346,974
34,936,484 943,205,397

2520

JOURNAL OF THE HOUSE,

Internal Administration Total

2,974,833 989,564,762

Section 32. 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......................................................! Georgia Heritage 2000 Grants.......................................................! 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 ................................................................$ National War Museum...................................................................! 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 .................................................................!

81,472,047
67,477,298 13,006,165
477,000 2,016,107 2,219,450 2,389,732 3,495,791 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
800,000 135,000 500,000
0 106,513
170,047
80,000
187,259
300,000
0 250,000 8,918,534 5,363,868
2,354,025 100,000 7,000
121,935,858
887,210
3,804,148

WEDNESDAY, MARCH 16, 1994

2521

Receipts from Lake Lanier Islands Development Authority .................
Receipts from North Georgia Mountain Authority.......................
Indirect DOAS Funding.................... State Funds Budgeted.......................

3,362,900
1,415,630 200,000
81,472,047

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

6,942,710
39,595,302 2,387,205 32,067,653 38,958,986 1,984,002 121,935,858

6,942,710
14,242,473 2,270,955 27,709,780 29,363,980
942,149 81,472,047

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 1,912,944 1,598,081
31,000 18,000 85,000 35,000
0 36,000 625,000
0 4,341,025
0

Functional Budget

Total Funds

State Funds

Georgia Agricultural Exposition Authority

4,341,025

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.....................

93,109,840
56,915,264 7,407,438
132,617 3,700,000
626,325 4,047,061
10,356 593,000 387,400
150,000 25,000 73,994,461 1,650,000

2522

JOURNAL OF THE HOUSE,

State Funds Budgeted..

72,344,461

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..................

16,443,143 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 20,765,379
0 20,765,379

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

20,015,766

$

20,765,379

$

53,978,695

$

94,759,840

18,515,766 20,765,379 53,828,695 93,109,840

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Peace Officers Training Grants ....................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

14,005,592
7,203,140 2,586,935
87,970 68,500 198,860 235,708 102,114 144,490 646,987 3,518,370
0 14,793,074 13,698,074

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....................................................................!

429,531 28,450 9,828
0 3,168 37,080 78,161
3,800
7,500 2,760,000 3,357,518

WEDNESDAY, MARCH 16, 1994

2523

State Funds Budgeted................................................................

307,518

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

$

3,357,518

$

5,499,306

$

1,057,938

$

1,158,915

$

466,052

$

6,610,863

$

18,150,592

$

307,518

$

5,499,306

$

992,938

$

1,058,915

$

466,052

$

5,680,863

$

14,005,592

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 ........................
Motor Vehicle Purchases ...............................................................$ Equipment......................... ...............................................................$ Computer Charges................... ........................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

8,382,229 6,773,916
390,285 256,756 216,200 36,174 408,660 348,489 114,754 1,688,000 10,233,234 8,382,229

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,693,672

$

3,546,951

$

4,992,611

$

10,233,234

1,693,672 1,871,826 4,816,731 8,382,229

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.........................................................

991,109,445
1,062,872,775 140,000,000
255,384,706 150,000,000 10,688,094

2524

JOURNAL OF THE HOUSE,

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....................................................................!

308,856 338,725 319,747 4,347,000 250,000 1,624,509,903 40,000,000 290,000,000 300,373,158
3,027,300 991,109,445

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....................................................................!

155,269,081
245,195,570 68,262,264
124,691,717 38,852,768
0 1,991,867
1,890,857
2,937,583 2,484,870
146,400 6,244,350 5,141,300
332,090 2,189,510 5,960,000 1,248,086
600,000 200,000
821,295
212,983
8,078.773 517,482,283
0 106,039,476 255,618,026
555,700 155,269,081

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources

WEDNESDAY, MARCH 16, 1994

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 Office of Technology Policy Total

$

1,812,259

$

3,791,776

$

1,317,167

$ 127,199,259

!

8,463,549

$

52,846,849

$

45,079,061

$ 225,427,808

$

2,602,078

$

2,644,592

$

22,395,342

$

2,719,756

$

2,947,130

$

17,935,657

$

300,000

$ 517,482,283

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.................................................,.........................! Per Diem, Fees and Contracts......................................................! 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......................................................!

2525
1,275,471
1,460,887 916,444
12,846,183
2,437,349
34,548,196
27,620,704
30,449,184
2,602,078
493,303
22,395,342
0
90,098 17,833,842
300,000 155,269,081
0 7,098,276 9.478,750 16,577,026 16,577,026
0
33,925,000
15,000,000 2,000,000 14,875,000
2,000,000 50,000
33,925,000 33,925,000
86,628.745 55,033,453 4,596,395 1,380,174
246,000 800,122 14,637,576 2,832,804 1,114,537 558,524

2526

JOURNAL OF THE HOUSE,

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........................

3,369,000 0
3,245,955 3,496,176 91,310,716 3,845,000 86,628,745

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

6,654,475 11,410,194 8,936,662 17,946,427 7,381,105 19,185,798 7,127,628 4,321,023 4,052,863
46,000 4,248,541 91,310,716

6,654,475 11,210,194 8,121,462 17,646,427 6,681,105 17,885,798 7,127,628 3,284,052 3,723,063
46,000 4,248,541 86,628,745

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..................

26,326.479 16,173,573 3,692,497
230,350 111,000 243,162 2,030,588 2,484,990
368,304
1,337,015 700,000
27,371,479 26,326,479

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

$

3,390,158

$

4,481,050

$

4,837,064

$

3,474,652

$

1,048,300

$

372,291

$

9,767,964

$

27,371,479

3,360,158 4,406,050
4,121,064
3,454,652 994,300 372,291
9,617.964 26,326,479

B. Budget Unit: Real Estate Commission. Personal Services..................................... Regular Operating Expenses................. Travel........................................................

1,949,825 1,136,025
155,100 16,000

WEDNESDAY, MARCH 16, 1994

2527

Motor Vehicle Purchases.......... Equipment................................... Computer Charges...................... Real Estate Rentals................... Telecommunications.................. Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted...............

23,000 8,000 350,000 113,700 30,000 118,000 1,949,825 1,949,825

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

$

1,949,825

$

1,989,825

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....................................................................!

1,926,187 1,015,079
233,414 40,520 24,000 12,115 7,500 78,865 22,000 631,350 424,000 2,488,843 1,926,187

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....................................................................!

27,272,133 4,797,815
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 35,086,892 27,272,133

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

2528

JOURNAL OF THE HOUSE,

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

$

5,342,017

$

0

$

29,211,706

$

533,169

$

35,086,892

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....................................

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.......................................

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.......................................

26,738,964
533,169 27,272,133
85,697.875 48,994,747 20,143,424 4,656,704 11,563,000
240,000 100.000 85,697,875 85,697,875
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
144.432,715 3,731,235 371,335 110,500 0 15,000 406,730 334,490 158,000 704,000 99,797,501 19,869,284 0 6,518,990 25,012,445 2,758,900 15,311,383
175,099,793 144,432,715

WEDNESDAY, MARCH 16, 1994

2529

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

5,831,290 169.268.503 175,099,793

!

4,023,495

! 140,409,220

! 144,432,715

B. Budget Unit: Lottery for Education..............................................$ Computer Laboratories and Satellite Dishes - Adult Literacy ..............................................................$ Capital Outlay - Technical Institute Satellite Facilities........................................................................! Equipment-Technical Institutes...................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................!

22,550.423
1,000,000
19,147,673 2,402,750 22,550,423 22,550,423

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....................................................................!

450,915.497 244,633,944 55,888,851
1,494,910 1,522,000 5,757,602 6,077,860 1,334,773 2,503,900 47,534,677 628,498,885
1,024,100
1,167,500 9,463,781
680,000
1,007,582,783 450,915,497

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

0 1,403,525
13,597,729

0 1,016,525
5,218,972

2530

JOURNAL OF THE HOUSE,

Waterways Activities Total

680,000 15,681,254

Section 44. 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...............................................

Veterans Service Functional Budgets

Total Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

$

5,394,735

$

17,723,246

$

7,039,576

$

30,157,557

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.........................................

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).............................

680,000 6,915,497
23,661,066 4,769,335
115,123 74,200
0 183,700 11,753 238,641 57,883 23,500
17,386,621
6,970,976
325,825 30,157,557 23,661,066

State Funds

$

5,124,126

$

13,422,776

5,114,164

$

23,661,066

10,142,885 7,368,707
310,549 58,000
0 19,250 450,000 1,013,996 109,040 255,000 748,343 10,332,885 10,142,885

305,000,933
61,000,000 366,000,933

WEDNESDAY, MARCH 16, 1994

2531

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ............................................................$ Motor Fuel Tax Funds (New) ............................................................$

38,007,405
0 38,007,405

Section 47. Provisions Relative to Section 1, General Assembly. It is the intent of the General Assembly that the funds for the Budget Responsibility Oversight Commission (BROC) be used for the initial staffing of BROC. It is the further intent that BROC will meet during 1994 and decide the administrative structure of staff and placement in the General Assembly.

Section 48. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.

Section 49. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.

Section 50. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.

Section 51. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.

Section 52. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.

Section 53. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 54. Provisions Relative to Section 12, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.

2532

JOURNAL OF THE HOUSE,

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.
It is the intent of the General Assembly with reference to the development of a communications system for the state of Georgia the following criteria shall apply: 1.) The Office of Information Technology shall be responsible for evaluation of all options for a new state radio system; 2.) Reports relating to evaluation of system shall be made to the Fiscal Affairs Sub-Committee not later than September 15, 1994 with possible extention of 60 days if not completed; 3.) Selected option shall be competitively bid; 4.) Office of Information Technology shall be responsible for the development of requests for proposals relating to the various components of the communications system project; 5.) All proposals for the construction of a State System to be considered must meet standards set forth by the American Public Communications Organization.

Section 55. 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 determine the feasibility of relocating the MLK laboratories.

Section 56. 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, 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", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Port Wentworth Mitchell County Cobb County Board
of Education City of Glenville Brantley County Bacon County City of Swainsboro City of Quitman City of Thomaston Floyd County
City of Lagrange Liberty County City of Auburn

Repairs to Firehouse
Contract for Economic Growth Study
Construction of Physical Education Facility
Expansion of Continuing Education Facility
Courthouse Renovations
Courthouse Renovations
Historic District Renovations
Historical Library Facility Renovation
Preservation of Robert E. Lee Institute
Modifications to Sarah Hightower Regional Library
Renovation of Alpha MultiPurpose Center
Historic Trail Preservation Construction of Recreational

$

25,000

7,000

50,000

25,000

22,000

25,000

25,000

25,000

25,000

15,000 40,000 15,000

City of Macon
Wayne County
City of Odum
City of Buford
Americus City Board of Education
City of Stone Mountain
City of Guyton
Turner County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Rabun County
Rabun County
White County
Cobb County
Lanier County Board of Education
City of Augusta
Wayne County
City of Canon City of Menlo
Georgia Building Authority
Chatham County
City of Atlanta
Houston County
City of Clarkston

WEDNESDAY, MARCH 16, 1994
Facility Program for Youth
Athletics Purchase of Rescue
Unit Water and Sewer System
Improvements Construction of Utility
Line Planning for School
Merger Operations of Commission on Holocaust Purchase of
Vehicle Construction of Recreational
Facility Operation of Two
Thousand Opportunities Inc. Operation of Lindsey Creek Community Center Operation of Combined Communities of Southeast Columbus Construction of Public Safety Facility Renovation of Headstart Facility Robertstown Water System Construction Preservation of Historical William Root House Renovation of Education Facility Renovation of Historic Ezekiel Harris Home Operations of Motherhood and Beyond Project Water System Repairs Water System Improvements
Capitol Preservation Planning for the Maritime
Trade Center Public Access and Teacher
Education Program at Clark Atlanta University Expansion and Operation of Aviation Museum and Hall of Fame Community Development Center Operations

2533 15,000 10,000 10,000 15,000 50,000 25,000 10,000 13,300 10,000
50,000
3,000
25,000 50,000 15,000 25,000 25,000 40,000
50,000 15,000 20,000 20,000 50,000 550,000
250,000
913,000 30,000

2534 City of Stapleton
Columbia County City of Rome Columbia County Board
of Education City of Pearson Harris County Talbot County Liberty County City of Darien City of Marshallville Burke County Screven County Screven County City of Macon
Glynn County
Dougherty County
Crawford County City of Scotdale
Richmond County Board of Education
Richmond County Board of Education
Terrell County City of Rockmart City of Decatur
City of Perry

JOURNAL OF THE HOUSE,
Renovations to Volunteer Fire Department Facility
Volunteer Fire Department Operations
Camp Good Times Operation
Renovations to Evans Middle School Renovations to City
Hall Purchase of Sanitation
Truck Preservation of Historic
Records National Guard
Operation Purchase of Sanitation
Truck Preservation of Historic
District Operation of Boggs Rural
Life Center Repairs to Livestock
Facility Repairs to Fire
Station Operation of Booker
T. Washington Community Center Youth Programs Parent and Child Development Inc. Operations Purchase of Automated Fingerprint Information System Land Preparation for Industrial Park Scotdale Youth Development Program Operations Renovations to Davidson Fine Arts Magnet School Renovations to A.R. Johnson Magnet School Roof Repairs to Terrell County Library Senior Citizen Center Operations Contract for Services from Georgia School-Age Care
Association
Operation of
Genesis House

10,000 10,000 15,000 10,000 40,000 40,000 10,000 10,000 40,000 5,000 50,000 5,000 10,000
10,000
10,000
194,400 90,000
20,000
75,000
40,000 100,000 40,000
75,000 20,000

WEDNESDAY, MARCH 16, 1994

2535

Athens/Clark County
Union County
Coffee County
Puluski County
Worth County
Wilkinson County Board of Education
Mitchell County
Decatur County Board of Education
Floyd County Board of Education
City of Baxley
Union County Board of Education

Operation of Safe Campus Now Program Construction of Senior
Citizen House Operations of Highway
441 Economic Development Coalition Purchase of Equipment for Courthouse Construction on Livestock Pavillion Construction to High School Improvements to Industrial Park Construction of Physical Education Facility Purchase of Equipment for Model High School Planning for Continuing Education Facility Purchase of Equipment

30,000 100,000
25,000 25,000 10,000 25,000 25,000 25,000 25,000 25,000 48,190

Section 57. 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 chaplains as that for classified merit system positions with the same job duties.
It is the intent of this General Assembly that the department is authorized to utilize $180,000 of existing funds for the purchase of Waycross Diversion Center.

Section 58. Provisions Relative to Section 20, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education funding 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 during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SPY 1995 on the basis of oneeighteenth of the total appropriation for each Regional Development Commission Area

2536

JOURNAL OF THE HOUSE,

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 system and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited high schools.
It is the intent of this General Assembly that the Department of Education accumulate empirically-based data to support educational research and program evaluation.
It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.
Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period.
Provided, that the Governor's Scholarship Program shall include the following graduates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian.
It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sections 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be transmitted 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, first and second grade programs in schools which had pilot kindergarten programs in Fiscal Year 1993.
Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and computer software only.
Section 59. 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 compilation, publication and distribution of the Georgia Forestry Magazine and Wood-Using Industries in Georgia publications.
Section 60. 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 61. 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

WEDNESDAY, MARCH 16, 1994

2537

not from the date of application; and the following maximum benefits and maximum standards 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 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 physically or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to
providers for children placed by the department. Child day care as provided by the federal Child Care Bill. Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized 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 implementing a program of additional vaccine purchase to increase immunization rates, provided the level of such new funds is adequate to implement this action statewide, by making such vaccines available without charge to physicians licensed under Title 43, Chapter 34, and who agree not to impose a charge for such vaccine on the child recipient, the

2538

JOURNAL OF THE HOUSE,

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 acquisition 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.
Provided, that of the above appropriation for psychotropic drugs, these funds may be transferred among the MH/MR/SA institution and community programs as needed for the benefit of clients who receive these drugs. Such transfers shall not require prior budgetary approval.
It is the intent of the General Assembly that no funds appropriated to the Department which may be used to contract with Planned Parenthood of Atlanta shall be used in programs where abortion is a method of family planning. In addition, no funds appropriated to the Department which may be used for contracting with Planned Parenthood of Atlanta shall be used to pay dues to a national organization.
Provided, that of the above appropriation relative to Community Mental Health, Mental Retardation, Substance Abuse and Institutions, Haralson County is authorized to begin a pilot program for the operation of community mental health services through the Haralson County Board of Health.
It is the intent of the General Assembly that all current and future relocations of Department of Family and Children Services offices require competitive bids in selection of relocation sites.
Section 62. Provisions Relative to Section 29, Law Department. Provided, the department is authorized to use other funds for the use of upgrading computer systems.
Section 63. 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 appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists.
The Department of Medical Assistance is directed to impose the use of recipient copayments in accordance with federal guidelines in the following program areas: hospitalinpatient and outpatient, physicians, home health, rural health, nurse practitioners, drugs, non-emergency transportation, durable medical equipment, optometric, orthotics/prosthetics, ambulatory surgical centers, podiatry and physician's assistant.

WEDNESDAY, MARCH 16, 1994

2539

The department is authorized to extend medical coverage to eligible nineteen and twenty year olds in foster care.
It is the intent of the General Assembly that the Board of Medical Assistance establish a policy for setting the date to be used in determining the applicable Data Resources, Inc. rate to be used in setting the reimbursement rate for hospitals, nursing facilities and home health agencies.
Section 64. 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 65. Provisions Relative to Section 32, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated 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 66. 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 pursuit vehicles.
Section 67. 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, however 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 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 Georgia Center for Advanced Telecommunications Technology encourage and support private funding and construction of a facility that can be used by the Center for research and development of advanced telecommunications technologies, telecommunications related education, technical assistance to business and government and the transfer of technology to industry. It is the intent of this

2540

JOURNAL OF THE HOUSE,

General Assembly to recommend to future sessions of the General Assembly that the facility to house the Center's activities be leased by the Board of Regents for approximately $1,950,000 annually beginning in Fiscal Year 1996.
Section 68. Provisions Relative to Section 38, Secretary of State. Provided, that of the funds appropriated for State Examining Boards, $75,000 is authorized for board member participation at conferences related to professional regulation.
Section 69. Provisions Relative to Section 39, Soil and Water Conserva tion Commission. It is the intent of this General Assembly that no Soil Technician position be filled upon the termination of an incumbent.
Section 70. 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 committed 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.
It is the intent of the General Assembly that the Moultrie Tech satellite facility in Tift County be located on the campus of Abraham Baldwin Agriculture College.
Section 71. 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 Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 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 separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing/selling department-owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.

WEDNESDAY, MARCH 16, 1994

2541

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 Assistance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.
It is the intent of the General Assembly that the Department of Transportation design Highway 441 in Rabun County without limited access and without a divided median.
Section 72. In addition to all other appropriations for the State fiscal year ending June 30, 1995, 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 $9,812,000 for the purpose of providing operating funds for the Children's Trust Fund ($1,521,000 Budget Unit "A"), 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 providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 73. 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 74. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and costeffective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 75. 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

2542

JOURNAL OF THE HOUSE,

Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 76. 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 77. 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 78. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 79. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 80. (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 appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his

WEDNESDAY, MARCH 16, 1994

2543

audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 81. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 82. 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 83. Provisions Relative to Section 46 State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 46 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies 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)", $2,551,920 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities for the Department of Industry and Trade, 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 $27,440,000 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)", $501,270 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, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,390,000 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 appropriations designated "State General Funds (New)", $89,280 is specifically appropriated for the State Board of Education for the purpose of providing certain public library facilities for county and independent school systems, counties, municipalities, or boards of trustees of public libraries or public library systems, through the issuance of not more than $960,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)", $1,386,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through 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 facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $123,225 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 $1,325,000 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)", $644,025 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 $6,925,000 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)", $3,302,430 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 $35,510,000 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)", $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.
From the appropriation designated "State General Funds (New)", $1,036,950 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, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,150,000 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)", $2,325,000 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, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $25,000,000 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)", $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,

WEDNESDAY, MARCH 16, 1994

2545

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.
From the appropriation designated "State General Funds (New)", $17,298,000 is specifically appropriated for the purpose of financing 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 $186,000,000 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)", $627,750 is specifically appropriated for the purpose of financing 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 $6,750,000 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)", $106,950 is specifically appropriated for the purpose of financing 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 $1,150,000 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)", $532,425 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 $5,725,000 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)", $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.
From the appropriation designated "State General Funds (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.
From the appropriation designated "State General Funds (New)", $401,940 is specifically 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 facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,740,000 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)", $229,845 is specifically appropriated for the purpose of financing projects for the Department of Human

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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 $995,000 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)", $397,320 is specifically appropriated for the purpose of financing projects for the Department of Agriculture, 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 $1,720,000 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)", $207,900 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 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)", $1,185,750 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $12,750,000 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)", $344,100 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,700,000 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)", $604,500 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,069,530 is specifically appropriated for the purpose of financing projects for the Department of Administrative Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,630,000 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)", $223,200 is specifically 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 facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $96,255 is specifically appropriated for the purpose of financing projects for the Department of Industry, Trade and Tourism by means of the acquisition, construction, development, extension,

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2547

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 $1,035,000 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)", $837,000 is specifically appropriated for the purpose of financing projects for the Department of Administrative Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 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)", $697,500 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority (Penal) 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 84. 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 cost-of-living increase of 4"o 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 General Assembly, as amended, as authorized in said act, Code Section 45-7-4, effective July 1, 1994. Members of the General Assembly shall receive a 2% cost-of-living salary increase, effective July 1, 1994. 3.) To provide for a 5% increase in state base salary on the teacher salary for the State Board of Education and the Board of Technical and Adult Education, effective September 1, 1994 and provide a 4% increase for school bus drivers and lunchroom workers effective July 1, 1994. 4.) To provide 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 academic 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, Special Agent-incharge, Inspector, Assistant Deputy Director, Trooper Cadet, Trooper, Trooper First Class, Corporal, Sergeant, Lieutenant, Captain, Sergeant First Class (Post Commander), Sergeant (Assistant Post Commander), 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 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 onestep 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. 9.) To provide for a 4% salary increase for personnel appointed pursuant to Chapter 18 of Title 15 of the Official Code of Georgia relating to district attorneys, effective July 1, 1994.
Section 85. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1995.........................................................................................$9,785,260,431
Section 86. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 87. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that the House adopt the report of the Committee of Conference on HB 1375.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Y Birdsong 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 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 N Davis, M Y 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
Goodwin Y Greene Y Groover Y Hammond Y Hanner
Harris, B N Harris, M
Y Hart Y Heard Y Hegstrom
N Hembree Y Henson Y Holland Y Holmes

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 E Johnston Y Jones
N Joyce NKaye Y Kinnamun N Klein NLadd N 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
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 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 N Smith, V
Y Smith, W Y Smyre YSnow
Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor
Teague N 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 Westmorland
White Y Williams, B Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 143, nays 25. The motion prevailed.

Representative Goodwin of the 79th would like to be recorded as voting "nay" on the preceding roll call.

House of Representatives Legislative Office Building, Room 404
Atlanta, Georgia 30334
March 16, 1994
Clerk, House of Representatives
Pursuant to Rule 137, I submit these comments to explain my "NO" vote on HB 1375:
"Many items in the almost $10 billion budget I support including: teacher pay raises of 5%, $1.65 million for Pay for Performance (merit pay) for teachers who qualified and exceed agreed upon educational improvement goals (almost one-third are in Cobb County) and funding to open up prisons that were vacant for years. I voted "NO" to continued waste, unacceptable levels of new bond debt and a process that is closed to all but a few inner-circle "good ol' boys".

WEDNESDAY, MARCH 16, 1994

2549

Many items in the budget are not legitimate functions of government and should not be funded. These include funds for another golf course (politically correct term: "rural development"), Georgia Boxing Commission, Music and Sports Hall of Fame, ad nauseam. Many other items are local in nature and should be funded by local political subdivisions, not the state.
The Next Generation School Project, advocating Outcome-Based Education and a move to a one-world global government is fully funded and I oppose this. There is no academic intent, is Anti-American and will try to replace the Judeo-Christian values that form the cornerstone of our great nation.
/&/ Mitchell Kaye

House of Representatives Legislative Office Building, Room 501
Atlanta, Georgia 30334
March 16, 1994
Mr. Robert E. Rivers, Clerk House of Representatives Room 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Clerk:
Pursuant to Rule 137, I submit these comments to explain my "no" vote on H.B. 1375:
The $9.8 billion budget contains many items that I support. Teacher pay raises of 5%, pay for performance (merit pay) for teachers who qualified and exceed agreed upon educational improvement goals. Funding to open up prisons that have been vacant for years.
I voted "no" to continued waste, unacceptable levels of new bond debt and a process that is closed to all but the Green Door Committee and a few other inner-circle "good ol' boys."
Sincerely, /a/ Dan Lakly
District 105
DL/kcs

House of Representatives Legislative Office Building, Room 604
Atlanta, Georgia 30334
March 16, 1994
Mr. Robert E. Rivers Clerk, House of Representatives Room 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Clerk:
Pursuant to Rule 137, I submit these comments to explain my "no" vote on House Bill 1375:
Although I support many items in the $10 billion dollar budget such as teacher pay raise, pay for performance (merit pay) for teachers, the opening of prison beds previously

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built, but not funded, the continuation and the expansion of the Hope Program, I felt like I had to vote "no".
I feel strongly that government shouldn't spend monies on golf courses, Hall of Fames, etc., ever, but particularly when these monies could be better spent fighting crime and educating our youth.
I can't in good conscience vote for this bill and fulfill my pledge to the people of Forsyth County to try and trim state spending by reducing the size of state government.
Sincerely, /s/ Mike Evans
ME/sk

House of Representatives Legislative Office Building, Room 501
Atlanta, Georgia 30334
March 16, 1994
Mr. Robert E. Rivers, Clerk House of Representatives Room 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Clerk:
Pursuant to Rule 137, I submit these comments to explain my "no" vote on H.B. 1375 CCR:
Although I support many items in the $10 billion dollar budget such as teacher pay raise, pay for performance (merit pay) for teachers, the opening of prison beds previously built, but not funded, the continuation and the expansion of the Hope Program, the language referring to Planned Parenthood on page 68, lines 6-13, I had to vote "no".
The process is a poor one which allows 6 to 8 people of this state to prepare the budget for all 6.5 million people. Also the Governor continues to put us and our children and even our grandchildren in debt for projects which could be paid for with cash.
The Next Generation School Project advocating Outcome Based Education and a move to one-world global government is fully funded and I strongly oppose this. There is no academic intent. It is anti-American and will try to replace the Judeo-Christian values that form the cornerstone of our great nation.
Sincerely, /s/ Lynn A. Westmoreland
District 104
LAW/kcs

Mr. Speaker:
During the short period of time when roll call was being taken on HB 1375 a member of the House was attempting to seek recognition by the Appropriations Chairman who was acting as Speaker. When I attempted to cast my vote it would not register. The machine was locked simultaneously to the acting Speaker asking if all members had voted or for first the first time this day my machine did not register. My vote on H.B. 1375 should be reflected as "nay".

WEDNESDAY, MARCH 16, 1994

2551

This does not reflect my opposition to many excellent programs which were funded in the budget.
/s/ Barbara Bunn 74th House

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

SB 723. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County so as to change the composition of education districts; to provide for the election of members from such 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 121, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 724. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act creating the board of commissioners of Whitfield County, as amended, so as to change the composition of commissioner districts from which certain members of the board are elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 533. By Representatives Stanley of the 50th, Davis of the 48th, Martin of the 47th, Randall of the 127th and Stanley of the 49th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and morals, so as to provide penalties for contributing to the delinquency of a minor by soliciting, coercing, intimidating, or conspiring with a minor to commit a violent crime.

Representative Stanley of the 50th moved that the House insist on its position in disagreeing to the Senate amendment to HB 533 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:

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Representatives Stanley of the 50th, Barnes of the 33rd and Hart of the 116th.

The following Bills and Resolutions of the House and Senate were taken up for the purpose of considering the Senate amendments or substitute thereto:

HR 124. By Representative Holland of the 157th: A resolution compensating Mr. Walter Lewis.

The following Senate amendment was read:

Amend HR 124 on Page 2, Line 2 change to read "pay the sum of $3,000 to Mr. Walter Lewis as compensation".

The following amendment was read and adopted:

Representatives Greene of the 158th and Holland of the 157th move to amend the Senate amendment to HR 124 as follows:
Strike the figure "$3,000" and insert in lieu thereof the figure:
$5,500.

Representative Holland of the 157th moved that the House agree to the Senate amendment, as amended by the House, to HR 124.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker Y Coleman, B
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 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
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 E 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 Y Maddox YMann
Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

On the motion, the ayes were 152, nays 0.

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock
Y Padgett E Parham
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 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 Smith, T 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 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

WEDNESDAY, MARCH 16, 1994

2553

The motion prevailed.
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 Registration of Used Car Dealers and the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.
The following Senate amendment was read:
Amend HB 1390 by striking from line 5 of page 7 the following: "January 1, 1995.", and inserting in lieu thereof the following: "July 1, 1995.".

Representative Skipper of the 137th moved that the House agree to the Senate amendment to HB 1390.
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 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
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
Evans Y Felton Y Floyd, J.M
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
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 E Johnston Y Jones
Y Joyce Kaye 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

On the motion, the ayes were 146, nays 0. The motion prevailed.

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
Porter 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 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 Y Thomas Y Tillman Y Titus
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
Yeargin Murphy, Spkr

HR 967. By Representative Birdsong of the 123rd: A resolution designating the Hardy Durham Faulk, Sr., Memorial Bridge.

2554

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Amend HR 967 by adding a new section on line 6 page 2 which reads as follows:
"Whereas, Jeanette McGarity Barber was an outstanding woman in Georgia and promoted home economics, was a Homemaking Association member, supported the girl scouts and numerous other worthwhile projects for Georgia women.
Now, therefore, be it resolved by the General Assembly of Georgia that a portrait of Mrs. Jeanette McGarity Barber be placed in the State Capitol on the House of Representatives side."
Renumber other sections accordingly.

The following amendment was read and adopted:

Representatives Colwell of the 7th and Smith of the 169th move to amend the Senate amendment to HR 967 by striking in their entirety lines 1 through 15 and inserting in lieu thereof the following:
"By designating the existing material as Part 1 and by adding below line 13 of page 2 the following:
'Part 2
WHEREAS, with the passing of Mrs. Janette McGarity Barber on August 19, 1983, the State of Georgia lost one of its most distinguished citizens; and
WHEREAS, a native of Dallas, Georgia, the daughter of the late Colonel and Mrs. Charles Benjamin McGarity, and the wife of Mac Barber, former legislator and current member of the Public Service Commission, Mrs. Barber was educated at the University of Georgia where she received the following degrees: Bachelor of Science, Master of Education, and Master of Arts; and
WHEREAS, the future brightness of her career was evident on the university campus where she was a member of Phi Kappa Phi and Phi Upsilon Omicron and served as president of Kappa Alpha Theta Sorority. In 1992, the sorority constructed a new chapter room and named it in her memory; and
WHEREAS, she served the citizens of Georgia and the nation in a variety of positions and responsibilities and in each capacity her skill, genius for making friends, and outstanding abilities and energies made lasting contributions to the quality of life, the cultural appreciation, and the religious uplifting of thousands of our citizens; and
WHEREAS, she was a leader, an educator, an editor, a scholar, a professional, a civic servant, and a most outstanding personality, and some of her contributions are:
Teacher: Home Economics Education; State Advisor: Georgia Association, Future Homemakers of America, of whom the alumni number more than 300,000; President: Georgia Home Economics Association; President: Georgia Vocational Association; Chairman: Georgia Committee on Children and Youth; Chairman: Georgia Teenage Nutrition Council; President: Georgia Mothers Association; Editor: Historic Georgia Mothers, a book featuring 25 historic Georgia women, published in 1976; chairman: Legislative Committee, Garden Clubs of Georgia; Chairman: Georgia Delegation to the White House Conference on Children and Youth; Member: White House Advisory Committee on Children and Youth appointed by President Richard M. Nixon; Member: Advisory Board, National Future Homemakers of America;

WEDNESDAY, MARCH 16, 1994

2555

Member: Editorial Board of Seventeen magazine; Member: Southeastern Council on Family Life Education; Member: American Vocational Association; Member: American Home Economics Association; First Vice President: American Mothers Committee, Inc.;
Listed in: Who's Who Among American Women; Chairman: Commerce Public Library Board; President: Friends of the Library; and President: Commerce Garden Club Council; and WHEREAS, her charm and radiant personality endeared her to all who knew her as she gave so unselfishly of her time and energy; and WHEREAS, among her honors were: First Distinguished Alumni Award given by the University of Georgia, College of Home Economics Alumni Association; named Person of the Year by the Georgia Youth Council; named the "Woman of the Year" by Progressive Farmer magazine; and, posthumously, named the 1985 College of Home Economics Honor Hall of Recognition Designee; the designation of the Janette McGarity Barber Distinguished Professorship at the University of Georgia; the designation of the "Janette McGarity Barber Kappa Alpha Theta Sorority Chapter Room" at the University of Georgia; the designation of the "Janette McGarity Barber patio" at the FFA-FHA camp on Lake Jackson by the State Department of Education; and WHEREAS, in further recognition of Mrs. Barber's outstanding contributions to the young women of this state, her alma mater, the College of Family and Consumer Sciences of the University of Georgia, announced the establishment on June 25, 1991, of the Janette McGarity Barber Distinguished Professorship; and WHEREAS, Mrs. Barber is best remembered by thousands of citizens of the State of Georgia as a friend, an adviser, and a mentor; and it is mostly for this reason that contributions totaling more than $39,820.00 have come from across this state in her memory and all of which was used to establish educational scholarships; and WHEREAS, it is only fitting for this body to remember the dedicated example of Janette McGarity Barber and her lasting contributions to the quality of life, the cultural appreciation, and the religious uplifting of thousands of our citizens by her roles as educator, leader, scholar, and professional. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body recognizes the outstanding accomplishments and contributions of Mrs. Janette McGarity Barber by directing that a portrait of this distinguished woman be placed on the third floor of the west side of the state capitol building, over which the House of Representatives has exclusive authority and jurisdiction with regard to the hanging of portraits in such area. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to conduct all the necessary matters relative to the purposes set out in this resolution. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Mr. Mac Barber.'"

Representative Colwell of the 7th moved that the House agree to the Senate amendment, as amended by the House, to HR 967.
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
Y Brown Y Buck

Y Buckner
Y Bunn Y Burkhalter Y Byrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter

Y Cauthurn
Y Chambless Y Chandler Y Channel! 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

2556

JOURNAL OF THE HOUSE,

Y Dickinson
Dix Y 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
Groover
Hammond Y Manner Y Harris, B Y Harris, M
YHart Y Heard Y Hegstrom Y Hembree
Henson
Y Holland Y Holmes

Howard
Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J
E 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 Y McClinton
Y 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 E Parham Y 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 YRay
Reaves Y Reichert
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 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 Twiggs
Y Vaughan Walker
Y Wall Y Watson Y Watts Y Westmorland
White Y Williams, B Y Williams, R Y Yates
Yeargin Murphy, Spkr

On the motion, the ayes were 148, nays 0. The motion prevailed.

HB 1596.

By Representative Barnes of the 33rd:
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 certain provisions regarding the bidding of utility contracting work.

The following Senate 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 the membership of the State Construction Industry Licensing Board; 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 bidding 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 the provisions relating to the certification of utility foremen; to change an exemption relating to utility contracting work; to provide an effective date, to repeal a specific act; 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 paragraphs (13) and (17) to read as follows:

WEDNESDAY, MARCH 16, 1994

2557

"(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 $100.000.00."
"(17) 'Utility system' means any system at least five feet undergroundz 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 stationSj when the system distributes or collects a service, product, or commodity for which a fee or price is 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 (3) of subsection (b) of Code Section 43-14-3, relating to the State Construction Industry Licensing Board, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Five members known as the Division of Conditioned Air Contractors, one of whom shall be a licensed professional engineer engaged in mechanical practice, one of whom shall be the chief conditioned air inspector of a county or municipality and shall have served in such office fef five years immediately proceeding appointment, and three of whom shall be conditioned air contractors with more than five years of installation and service experience in the trade;".
Section 3. 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;
(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the license or certificate holder unsafe or unfit to practice 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

2558

JOURNAL OF THE HOUSE,

(I) With respect to utility contractors, violations of Chapter 9 of Title 25; ef \u :) Any 9emotion issued m connection witn i_iccup8tion8l oQlety find Administration (OSHA) safety standards;".
Section 4. Said chapter is further amended by striking Code Section 43-14-8.2, relating 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 &-, 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 corporation has more than one permanent office, then each permanent office shall be registered with the division and at least one person who holds a valid utility manager certificate issued under this chapter shall be stationed in each office on a full-time basis and shall oversee the utility contracting work of all employees of that office.
(c) Any 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 indicating:
{A) The maximum fetd limit requested fey the applicant; {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 {} (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 utility contracting is performed; (2) Submit its safety policy which must meet the minimum standards established by the board; {3)--F4te a financial statement containing information as prescribed by the division; {4} Submit additional information as the division ttt its discretion may require; {6} (3) Pay or have paid the required fees; and { } (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 application 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

WEDNESDAY, MARCH 16, 1994

2559

form provided by the division. This application shall include a financial statement containing information prescribed by the division, the name and certificate number ef- the
utility mftnsuerj &nd such otrier miopmdtion &s trie division ftt its CHSCPC11on
may require. {h) Financial statements required by this Code section shall contain information as
ppescn Ded Dy tne division. &uen iinsncisi 31&tements stisii DC reviewed. Dy tne joint*

provisions of this Code section involving such financial statements. Seh financial statements shall be confidential information and shall net be available for inspection fey een-

stipulate tnc in&xiiriuni rimics on which th&t licensee is permitted to id OP pertorm tR a single contract.
yv utility contrftctoP licenses shftii set ft limit on sny single contrQCt Did which the

ststement. J. he utility contPflctor license shftii limit single contrflct Dids D&sed on tne applicant's net worth as reported in its latest financial statement as follows:

/\"jMicRAn5*p,

TP-ItiU/1 Tj-jiiriyiitrict

TITVI iinTimnim i unrmn M 1^1 oc

A

Net te exceed $600,000.00

B

Net te exceed $t million

U

Unlimited

$ 60,000.00 100,000.00 200,000.00

onouict tne ctppiicctnt s tininci&i ststemeirt tiii te* su ostftntiflte tne limits

\i"j i he present msrKet/ voiue IR lieu ot DOOK vsiue OT listed ftssets wnen prope1?iy supported with substantiating evidence; and

substantially owned interests. \JT Any utility contpflctop desiring to cn&n^c tne Did Hmir OT tn&t utility contfdctop 9 license sfiflii fftditc sppiic&tion for revision of tnflt license on tne ppescriDCd lorm IUP* msneol oy the division. '1 ne flpplicfltion shfill t^e supportecl by d current im&ncifiLi stftte mcnt as prescribed by the board. Under ne circumstances shall a utility contractor be peP.mi11ed to Did tn excess of th&t utility contrflctor s license Did limit ppiop to the time*

a utility contractor if the licensee ne longer qualifies for the original classification. $t) (h) After December ^ 1993 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 contracting work performed by another person who has obtained such license, and evidenced 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 5. Said chapter is further amended by striking in its entirety Code Section 43-14-8.3, relating to utility managers and utility manager certificates, and inserting in lieu thereof a new Code Section 43-14-8.3 to read as follows:
"43-14-8.3. (a) After December Si; W93 June 30, 1994, no person may be employed as a utility manager unless that person holds a current utility manager certificate issued by the Division of Utility Contractors.
(b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Persons wishing to qualify for utility manager certification shall submit a completed application form documenting required experience and other qualifications as prescribed by the board with the required fees and shall pass an examination.
(c) An applicant may request an oral administration of the examination."

2560

JOURNAL OF THE HOUSE,

Section 6. Said chapter is further amended by striking in its entirety Code Section 43-14-8.4, relating to the certification of utility foremen, and inserting in lieu thereof a new Code Section 43-14-8.4 to read as follows:
"43-14-8.4. (a) After December 31; 1993 June 30, 1994, no person may be employed as a utility foreman unless that person holds a current utility foreman certificate issued by the Division of Utility Contractors.
(b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of safety training in utility contracting approved by the division. In lieu of safety training any person desiring to be issued a utility foreman certificate may submit a completed application on or before June 30; 1004 December 31, 1994, which documents to the satisfaction of the division at least two years of experience as a utility foreman during the period ef- between January 1, 1984, and December 3tr, 1993 June 30, 1994. Any person who does not submit a completed application for certification on or before June 30; 1094 December 31, 1994, must complete the required safety training in order to be certified.
(c) After December 34; 1003 June 30, 1994, no utility system shall be constructed, erected, altered, or repaired unless a certified utility manager or certified utility foreman who holds a current certification is present at the job site of such construction, erection, alteration, or repair of the utility system."
Section 7. 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 subsection (1) to read as follows:
"(1) Any person qualified by the Department of Transportation to perform work triilrty contracting for the department shall not be required to be licensed under Code Section 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 8. HB 1193, Act No. 620, which changes the provisions relating to the licensing of utility contractors, enacted at the 1994 regular session of the General Assembly and approved by the Governor on February 4, 1994, is hereby repealed in its entirety.
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.

Representative Barnes of the 33rd moved that the House agree to the Senate substitute to HB 1596.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Brooks, T

Y Brown Buck
Y Buckner Y Bunn Y Burkhalter Y Byrd
Y Campbell Y Canty

Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless
Chandler
Y Channell Y Childers

Y Clark Y Coker Y Coleman, B Y Coleman, T Y Colwell Y Connell
Y Cox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson
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 Y Hanner
Harris, B
Y Harris, M Hart
Y Heard Y Hegstrom

WEDNESDAY, MARCH 16, 1994

Y Hembree 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 Johnson, G
Y Johnson, J E Johnston
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
Mann Y Martin Y McBee Y McClinton Y McKinney
Milam Y Mills Y Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver
O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten
Y Pelote Y Perry
Pinholster Y Poag

Y Polak 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 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

2561
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
Walker Y Wall Y Watson Y Watts Y Westmorland
White Y Williams, B Y Williams, R Y Yates
Yeargin Murphy, Spkr

On the motion, the ayes were 147, nays 0. The motion prevailed.

Due to a mechanical malfunction, the vote of Representative Chandler of the 99th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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.

Representative Holmes of the 53rd moved that the House insist on its position in disagreeing to the Senate amendment to HB 897 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 Holmes of the 53rd, Cauthorn of the 35th and Simpson of the 101st.

The following Bills of the House and Senate were taken up for the purpose of considering the Senate amendments or substitute thereto:

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JOURNAL OF THE HOUSE,

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 Annotated, 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.

The following Senate amendment was read:

Amend the House amendment to SB 608 offered by Representative Davis of the 48th District by inserting between lines 25 and 26 of page 1 the following:
"By striking the word 'local' on line 26 of page 12.
By inserting on line 28 of page 12, immediately following the word 'any', the following:
'magistrate court or any other'."

Representative Dobbs of the 92nd moved that the House agree to the Senate amendment to the House amendment to SB 608.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Bordeaux Y 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 Y Chambless Y Chandler Y Channel! Y Childers Y Clark
Y Coker Y Coleman, B Y Coleman, T

Y Colwell Y Connell YCox Y Crawford
Crews Y Culbreth Y 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
Floyd, J.W
N 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 Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd
Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
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
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 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 Smyre YSnow 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 Y Walker Y Wall Y Watson
Y Watts Y Westmorland
Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 153, nays 1. The motion prevailed.

WEDNESDAY, MARCH 16, 1994

2563

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 Senate substitute was read:

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 50,000 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 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 Annotated, 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 census, collecting officer means the clerk of the superior court of the county.
{i) (2) 'Instrument' or 'security instrument' means any'written document presented 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 conveying 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 ta* collector or ta* commissioner collecting officer of the county in which the real estate is located. The tax collector e* tax commissioner collecting officer shall determine from the face of the security instrument the date of execution of the instrument, the

2564

JOURNAL OF THE HOUSE,

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 fraction thereof of the face amount of the note secured by the recording of the security instrument. The tax collector or tax commissieBer collecting officer shall collect the tax due on the security instrument from the holder of the instrument. If the security instrument 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 or tax commiaaienef collecting officer shall determine the principal amount of the note from the sworn statement. 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 information recited on the face of the security instrument, the tax collector or tax commissieBer 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 commissioner 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 Assembly that the intangible tax levied by Code Section 48-6-61 shall be paid to the tax eetteeter er tax commissioner 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 executed, the due date, and the certificate of the tax collector or tax commissioner collecting officer or his 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 paragraph other than for the fact that the security instrument does not disclose the principal amount of the note.
(2) However, any instrument otherwise in a form sufficient for recording and actually 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 instrument, 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 commissioner, and shall in each instance bear the signature of the tax collector er tax eemmisaioncr collecting officer or his said officer's deputy. (b) In the case of a new note or modification of a preexisting note, when the instrument 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 affidavit in the form required by the commissioner, which affidavit shall set forth the information required by Code Section 48-6-66. The holder of the instrument shall present the sworn affidavit to the tax collector er tax commissioner 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

WEDNESDAY, MARCH 16, 1994

2565

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 er tax commissioner collecting officer of the county in which the instrument is first recorded. When the certificate of the tax collector ef tax commissioner 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 payment 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. (a) The intangible recording tax imposed by Code Section 48-6-61 upon instruments securing long-term notes secured by real property shall be collected by the tax collector er tax commissioner collecting officer of each county and he said officer shall make the distributions as provided in Article 2 of this chapter.
(b) The governing authority of each county shall take into consideration any increase or decrease in the duties and responsibilities of the offices of the tax commissioner and the clerk of the superior court required by this article in establishing the annual budget for each such office and, where applicable, the affected officers shall cooperate fully in any transferring of responsibilities required under this Code section."
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 and 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 instrument to be recorded. The tax collector or tax commissieftef collecting officer shall retain 6 percent of the tax collected as compensation for his said officer's services in collecting the tax. All such taxes shall be deemed to have been collected by the tax collcctef er tax commissienef 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 tax commisateHef collecting officer. In each county in which the tax collector fa tax commiasieBef 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 distribution of this tax by the tax collector er tax commissrener collecting officer shall be the only compensation permitted to any tax collector er tax commissiefteT 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 er tax commissioner 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:

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JOURNAL OF THE HOUSE,

"48-6-75. In the event the tax collector er teat 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, h said officer shall designate the clerk ef superior court et other another qualified person as Ms deputy to fee OR 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 commissioner collecting officer, the county governing authority shall immediately designate the eteffc ef superior court er ether another qualified person to collect the tax until a new tax collector er tax commissioner collecting 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 follows:
"48-6-76. (a) If a taxpayer files with the tax collector ef teat commissioner collecting officer at the time of payment of tax as provided in Code Section 48-6-61 a written protest in duplicate of the collection or any part of the collection of the tax as erroneous or illegal, the tax collector er tax commissioner collecting officer receiving the payment under written protest shall be deemed to have made a conditional collection of the protested 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 commissioner 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 teat collector er 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 e* tax commissioner collecting officer shall forward to the commissioner one
executed copy of the protest. (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 e* tax commissioner collecting 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 er tax 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 tax collector er tax commissieaef 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 commissioner 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 eeileete* ef 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.

WEDNESDAY, MARCH 16, 1994

2567

(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 interest 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 taxpayer by the defendant county tax official from the special escrow fund, and no appropriation 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 dismissal of such an action, or upon final judgment in such an action, whichever event occurs first, the teat collector er tax commissioner collecting officer holding the protested 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."
Section 9. This Act shall become effective on January 1, 1995.
Section 10. 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 substitute to HB 1642.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates
Y Benefield Y Birdsong
Bordeaux Y Bostick
Y Breedlove
Y Brooks, D Brooks, T
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 Channell Y Childers
Y Clark
Y Coker Y Coleman, B Y Coleman, T Y Colwell Y Connell

Cox Y Crawford
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 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 E Johnston
Y Jones Y Joyce Y Kaye Y Kinnamon
Y Klein
Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence

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JOURNAL OF THE HOUSE,

Y Lawson YLee Y Lewis
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
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
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 N 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
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 motion, the ayes were 154, nays 1. The motion prevailed.

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 Senate amendment was read:

Amend HB 965 by striking line 8 on page 2 and inserting in lieu thereof the following: "clearly containing only the following".

Representative Buckner of the 95th moved that the House agree to the Senate amendment to HB 965.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Y Baker Y Bannister
Barfoot Y Bargeron
Y Barnes Bates
Y Benefield
Y Birdsong Bordeaux
Y Bostick Breedlove 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 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
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 E 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
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
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
Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper
Y Smith, C

WEDNESDAY, MARCH 16, 1994

2569

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

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

On the motion, the ayes were 156, nays 0. The motion prevailed.

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

SB 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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles 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; to provide for the administrative suspension of a driver's license for a first offense of driving under the influence; to change the blood alcohol concentration resulting in administrative suspension of a driver's license of a person under the age of 18 involved in a traffic accident involving serious injuries or fatalities; to change the time in which an administrative hearing may be requested; to provide for stay of the suspension if a hearing is delayed under certain circumstances; to provide for the effect of a subsequent acquittal upon an administrative license suspension; to provide for reinstatement of the person's driver's license under certain conditions; to provide for a permit to drive to and from work under certain conditions; to change the definition of habitual violator; to change certain provisions relating to driving under the influence of alcohol or drugs; to prohibit certain pleas; to change certain criminal penalties; to provide that all parts of certain chemical testing machines shall be in good working order; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsections (a) and (c) of Code Section 40-5-58, relating to habitual violators, in its entirety and inserting in lieu thereof the following:
"(a) As used in this Code section, 'habitual violator' means any person who has been arrested and convicted within the United States three or more times within a five-year
wefe obtained te the dte ef th most recent arrest for which a conviction was obtained, of:
(1) Committing any offense covered under Code Section 40-6-64 er Code Sections 40-6-391 through 40-6-395 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Gede Section 40-6-64 ef Code Sections 40-6-391 through 40-6-395; er

2570

JOURNAL OF THE HOUSE,

(2) Committing any offense covered under Code Section 40-5-54 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense under Code Section 40-5-54 within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained; or
{2} (3) Singularly or in combination, any of the offenses described in paragraph paragraphs (1) and (2) of this subsection. In order to determine whether a person is a habitual violator, the Department of Public Safety shall: (1) review a person's driver's license record for the preceding five years, as measured from the date of any previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained for any offense covered under Code Section 40-5-54 or any substantially similar federal law or law of another state or a county or municipal ordinance, and (2) review a person's entire driver's license record for any previous arrests for an offense covered under Code Section 40-6-391 through 40-6-395 or any substantially similar federal law or law of another state or a county or municipal ordinance, regardless of the date of such previous conviction." "(c) (1) Except as provided in paragraph (2) of this subsection or in subsection (e) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the Department of Public Safety has issued such person a driver's license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the Department of Public Safety has issued such person a driver's license shall be guilty of a misdemeanor.
(2) Any person declared to be a habitual violator as a result of three or more convictions of violations of Code Section 40-6-391 within a five -year period ef- time, as
ITlCflSUFCd IFOIft tflC dfiteS Or pP6VlOU9 QPP9*S IOF Will CM COnVlCtlOns WCPC O Dtflined tO
tile dflte of cue most recent' flrrest tor wnicn d conviction wss o Dtsineu , find wno is thereafter convicted of operating a motor vehicle during such period of revocation, prior to the issuance of a probationary license under subsection (e) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both."
Section 2. Said title is further amended by striking subsection (a) of Code Section 40-5-63, relating to periods of suspension, in its entirety and inserting in lieu thereof the following:
"40-5-63. (a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offensc, with ne arrest and conviction ef flno DO pic & Or noiO contendcrc flcccptcd to sucti oilcnse within tne previous five yespSj t& meetsuped from trie dfltcs of previous Qrrests *OP wnicn convictions were ootsmcd to me dftte of tfte current srrcst tor wnicti ft conviction t& oDt&med, vioifltin^ Section 40-6-391, the period of suspension shall be for 12 months. Upon the first conviction of any offense listed in Code Section 40-5-54, with no arrest and conviction

WEDNESDAY, MARCH 16, 1994

2571

of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be 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 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 suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured frem the dates ef previous arrests for wfeieh convictions were obtained er pleas ef nele contendere accepted te the date ef- the current wrest fer which a plea ef nele contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of ay such offcnsc within five years, as measured
the current awest for which a conviction is obtained violating Code Section 40-6-391, without regard to the date of any previous conviction, the period of suspension shall be for three years. Upon the second conviction of any offense listed in Code Section 40-5-54 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 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 reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contend-
ere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period ef time five years 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

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live yeftfSj ts messupcd iroiR trie sites of previous orrests tor wfiich convictions were oDtflined of picQS of nolo contendere were seccpted TO tne dftte of tne curpettr dppest for which a pica ef e4e contendere 4s accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of ay such offcnsc within five years, as measured
th current arrest fef which a conviction is obtained violating Code Section 40-6-391, without regard to the dates of previous convictions, or upon the third conviction of any offense listed in Code Section 40-5-54 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, 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, ds meflstiped trout tne dstes of previous srpesrs TOT wnicft convictions were ootflined of picfts of nolo contender were accepted TO tne dscc of trie current &rrcst IOP WHICH a plea ef nele contcndcrc is accepted, shall be considered and counted as convictions."
Section 3. Said title is further amended by adding at the end of Code Section 40-5-63, relating to periods of suspension, a new subsection (f) to read as follows:
"(f) For the purpose of determining the period of suspension of a driver's license for a conviction of violating Code Section 40-6-391, the department shall review and utilize all previous such convictions, regardless of the date of such convictions."
Section 4. Said title is further amended by striking subsection (b) of Code Section 40-5-67, relating to issuance of a temporary driving permit to a person charged with driving under the influence, in its entirety and inserting in lieu thereof the following:
"(b) At the time the law enforcement officer takes the driver's license, he shall issue a temporary driving permit to the person as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 80 30 day temporary driving permit;
(2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 36 30 day temporary driving permit; or
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate a blood alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 4U~D~D i.i") OP tf tne review ot tne dPiver s prior QPivm re COPS indic&tes tnflt tne
Ipom tno d&tes of previous flrrescs top wfticn ft suspension wss oDtftinecr TO tne dste of th current arrest, the officer shall issue a 180 day temporary driving permit. This temporary driving permit shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed."
Section 5. Said title is further amended by striking subsection (c) of Code Section 40-5-67.1, relating to suspension of a driver's license for refusal to submit to testing, 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 and a review <rf th driver's prior driving

WEDNESDAY, MARCH 16, 1994

2573

record indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department; such review ef- the driver's record- shall BC completed ftt til6 time of sucn ftpfes* of &ccident o? witnin trie tcn-diy period pnor te submission ef the sworn report te the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highway or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test 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 <WH> 0.04 grams or more, the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. A person's license shatt net be administratively suspended for the first time pursuant te the immediately preceding sentence unless, ift addition te any other require ment for that suspension, that person's license has previously been administratively 9spended OF tnc person ft0.9 been convicted ot of ri&d ft pics ot noio contenders &ccopted witnin tne previous live yeflrs, ts me&sui?ed 'pom tne dfites of previous ftrrests IOP wnicn
provision 0t this cnftpter tor wnicn finy test nifty oe rccjuired unde? oode ocction 40-6-66. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate a blood alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum period of one year."
Section 6. Said title is further amended by striking subsection (f) of Code Section 40-5-67.1, relating to service of notice of suspension, in its entirety and inserting in lieu thereof the following:
"(f) (1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test and review ef the driver's prior driving record indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 20 30 day temporary permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the sworn report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section
A*rfU\~^\j~DKH/. Ti. hlioe f1naiillmLi-rne ro\rf tt-rViteo ruiififiifu^corr ttwr\ jv-rraninisnimniitt' tm V>en QswTuurtmrn rrocrj\jru>ir*Lt' ri<n^n\i^iuir.inicrul IvITyT f1V/1>11ia3
section witnin ten cfliendsr dftys siiftii not prevent tne .uepflrtment of r UDIIC
provided H> this Code section. (2) If notice has not been given by the arresting officer, the department, upon
receipt of the sworn report of such officer, shall suspend the person's driver's license, permit, or nonresident operating privilege or disqualify such person from operating a motor vehicle and, by regular mail, at the last known address, notify such person of such suspension or disqualification. The notice shall inform the person of the grounds of suspension or disqualification, the effective date of the suspension or disqualification, and the right to review. The notice shall be deemed received three days after mailing."

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Section 7. Said title is further amended by striking subsection (g) of Code Section 40-5-67.1, relating to service of notice of suspension, in its entirety and inserting in lieu thereof the following:
"(g) (1) A person whose driver's license is suspended or who is disqualified from operating a commercial motor vehicle pursuant to this Code section shall request, in writing, a hearing within five ten calendar business days from the date of personal notice or receipt of notice sent by certified mail, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded.
(2) The scope of the hearing shall be limited to the following issues: (A) Whether the law enforcement officer had reasonable grounds to believe the
person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or
(B) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and
(C) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and
(D) Whether the person refused the test; or
(E) Whether a test or tests was administered and the results indicated a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0r06 0.04 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, a blood alcohol concentration of 0.04 grams or more; and
(F) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciencesj including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of machine used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.
(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or disqualification. If no hearing is requested within the five calendar ten business days specified above, and the failure to request such hearing is due in whole or m part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the driver's license; provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary permit and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made.
(4) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction or by the acceptance of a plea of nolo contendere, then the suspension shall be terminated and deleted from the driver's license record, and the driver's license restoration fee shall be promptly returned by the Department of Public Safety to the licensee."
Section 8. Said title is further amended by striking Code Section 40-5-67.2, relating to terms and conditions for administrative license suspensions for driving under the influ-
ence, in its entirety and inserting in lieu thereof the following:

WEDNESDAY, MARCH 16, 1994

2575

"40-5-67.2. (a) Any driver's license required to be suspended under subsection (c) of Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years one year. One hunh-ed emd twenty daya Not sooner than 30 days following the expiration ef the 36 dy temporary driving permit effective date of suspension, the person may apply to the Department of Public Safety for reinstatement of his or her driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee.
(2) Upon the second or subsequent suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five three years. Not sooner than one hundred and twenty days following the effective date of suspension, the person may apply to the Department of Public Safety for reinstatement of the person's driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee.
(3) Upon the third or subsequent suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five years. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. The driver may apply for a probationary license pursuant to Code Section 40-5-58 after the expiration of two years from the expiration ef the 26 day temporary permit effective date of suspension.
(b) An administrative license suspension pursuant to Code Section 40-5-67.1 shall run concurrently with any revocation of such driver's license pursuant to a subsequent determination that such person is in violation of Code Section 40-6-391 or is a habitual violator.
(c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a restoration fee of $210.00 or $200.00 when processed by mail.
(d) Any other provision of law to the contrary notwithstanding, a driver with no previous conviction for a violation of Code Section 40-6-391 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, during the period of administrative suspension contemplated under this chapter, shall be entitled to a permit to drive to and from work only pursuant to such rules and regulations as shall be promulgated by the Department of Public Safety."

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JOURNAL OF THE HOUSE,

Section 9. Said title is further amended by striking Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof the following:
"40-6-391. (a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive;
(4) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(5) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows:
(1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous 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 conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and
(B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; and
(C) Not less than 40 hours of community service; (2) For the second conviction within a five-year period of time, 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 conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and
(B) (i) A period of imprisonment of not less than 90 days nor more than 12 months. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph^ j and
mum 48 hour term ef imprisonment et subject te suspension, stay, of probation under division \i/ of tins suop&rflgrf&pn, provided tnst- ft condition of tnc suspcn*
stfly, of proDsiiofl of trie minimum' 4o nour term or impnsonHierrt snuii oe the defendant shall perform net Not less than 80 hours of community service;

WEDNESDAY, MARCH 16, 1994

2577

(3) For the third or subsequent conviction within a five-year period of time, 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 conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and
(B) (i) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this paragraph? ^ and
\i\) 1 tic jtid^ey ftt 1119 soi discretion > nifty suspend) sifty,* or proDste ine mini~ mum icn dfly term or imprisonment ROC suoject to suspension,~ stfly, of pfooftw0ft under division \i/ ot tnis suopftr&ijFflpn, provided tn&t ft condition of tnc suspcn*
that the defendant shall perform net Not less than 30 20 days of community service; (4) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (d) (1) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section. (2) Notwithstanding any provision of this Code section to the contrary, any court authorized to hear cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section. (e) The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section. (f) The provisions of Code Section 17-10-3, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted of violating any provision of this Code section. (g) (1) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.
(2) In the sole discretion of the judge, he may suspend up to one-half of the fine imposed under paragraph (3) of subsection (c) of this Code section for a third or subsequent conviction conditioned upon the defendant's undergoing an alcohol or drug treatment program approved by the court. (h) For purposes of determining under this chapter prior convictions of or pleas of nolo contendere to violating this Code section, in addition to the offense prohibited by this Code section, a conviction of or plea of nolo contendere to any of the following offenses shall be deemed to be a violation of this Code section:
(1) Any federal law substantially conforming to or parallel with the offense covered under this Code section;
(2) Any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopts the provisions of this Code section; or
(3) Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with this Code section, (i) A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person's blood, breath, or urine. Every person convicted of violating this subsection shall

2578

JOURNAL OF THE HOUSE,

be guilty of a misdemeanor and, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the 'Uniform Commercial Driver's License Act,' shall be fined as provided in subsection (c) of this Code section.
(j) (1) The clerk of the court in which a person is convicted a third time under subsection (c) of this Code section shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.
(2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.
(3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. (k) A person under the age of 18 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is &66 0.04 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 18 charged with a violation of this Code section. (1) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child."
Section 10. Said title is further amended by striking subsection (a) of Code Section 40-6-391.1, relating to pleas of nolo contendere, and inserting in its place a new subsection (a) to read as follows:
"(a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed; provided, however, that no such plea of nolo contendere shall be accepted if the person charged with violating Code Section 40-6-391 had an alcohol concentration of more than 0.15 at any time within three hours after driving or being in control of any moving vehicle from alcohol consumed before such driving or being in control ended."
Section 11. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood with respect to alleged violations of driving under the influence of alcohol or drugs, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to

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methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine which was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;".
Section 12. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Groover of the 125th, Baker of the 70th, Thomas of the 100th and Chambless of the 163rd was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the administrative suspension of a driver's license for a first offense of driving under the influence; to provide for limited driving permits; to change the alcohol concentration resulting in administrative suspension of a driver's license of a person under the age of 18 involved in a traffic accident involving serious injuries or fatalities; to change the time in which an administrative hearing may be requested; to provide for stay of the suspension if a hearing is delayed under certain circumstances; to provide for the effect of a subsequent acquittal or accepted plea of nolo contendere upon an administrative license suspension; to provide for reinstatement of the person's driver's license under certain conditions; to change certain provisions relating to driving under the influence of alcohol or drugs; to prohibit certain pleas; to change certain criminal penalties; to provide that all parts of certain chemical testing machines shall be in good working order; to provide for penalties; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsections (a) and (e) of Code Section 40-5-64, relating to limited driving permits, in its entirety and inserting in lieu thereof the following:
"(a) To whom issued. Notwithstanding any contrary provisions of Code Section 40-5-57 or 40-5-63 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with subsection (d) of Code Section 40-5-572 e* paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2, provided that such person has not had his or her driver's license suspended under Code Section 40-5-68."
"(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the expiration of one year following the effective date of suspension of the applicant's driver's license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or upon the expiration of 120 days following conviction in the case of a suspension for a violation of Code Section 40-6-391 or upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation

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of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his or her driver's license and the execution of a similar affidavit, or if he has lest his the driver's license has been lost, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit."
Section 2. Said title is further amended by striking subsection (b) of Code Section 40-5-67, relating to issuance of a temporary driving permit to a person charged with driving under the influence, in its entirety and inserting in lieu thereof the following:
"(b) At the time the law enforcement officer takes the driver's license, he the officer shall issue a temporary driving permit to the person as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 26 30 day temporary driving permit;
(2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 26 30 day temporary driving permit; or
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate a blood alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Sec-
driver s license n&s not been suspended witnin tiie previous rive yeflrSj fts meQsured irom tne dfltcs of previous fttrests IOF wnicn d suspension WQS oDtftineo to tne dftte ef tfee current arrest, the officer shall issue a 180 day temporary driving permit. This temporary driving permit shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed."
Section 3. Said title is further amended by striking subsection (b) of Code Section 40-5-67.1, relating to administration of chemical tests and duty of officer to inform driver of requirements and rights, in its entirety and inserting in lieu thereof the following:
"(b) At the time a chemical test or tests are requested, the person shall be informed by the arresting officer that:
(1) Georgia law requires the person to submit to a test to determine if the person is under the influence of alcohol or other drugs;
(2) If the testing is refused, the person's driver's license or right to drive will be suspended for a period of one year or, if the person is under age 18, for a period of one year or until the age of 18, whichever is greater, or, if the vehicle is a commercial vehicle, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(3) If a test is performed and the results indicate a blood alcohol concentration of 0.10 grams or more, the driver's license or right to drive may be suspended for a minimum period of one year or, for a person under the age of 18, a blood alcohol concentration of 6766 0.04 grams or more, the person's driver's license or right to drive will be suspended for a minimum period of one year or until the age of 18, whichever is greater, and if the vehicle was a commercial motor vehicle and the test results indicate the presence of any alcohol, the person will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours, and if the results indicate a blood alcohol concentration of 0.04 grams or more, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(4) After submitting to the required testing, the person shall be entitled to obtain an additional test or tests at the expense of such person; and

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(5) The refusal to submit to a test may be offered into evidence against the person at trial. Failure to provide any notice required under this subsection shall not invalidate the suspension pursuant to this Code section of any driver's license."
Section 4. Said title is further amended by striking subsection (c) of Code Section 40-5-67.1, relating to suspension of a driver's license for refusal to submit to testing, 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 ad a review ef the driver's prior driving reeerd indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department; such review ef the driver's record- shall i&c compiexcel rt wie tiiftc ot sucn dPFcst of ftccident of witiiin trie ton dfly period prior te submission ef the sworn report te the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highway or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test 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 (WH> 0.04 grams or more, the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. A- person's license ahull net be administratively suspended for the first time pursuant te the immediately preceding sentence unlcaa, m addition te any other requirement f-er that suspension, that person's license has previously been administratively saspcndcd or tnc person nas Dccn convicted or or nad d pica ot nolo contcndcrc accepted witnin tnc previous live years, 0s measured trom tnc dates ot previous arrests tor wnicii t suspension was ODtamed to tnc date OT tnc current arrest, te a cnargc or violating any
40 6'66. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate a blood alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum period of one year."
Section 5. Said title is further amended by striking subsection (f) of Code Section 40-5-67.1, relating to service of notice of suspension, in its entirety and inserting in lieu thereof the following:
"(f) (1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test a*d review ef the driver's prior driving record indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 36 30 day temporary permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the sworn report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the Department of Public Safety

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from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section.
(2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's driver's license, permit, or nonresident operating privilege or disqualify such person from operating a motor vehicle and, by regular mail, at the last known address, notify such person of such suspension or disqualification. The notice shall inform the person of the grounds of suspension or disqualification, the effective date of the suspension or disqualification, and the right to review. The notice shall be deemed received three days after mailing."
Section 6. Said title is further amended by striking subsection (g) of Code Section 40-5-67.1, relating to service of notice of suspension, in its entirety and inserting in lieu thereof the following:
"(g) (1) A person whose driver's license is suspended or who is disqualified from operating a commercial motor vehicle pursuant to this Code section shall request, in writing, a hearing within five ten calendar business days from the date of personal notice or receipt of notice sent by certified mail, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded.
(2) The scope of the hearing shall be limited to the following issues: (A) Whether the law enforcement officer had reasonable grounds to believe the
person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or
(B) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and
(C) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and
(D) Whether the person refused the test; or
(E) Whether a test or tests was administered and the results indicated a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of M)6 0.04 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, a blood alcohol concentration of 0.04 grams or more; and
(F) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic ScienceSj including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of machine used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.
(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or disqualification. If no hearing is requested within the five calendar ten business days specified above, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the driver's license] provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary permit and the delay is not due in whole or in part to

WEDNESDAY, MARCH 16, 1994

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the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made.
(4) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction, then the suspension shall be terminated and deleted from the driver's license record. In the event that a plea of nolo contendere is accepted to a charge of violating Code Section 40-6-391, then the suspension shall be terminated, provided that the accepted plea of nolo contendere shall be entered on the driver's license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal, accepted plea of nolo contendere, or other disposition other than by a conviction, the driver's license restoration fee shall be promptly returned by the Department of Public Safety to the licensee."
Section 7. Said title is further amended by striking Code Section 40-5-67.2, relating to terms and conditions for administrative license suspensions for driving under the influence, in its entirety and inserting in lieu thereof the following:
"40-5-67.2. (a) Any driver's license required to be suspended under subsection (c) of Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years one year. One hundred and twenty days Not sooner than 30 days following the expiration ef- the 30 dy temporary driving permit effective date of suspension, the person may apply to the Department of Public Safety for reinstatement of his or her driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee.
(2) Upon the second ef subsequent suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five three years. Not sooner than one hundred and twenty days following the effective date of suspension, the person may apply to the Department of Public Safety for reinstatement of the person's driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee.
(3) Upon the third or subsequent suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five years. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. The driver may apply for a probationary license pursuant to Code Section 40-5-58 after the expiration of two years from the expiration ef the 26 day temporary permit effective date of suspension.

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(b) An administrative license suspension pursuant to Code Section 40-5-67.1 shall be counted toward fulfillment of any period of suspension subsequently imposed as a result of a conviction of violating Code Section 40-6-391 which arises out of the same violation for which the administrative license suspension was imposed. An administrative license suspension pursuant to Code Section 40-5-67.1 shall run concurrently with any revocation of such driver's license pursuant to a subsequent determination that such person is a habitual violator.
(c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a restoration fee of $210.00 or $200.00 when processed by mail.
(d) Any other provision of law to the contrary notwithstanding, a driver with no previous conviction for a violation of Code Section 40-6-391 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, during the period of administrative suspension contemplated under this chapter, shall be entitled to a limited driving permit as provided in Code Section 40-5-64."
Section 8. Said title is further amended by striking Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof the following:
"40-6-391. (a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive;
(4) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(5) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows:
(1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous 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 conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; a*d
(B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; and

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(C) Not less than 40 hours of community service; (2) For the second conviction within a five-year period of time, 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 conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and
(B) {t} A period of imprisonment of not less than 90 days nor more than 12 months. The judge, at fets At the sole discretion and under such terms and conditions as fee the judge shall impose, the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph? ] and
\n/ .! AC jud^fCj ftt 1)13 sole QiscPGtioii) mfly suspend, stflyj or proDflic trie mint

ston, st>flyj OP proostion of the minimum 4o flour term* of imprisoriHTt'eirt sfTSii oe tfeat the defendant shall perform et (C) Not less than 80 hours of community service; or (3) For the third or subsequent conviction within a five-year period of time, 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 conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) #} A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge, at his At the sole discretion and under such terms and conditions as fee the judge shall impose, the judge may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this paragraph? i ar*d

under division \\) of tins suupftrfl^Fflpn, provided tost Q condition of the 3uspcn~ siori) sidy, or proofltion of tfte minimum tcn~Qfly term of imprisonment sfiflii DC that the defendant shall perform net (C) Not less than 36 20 days of community service; {4} For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction.
(d) (1) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.
(2) Notwithstanding any provision of this Code section to the contrary, any court authorized to hear cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section.
(e) The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section.
(f) The provisions of Code Section 17-10-3, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted of violating any provision of this Code section.
(g) (1) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may

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be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.
(2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under paragraph (3) of subsection (c) of this Code section for a third or subsequent conviction conditioned upon the defendant's undergoing an alcohol or drug treatment program approved by the court. (h) For purposes of determining under this chapter prior convictions of or pleas of nolo contendere to violating this Code section, in addition to the offense prohibited by this Code section, a conviction of or plea of nolo contendere to any of the following offenses shall be deemed to be a violation of this Code section:
(1) Any federal law substantially conforming to or parallel with the offense covered under this Code section;
(2) Any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopts the provisions of this Code section; or
(3) Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with this Code section,
(i) A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person's blood, breath, or urine. Every person convicted of violating this subsection shall be guilty of a misdemeanor and, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the 'Uniform Commercial Driver's License Act,' shall be fined as provided in subsection (c) of this Code section.
(j) (1) The clerk of the court in which a person is convicted a third time under subsection (c) of this Code section shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.
(2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.
(3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith.
(k) A person under the age of 18 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is M)6 0.04 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 sub-
section (c) of this Code section. No plea of nolo contendere shall be accepted for any person under the age of 18 charged with a violation of this Code section.
(1) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child
by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense
of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relat-
ing to the offense of contributing to the delinquency, unruliness, or deprivation of a child."

WEDNESDAY, MARCH 16, 1994

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Section 9. Said title is further amended by striking subsection (a) of Code Section 40-6-391.1, relating to pleas of nolo contendere, and inserting in its place a new subsection (a) to read as follows:
"(a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed; provided, however, that no such plea of nolo contendere shall be accepted if the person charged with violating Code Section 40-6-391 had an alcohol concentration of more than 0.15 at any time within three hours after driving or being in control of any moving vehicle from alcohol consumed before such driving or being in control ended."
Section 10. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood with respect to alleged violations of driving under the influence of alcohol or drugs, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine which was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;"
Section 11. The provisions of this Act shall apply only to cases arising out of arrests occurring on or after January 1, 1995, except that the provisions of Section 6 of this Act, relating to the time for requesting a hearing on an administrative suspension, the stay of a suspension pending such hearing, and the early termination of an administrative suspension under certain conditions shall apply to cases pending on July 1, 1994.
Section 12. This Act shall become effective on January 1, 1995.
Section 13. 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, Bordeaux of the 151st, Thomas of the 100th and Chambless of the 163rd move to amend the Floor substitute to SB 418 by striking lines 3 through 10 of page 24 in their entirety and inserting in lieu thereof the following:
"Section 11. The provisions of this Act shall apply only to cases arising out of arrests occurring on or after January 1, 1995, except that the provisions of Section 9 of this Act which restrict the acceptance of a plea of nolo contendere to a charge of violating Code Section 40-6-391 and the provisions of Section 8 of this Act changing the criminal penalties for violations of Code Section 40-6-391 shall become effective July 1, 1994, and except that the provisions of Section 6 of this Act, relating to the time for requesting a hearing on an administrative suspension, the stay of a suspension pending such hearing, and the early termination of an administrative suspension under certain conditions shall apply to cases pending on July 1, 1994.".

The Floor substitute, as amended, was adopted.

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

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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
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

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
God bee Y Golden Y Goodwin
Y Greene Y Groover Y Hammond Y Banner Y Harris, B
Y Harris, M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson
Y Hughes Y Hugley
Irvin Y James Y Jamieson
Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston
Y Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord N Lucas Y Maddox
YMann Y Martin
Y McBee Y McClinton
McKinney
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
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 Westmoreland
White Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

HB 1860.

By Representative Williams of the 114th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, so as to raise the continuing education hours required from 12 to 18.

The following Senate amendment was read:
Amend HB 1860 by striking on line 4 of page 1 the numeral "18" and inserting in its place the following:

Representative Williams of the 114th moved that the House agree to the Senate amendment to HB 1860.
On the motion, the roll call was ordered and the vote was as follows:

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

WEDNESDAY, MARCH 16, 1994

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 Y Dobbs Y Ehrhart YEpps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden Y 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 E 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 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 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
Sinkfleld Y Skipper

On the motion, the ayes were 159, nays 0. The motion prevailed.

2589
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 Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 Annotated, relating to the office of the Governor, so as to provide for decentralization of state government; to provide for evaluations; to provide that the Office of Planning and Budget shall effectuate the purposes of decentralization of state government.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1810

The Committee of Conference on HB 1810 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1810 be adopted.
Respectfully submitted,

2590

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Hugh Gillis, Sr. Senator, 20th District
/s/ Walter S. Ray Senator, 19th District
/s/ Richard 0. Marable Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Cathy Cox Representative, 160th District
/s/ Robert P. Hanner Representative, 159th District
Is/ Gregory H. Kinnamon Representative, 4th District

A BILL
To amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the office of the Governor, so as to provide for decentralization of state government; to provide for evaluations; to provide that the Office of Planning and Budget shall effectuate the purposes of decentralization of state government; to provide for strategic plans to decentralize state government; to provide a penalty; to amend Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to administrative space management, so as to provide that the department will effectuate the purposes of decentralization with its space management authority; to provide for standards for cost effectiveness and decentralization; to repeal the Advisory Board on Space Management; to provide factors to be used in decentralization; to provide for a penalty; 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 45 of the Official Code of Georgia Annotated, relating to the office of the Governor, is amended by striking paragraph (6) of Code Section 45-12-73, relating to powers and duties of the Office of Planning and Budget, in its entirety and inserting in its place the following:
"(6) Develop a long-term capital improvements budget which emphasizes decentralization of state government and which is consistent with the overall strategic plan for consideration by the General Assembly;"
Section 2. Said chapter is further amended by adding at the end of Code Section 45-12-78, relating to heads of budget units to submit annual estimates of budget, a new subsection to read as follows:
"(e) To effect the goal of decentralization, prior to September 1 of each year, the Office of Planning and Budget shall send all requests for new, expanded, relocated, or renovated rental real estate space to the Department of Administrative Services for an evaluation to determine conformity with Article 2 of Chapter 5 of Title 50, the 'State Space Management Act of 1976.' The Department of Administrative Services shall return such evaluation to the Office of Planning and Budget prior to the Governor's submission of the budget to the General Assembly as provided in Code Section 45-12-79."
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 45-12-85, relating to examination and investigation of periodic work programs by the Office of Planning and Budget, in its entirety and inserting its place the following:
"(b) The Governor through the Office of Planning and Budget shall seek to effect economy, efficiency, decentralization of state government, and sound fiscal management in reviewing budget allotment requests and may make such changes to the budget allotment requests to meet these goals and objectives and which are consistent with and subject to the method and provisions contained in the General Appropriation Appropriations Act. Upon determination that the requested budget allotment conforms with the approved work program and meets the above-mentioned goals and objectives, the Governor shall execute his or her warrant on the treasury for the funds included in the approved budget allotment. Notwithstanding any authorization for expenditure included in an appropriations Act, all appropriations in excess of the approved budget

WEDNESDAY, MARCH 16, 1994

2591

allotments for the budget year, as determined by the Office of Planning and Budget, shall cease to be an obligation of the state. The Office of Planning and Budget shall notify the Office of Legislative Budget Analyst and the Budgetary Responsibility Oversight Committee of any such action with appropriate supporting information."
Section 4. Said chapter is further amended by striking Code Section 45-12-88, relating to budget units to furnish information to the Budgetary Responsibility Oversight Committee, in its entirety and inserting in its place the following:
"45-12-88. When any budget unit has plans to institute any new program, it shall be the duty of the head of such unit to furnish to the Budgetary Responsibility Oversight Committee, on September 1 prior to the convening date of the session at which appropriations to finance such program are to be sought, a description of the program, the reason for seeking to institute such program, the operating procedure of such program, the manner in which it conforms to the organization's strategic plan as well as the state strategic plan, the extent to which the facilities and staff to implement or provide the program will be decentralized, and any other information which would be helpful to the members of the committee in determining whether or not to appropriate funds therefor. The members shall also be furnished with the projected cost to implement the program fully."
Section 5. Said chapter is further amended by striking subsections (a) and (b) of Code Section 45-12-95, relating to duty of Office of Planning and Budget to encourage cost-saving measures by state agencies, in its entirety and inserting in their place the following:
"(a) It is the intent of the General Assembly to encourage state agencies to identify and implement cost-saving measures and to decentralize state government.
(b) It is the duty of the Office of Planning and Budget to assist state agencies in identifying and implementing measures that provide current services to the public at a reduced cost or improved services to the public at the same cost and that whenever possible, consistent with such objectives, those services be administered or provided from facilities that are decentralized."
Section 6. Said chapter is further amended by striking subsection (a) of Code Section 45-12-175, relating to preparation of long-range development plans by the Office of Planning and Budget, in its entirety and inserting in its place the following:
"(a) The Governor, through the Office of Planning and Budget, shall have in continuous process and revision a strategic plan for the state as a whole. This plan shall be updated at least on an annual basis and shall cover a minimum period of time as determined by the Office of Planning and Budget, but not less than five years. It shall have as its primary goal the improved fiscal responsibility and responsiveness of state government and the effective and efficient delivery of services throughout the geographic area of the state with an emphasis on decentralizing state government. The goals and strategies contained in this state strategic plan shall be reflected by the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government, as respectively applies, in the development of their own strategic plans which specifically deal with their respective future directions and organizational missions. Each strategic plan developed by each department, board, bureau, commission, institution, authority, and other agency of state government shall contain a description of its future direction; a statement of its organizational mission; a description of the current and anticipated future needs being addressed by its preferred future direction and organizational mission; a description of planned actions designed to address these needs; a description of the goals for the program or services to be improved; a course of action for achieving the planned improvements, including an implementation timetable; a description of the evaluation system to be used to determine if the goals are being attained; an estimated annual cost for each planned improvement of a program or service; all efforts to decentralize its administrative and operational functions; and all other items as the Office of Planning and Budget may deem necessary. Each department, board, bureau, commission, institution, authority, and other agency of state government

2592

JOURNAL OF THE HOUSE,

shall submit its own strategic plan to the Office of Planning and Budget as supporting information for the budget estimates required under Code Section 45-12-78."
Section 7. Said chapter is further amended by striking the word "and" at the end of paragraph (5) of subsection (d) of Code Section 45-12-178, relating to ongoing review by the Governor through the Office of Planning and Budget of all programs and functions in state government, by redesignating paragraph (6) as paragraph (7), and by inserting a new paragraph (6) to read as follows:
"(6) Information describing the locations at which the program is operated and administered and the extent to which the operation and administration could be decentralized; and"
Section 8. Said article is further amended by striking subsection (a) of Code Section 50-5-32, relating to administrative space utilization management, in its entirety and inserting in its place the following:
"(a) The department is given the authority and charged with the duty of managing the utilization of administrative space by all state agencies in a manner that is the most cost efficient and operationally effective and which provides decentralization of state government. Such management shall include the authority to assign and reassign administrative space to state agencies based on the needs of the agencies as determined by standards for administrative space utilization promulgated by the commissioner pursuant to Code Section 50-5-33 and shall include the obligation to advise the Office of Planning and Budget and state agencies and departments of cost effective, decentralized alternatives."
Section 9. Said article is further amended by striking subsection (a) of Code Section 50-5-33, relating to commissioner to promulgate space utilization standards, in its entirety and inserting in its place the following:
"(a) The commissioner is authorized and directed to develop and promulgate standards governing the utilization of administrative space by all state agencies which require emphasis on cost effectiveness and decentralization. The standards shall be uniformly applied to all state agencies except as otherwise provided by subsection (b) of this Code section; but the standards shall recognize and provide for different types of administrative space required by the various state agencies and the different types of administrative space that may be required by a single state agency."
Section 10. Said article is further amended by striking Code Section 50-5-34, relating to state agencies to apply to department for space assignment, in its entirety and inserting in its place the following:
"50-5-34. Any state agency requiring any administrative space shall apply therefor to the department on forms prescribed by the department for such purpose; and the department shall assign the space to the agency in conformity with the standards governing the utilization of administrative space promulgated pursuant to Code Section 50-5-33 and requirement of cost effectiveness and decentralization."
Section 11. Said article is further amended by striking Code Section 50-5-35, relating to the creation of Advisory Board on Space Management, which reads as follows:
"50-5-35. (a) The Advisory Board on Space Management is created. The board shall consist of five members: the Secretary of State, chairman; the state auditor; an appointee of the Governor who is not the Attorney General; the Commissioner of Agriculture; and the commissioner of administrative services.
(b) The board shall meet on the call of the chairman for the purpose of reviewing formally submitted disagreements by affected agency heads concerning department directed space assignments or reassignments. Such formal submissions shall consist of a fully documented case history supporting the agency's disagreement, shall be signed by the agency head, and shall be forwarded to the commissioner. The commissioner shall refer the formal submissions to the chairman on a timely basis. Following a thorough review, and after reaching a majority opinion, the board shall make recommendations to the Governor as to the disposition of the disagreement.",

WEDNESDAY, MARCH 16, 1994

2593

in its entirety and inserting in its place the following: "50-5-35. For purposes of cost effectiveness and decentralization, the following fac-
tors, among other factors, shall be considered: (1) Dual location of programs within a city should be considered in order to take
advantage of possible economies of scale and as a matter of convenience to the general public; or
(2) When all factors are reasonably equivalent, preferences will be given to location of state government programs and facilities in those counties which are determined by the Department of Community Affairs to be the most economically depressed, such term shall mean those 80 counties of the state designated as 'less developed' under the Job Tax Credit Program."
Section 12. Said article is further amended by striking Code Section 50-5-39, relating to liberal construction of article, in its entirety and inserting in its place the following:
"50-5-39. This article shall be liberally construed so as to effectuate the purposes and the intent of the General Assembly."
Section 13. All laws and parts of laws in conflict with this Act are repealed.

Representative Hanner of the 159th moved that the House adopt the report of the Committee of Conference on HB 1810.
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 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, O 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
Good win 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 E Johnston
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 Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton Y McKinney Y Milam
Mills

Y Mobley. B Y Mobley, J Y Moore Y Mosley
Y Mueller E Oliver
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 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 N 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 motion, the ayes were 163, nays 1. The motion prevailed.

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

2594

JOURNAL OF THE HOUSE,

HB 250. By Representatives Mobley of the 86th, Bostick of the 165th, Twiggs of the 8th, Streat of the 167th, Dixon of the 150th and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the circumstances under which a law enforcement officer shall be considered to be in the line of duty.

The following Senate amendment was read:

Amend HB 250 on line 21, page 1, insert the words: "and fire service" after the word enforcement.
Line 22, page 1 insert the words: "or firemen" after the word officer. Line 25, page 1, insert the words: "or fire." after the word crime, "or fireman" after the word officer. Line 27, page 1, insert the words: "or firemen's" after the word officer's. Line 3, page 2, insert the words: "or fireman" before the word, has.
Line 5, page 2, insert the words: "fire service" after the word enforce. Line 11, page 2, insert the words: "or firemen" after the word, officer.
Line 16, page 2, insert the words: "or firemen's" after the word officer's.

Representative Mobley of the 86th moved that the House agree to the Senate amendment to HB 250.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y" Breedlove
Y Brooks, D 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 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 N Dobbs
Ehrhart YEpps
Evans Felton Y Floyd, J.M
Y Floyd, J.W Y Godbee Y Golden
Y Goodwin Y Greene Y Groover
Y Hammond Hanner
Y Harris, B Y Harris, M
YHart

Y Heard Y Hegstrom Y Hembree
Y Henson Y Holland
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 E Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein Y Ladd Y Lakly
Lane, D Y Lane, R Y Lawrence
Lawson Y Lee Y Lewis YLord

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 E Oliver
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
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

WEDNESDAY, MARCH 16, 1994

2595

Y Trense Y Turnquest
Twiggs

Y Vaughan 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 149, nays 1. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 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 provide a statement of legislative intent.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 396

The Committee of Conference on SB 396 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 396 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ David Scott Senator, 36th District

/s/ Charlie Smith, Jr. Representative, 175th District

/s/ Charles C. Clay Senator, 37th District

Is/ John F. Godbee Representative, 145th District

/s/ Jack Hill Senator, 4th District

/s/ Bettieanne Childers Hart Representative, 116th District

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 require moments of quiet reflection at the opening of school upon every school day; to provide a statement of legislative intent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly finds that in today's hectic society, all too few of our citizens are able to experience even a moment of quiet reflection before plunging headlong into the day's activities. Our young citizens are particularly affected by this absence of an opportunity for a moment of quiet reflection. The General Assembly finds that our young, and society as a whole, would be well served if students were afforded a moment of quiet reflection at the beginning of each day in the public schools.
Section 2. Code Section 20-2-1050 of the Official Code of Georgia Annotated, relating to moments of silence in public schools, is amended by striking that Code section in its entirety and inserting a new Code section to read as follows:

2596

JOURNAL OF THE HOUSE,

"(a) In each public school classroom, the teacher in charge may of; if se authorized of directed Dy tftc Doftfd 0r educfltion oy wnicri tic ts employed, stisii, flt trie opening of school upon every school day, conduct a brief period of silent prayer er meditation quiet reflection for not more than 60 seconds with the participation of all the pupils therein assembled.
(b) The silent prayer er meditation moment of quiet reflection authorized by subsection (a) of this Code section is not intended to be and shall not be conducted as a religious service or exercise but shall be considered as an opportunity for silent prayer er meditation en a religious theme by those whe are se disposed er a moment of silent reflection on the anticipated activities of the day."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 175th moved that the House adopt the report of the Committee of Conference on SB 396.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

Y Smith, C N Smith, L Y Smith. P
Smith, T N Smith, V N Smith, W Y Smyre N Snow N Stancil, F N Stancil, S
Y Stanley, L Y Stanley, P N Stephenson N Streat Y Taylor
Teague N Teper Y Thomas N Tillman N Titus N Towery
N Trense Y Turnquest
Twiggs N Vaughan N Walker N Wall N Watson N Watts N Westmorland Y White N Williams, B N Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 65, nays 94.
The motion was lost and the report of the Committee of Conference on SB 396 was rejected.

Representative Johnson of the 148th arose to a point of personal privilege and addressed the House.

Representative Colwell of the 7th arose to a point of personal privilege and addressed the House.

WEDNESDAY, MARCH 16, 1994

2597

Representative Twiggs of the 8th arose to a point of personal privilege and addressed the House.
Representative Lane of the 55th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had
under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 682 Do Pass Respectfully submitted,
/s/ Lane of the 55th Chairman
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker: The Senate insists on its amendment to the following Bill of the House:
HB 914. By Representative Culbreth of the 132nd: A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia 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.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
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 Annotated, 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 management systems are subject to reexamination by such department.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Slotin of the 39th, Walker of the 22nd and Ragan of the llth.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.

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JOURNAL OF THE HOUSE,

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Clay of the 37th, Oliver of the 42nd and Marable of the 52nd.

The Senate has disagreed to the House substitutes to the following Bills of the House:

SB 47. By Senator Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit certain motor vehicle insurers and insurance policies from requiring the use of certain companies or locations for glass replacement or repair services or products insured by such policies; to prohibit certain acts in furtherance of the prohibition.

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.

The Senate has disagreed to the House amendment to the Senate amendment to the following Bill of the House:

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 Annotated, relating to seeds and plants, so as to provide for a Seed Arbitration Council.

The Senate insists on its amendment to the following Bill 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 Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Early County.

The Senate insists on its substitute to the following Bill of the House:

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 salaried 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 Senate insists on its amendment to the following Bill of the House:

WEDNESDAY, MARCH 16, 1994

2599

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 Annotated, relating to jurisdiction of the Department of Corrections and designation 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.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Crotts of the 17th, Ralston of the 51st and Farrow of the 54th.

The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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 provide for an appointing authority and a proposed area of operation.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Ragan of the llth, Thomas of the 10th and Turner of the 8th.

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 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.

Representative Walker of the 141st moved that the House adhere to its position in substituting SB 31 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

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JOURNAL OF THE HOUSE,

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Walker of the 141st, Groover of the 125th and Porter of the 143rd.

The following Bill of the Senate was taken up for the purpose of considering the report of the 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 12

The Committee of Conference on SB 12 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 12 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ David Scott Senator, 36th District

/s/ Calvin Smyre Representative, 136th District

/a/ Johnny Isakson Senator, 21st District

/s/ Denmark Groover, Jr. Representative, 125th District

/s/ Pete Robinson Senator, 16th District

Ralph Twiggs Representative, 8th District

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 provide for legislative intent and declarations; to restrict the authority of political subdivisions with respect to certain regulations of firearms; to define certain terms; to require certain information from a potential purchaser of a firearm; to provide for criminal history and involuntary hospitalization records checks; to provide for transaction numbers to be issued by the Georgia Bureau of Investigation; to provide for the establishment of a toll-free telephone number by the bureau for providing information to licensed firearms dealers; to provide procedures relating to the transmission of information between the bureau and licensed firearms dealers with respect to potential buyers of firearms; to provide for fees; to provide for confidentiality of information; to provide for certain records and reports; to prohibit certain individuals from purchasing or possessing a firearm; to provide that if a person is denied the right to purchase a firearm based on the records of the Georgia Bureau of Investigation and if the bureau will not amend the records, the

WEDNESDAY, MARCH 16, 1994

2601

person shall be entitled to petition the superior court for an order directing the Georgia Bureau of Investigation to amend the records; to provide that persons who are prohibited from purchasing or transporting a firearm based on a background check evidencing 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 possess or transport a firearm; to provide for amendments to certain criminal records or records of involuntary hospitalization; to provide procedures; to provide for certain actions to have erroneous records corrected; to provide for attorney's fees under certain circumstances; to provide civil immunity; to provide for applicability and exceptions; to provide certain exceptions with respect to the transfer of a firearm as collateral for a loan or as pledged goods in a pawn transaction; to prohibit certain acts in connection with the sale or purchase of firearms; to prohibit the breach of confidentiality with respect to certain records; to provide penalties; to provide for annual reports by the Georgia Bureau of Investigation; to restrict the authority of political subdivisions with respect to certain regulations of firearms but to authorize certain local regulations under certain conditions; 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 licensed firearms dealers concerning potential purchasers or transferees of firearms; 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 potential purchaser or transferee of a firearm; to provide for the purging of certain records of 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, so as to provide a fee for conducting a hearing to determine eligibility to purchase a firearm; 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 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding at the end thereof a new Part 5 to read as follows:
"Part 5
16-11-170. (a) It is the intention of this part 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 part shall in all respects be construed and administered in conformity with the provisions of the federal Brady Handgun Violence Protection Act, except that this part shall apply to firearms. Without limiting the generality of the foregoing, it is specifically intended that this part shall constitute a state law requiring verification by a state official that information available does not indicate that possession of a firearm by a proposed transferee would be in violation of law, as authorized under 18 U.S.C. Section 922(s)(l)(D).
16-11-171. As used in this part, the term: (1) 'Bureau' means the Georgia Bureau of Investigation. (2) 'Center' means the Georgia Crime Information Center within the Georgia
Bureau of Investigation. (3) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section
921, et seq., or Chapter 16 of Title 43. (4) 'Involuntarily hospitalized' means hospitalized as an inpatient in any mental
health facility pursuant to Code Section 37-3-81 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.

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JOURNAL OF THE HOUSE,

16-11-172. On and after January 1, 1995, 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 firearm as defined in Code Section 16-11-131 to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, until:
(1) The dealer has obtained a completed consent form from the potential buyer or transferee, which form shall have been promulgated by the bureau and provided by the licensed dealer, which shall include only the name, birth date, gender, race, and social security number or other identification number of such potential buyer or transferee;
(2) The dealer has inspected identification containing a photograph of the potential buyer or transferee;
(3) The dealer has requested, by means of a toll-free telephone call, that the bureau conduct a criminal history and involuntary hospitalization records check;
(4) The dealer has received a unique transaction number for that inquiry from the bureau verifying that the information available to the bureau does not indicate that possession of a firearm by the transferee would be in violation of federal or state law; and
(5) The dealer has recorded the date of receipt of the identifying number and the number on the consent form. 16-11-173. (a) Upon receipt of a request for a criminal history and involuntary hospitalization records check, the bureau shall immediately, during the licensee's call or by return call:
(1) Review all criminal history and involuntary hospitalization records electronically available to the bureau to determine if the potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant to state or federal law; and
(2) Inform the licensee making the inquiry that its records demonstrate that the potential buyer or transferee is so prohibited or provide the licensee with a unique transaction number.
(b) In the event that the electronic check of records available to the bureau as provided in subsection (a) of this Code section reveals the existence of a criminal history record not immediately available to the bureau so as to determine the eligibility of the potential buyer to purchase a firearm, the bureau shall in the same call or return call advise the licensee of such existing, but not immediately available, record. In that event, the licensee shall not complete the sale of the firearm until the bureau advises the licensee that information subsequently received as a result of that request shows that the potential buyer is not prohibited from receiving or possessing a firearm under state or federal law.
16-11-174. In the event of electronic failure or similar emergency beyond the control of the bureau or center which prevents or delays the checks from being made as provided in Code Section 16-11-173, the bureau shall immediately notify the requesting licensee of the reason for, and estimated length of, such delay.
16-11-175. The bureau shall be authorized to charge and collect a fee not in excess of $5.00 for each criminal history and involuntary hospitalization records check conducted pursuant to Code Section 16-11-173.
16-11-176. (a) Any records created by the bureau to conduct the criminal history and involuntary hospitalization records check containing any of the information set forth in paragraph (1) of Code Section 16-11-172 pertaining to a potential buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm by reason of state or federal law shall be confidential and may not be disclosed by the bureau or any officer or employee thereof to any person or to any other agency. The bureau shall destroy any such records, except a log which shows the date of a request, the unique transaction number assigned to the request, and the name and other identifying information of the dealer, but not including the name and other identifying information relative to the potential buyer, forthwith after it communicates the corresponding transaction number to the licensee and, in any event, such records shall be destroyed within ten days after the day of the receipt of the licensee's request; provided, however, that in those

WEDNESDAY, MARCH 16, 1994

2603

instances where completion of the criminal history and involuntary hospitalization records check takes longer than ten days to complete, such identifying records may be maintained until the completion of the records check.
(b) Notwithstanding the provisions of subsection (a) of this Code section, the bureau may maintain only a log of dates of requests for criminal history and involuntary hospitalization records checks and unique transaction numbers corresponding to such dates and the name, address, and other identifying information of the dealer but not the name or other identifying information relative to the potential buyer for a period of not longer than one year.
16-11-177. The bureau shall establish a toll-free telephone number which shall be operational seven days a week between the hours of 8:00 A.M. and 10:00 P.M. for purposes of responding to inquiries as described in this part from licensed dealers. The bureau shall employ and train such personnel as are necessary to administer expeditiously the provisions of this Code section.
16-11-178. (a) Any person who is denied the right to receive or purchase a firearm as a result of the procedures established by this part 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 subsection (b) of this
Code section, 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 or pos-
session of a firearm by state or federal law, the bureau shall destroy any records it maintains which contain any information derived from the criminal history record check set
forth in paragraph (1) of Code Section 16-11-172. (b) In addition to other provisions of law relating to prohibitions against possessing
or transporting a firearm, any individual who has been involuntarily hospitalized within
five years immediately preceding the date of an application for a firearm shall be prohibited from purchasing or possessing a firearm; provided, however, that, if after a hear-
ing before the committing court, the probate judge or judge of the superior court determines that based on the evidence submitted by such applicant and any other evi-
dence required by the judge that such applicant is not a danger to himself or herself or others, such applicant shall not be deemed ineligible to purchase a firearm as a result
of being involuntarily hospitalized. If such applicant is not deemed ineligible to purchase
a firearm, the bureau shall destroy any records it maintains which contain any information derived from the involuntary hospitalization records checks set forth in paragraph
(1) of Code Section 16-11-172. (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. If the person prevails in the action, the court shall allow the person reasonable attorney's fees as part
of the costs. 16-11-179. The bureau shall promulgate regulations to ensure the identity, confiden-
tiality, and security of all records and data provided pursuant to this part. Any government official who willfully or intentionally compromises the identity, confidentiality, 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. 16-11-180. Compliance with the provisions of this part shall be a complete defense
to any claim or cause of action under the laws of this state for liability for damages aris-
ing from the sale or transfer of any firearm which has been shipped or transported in interstate or foreign commerce to any person who has been convicted in any court of
a crime punishable by imprisonment for a term exceeding one year. 16-11-181. (a) The provisions of this part shall not apply to:
(1) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;
(2) Any replica of any firearm described in paragraph (1) of this Code section if such replica is not designed or redesigned to use rimfire or conventional center-fire

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JOURNAL OF THE HOUSE,

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 firearm which is a curio or relic as defined by 27 C.F.R. 178.11; (4) Potential buyers or transferees who hold a valid permit or license to carry a pistol or revolver pursuant to Code Section 16-11-129 and who exhibit such permit or license to a licensed dealer; and (5) Peace officers certified by the Georgia Peace Officer Standards and Training Council. (b) Notwithstanding any other provisions of this part, in any case where a person has transferred a firearm as collateral for a loan or as pledged goods in a pawn transaction and such transaction has been carried out pursuant to the provisions of this part, upon such person reclaiming or redeeming the firearm from the dealer or upon such person transferring any other firearm as collateral or pledged goods to the same dealer or reclaiming the same at any time during the calendar year as the original transaction with such dealer, the provisions of this part shall not apply to such transfers subsequent to the original transfer during such calendar year. 16-11-182. (a) Any licensed dealer or any government official who willfully and intentionally requests a criminal history and involuntary hospitalization records check from the bureau for any purpose other than compliance with this part or willfully and intentionally disseminates any criminal history or involuntary hospitalization records information to any person other than the subject of such information shall be guilty of a felony. (b) Any person who, in connection with the purchase, transfer, or attempted purchase or transfer of a firearm pursuant to Code Section 16-11-172, willfully and intentionally makes any materially false oral or written statement or willfully and intentionally furnishes or exhibits any false identification intended or likely to deceive the licensee shall be guilty of a misdemeanor.
(c) Any licensed dealer who willfully and intentionally sells or delivers a firearm in violation of this part shall be guilty of a misdemeanor.
(d) Any purchaser or owner of a firearm who transfers the firearm at any time to a person who is prohibited from possession of a firearm by state or federal law shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years.
16-11-183. The bureau shall provide the standing Judiciary Committees of the Senate and House of Representatives an annual report including the number of inquiries made pursuant to this part for the prior calendar year. Such report shall include, but not be limited to, the number of inquiries received from licensees, the number of inquiries resulting in a determination that the potential buyer or transferee was prohibited from receipt or possession of a firearm pursuant to state or federal law, the estimated costs of administering this part, the number of instances in which a person requests amendment of the record pertaining to such person pursuant to subsection (a) of Code Section 16-11-178, the number of instances in which the superior court issued an order directing the bureau to amend a record pursuant to subsection (a) of Code Section 16-11-178, and the number of instances in which the probate court or superior court issued an order directing the bureau to amend a record relative to involuntary hospitalization pursuant to subsection (b) of Code Section 16-11-178.
16-11-184. (a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern.
(b) No county or municipal corporation, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or components of firearms except as otherwise provided in subsections (c), (d), (e), and (f) of this Code section.
(c) On and after January 1, 1995, a county or municipal corporation may by ordinance approved by the governing authority of the county or municipal corporation, subject to the approval of a majority of the qualified electors of such political subdivision voting in a referendum thereon, require that a certain period not exceeding three days

WEDNESDAY, MARCH 16, 1994

2605

excluding Saturday, Sunday, and legal holidays shall elapse from the date that a potential buyer or transferee completes a consent form as provided in paragraph (1) of Code Section 16-11-172 before the dealer is authorized to sell or transfer a firearm to said buyer or transferee; provided, however, that such waiting period not exceeding three days shall not apply if the purchaser exhibits to the dealer a valid permit or license to carry a pistol or revolver pursuant to Code Section 16-11-129. The provisions of this part shall apply in addition to any waiting period required by an ordinance enacted pursuant to this subsection.
(d) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government.
(e) 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.
(f) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from requiring the ownership of guns by heads of households within the political subdivision."
Section 2. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, 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 persons 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 each dealer as provided in Code Section 16-11-173 as to whether a named potential buyer or transferee of a firearm is prohibited from purchasing or possessing a firearm by state or federal law pursuant to the requirements of Part 5 of Article 4 of Chapter 11 of Title 16. The director of the center shall establish with adequate staff and adequate telephone lines a toll-free telephone number as required in Code Section 16-11-177.
(2) The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized. Notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Sections 16-11-173 and 16-11-174, 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 concerning persons involuntarily hospitalized after the effective date of this subsection 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 Sections 16-11-173 and 16-11-174 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 Sections 16-11-172 and 16-11-173, 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 from the records of the clerks of the superior courts concerning persons involuntarily hospitalized after the effective date of this subsection 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 Sections 16-11-172 and 16-11-173 and to preserve the confidentiality of patients' rights in all other respects. After five years have elapsed from the date that a person's involuntary hospitalization information has been received by the Georgia Crime Information Center, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period."
Section 3. Said Article 2 of Chapter 3 of Title 35 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 follows:

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JOURNAL OF THE HOUSE,

"(f) If the center has notified a firearms dealer that a person is prohibited from purchasing or possessing a firearm pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 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 to possess or transport a firearm."
Section 4. 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:
"(29) For hearing to determine eligibility to purchase a firearm...............................................................................................30.00"
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 paragraph (1) of subsection (e) a new subparagraph (CC) to read as follows:
"(CC) For hearing to determine eligibility to purchase a firearm...............................................................................................30.00"
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval but shall only apply to the sale or transfer of firearms on and after January 1, 1995; provided, however, that no local ordinance which was in effect on January 1, 1994, shall be affected by Code Section 16-11-184 until January 1, 1995, at which time, unless enacted subsequent to the effective date of this Act as provided by that Code section, any such ordinance shall be of no further force or effect.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Smyre of the 136th moved that the House adopt the report of the Committee of Conference on SB 12.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe N Atkins
N Bailey Y Baker N Bannister N Barfoot N Bargeron N Barnes Y Bates N Benefield N Birdsong Y Bordeaux
Bostick N Breedlove
N Brooks. D Y Brooks, T Y Brown
N Buck Y Buckner N Bunn Y Burkhalter NByrd
Y Campbell Y Canty Y Carlisle N Carrell
N Carter Y Cauthorn Y Chambless N Chandler N Channel! Y Childers

N Clark
Y Coker N Coleman, B N Coleman. T
Colwell Y Connell NCox N 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 Y Epps N Evans N Felton N Floyd, J.M N Floyd, J.W
Y Godbee Y Golden N Goodwin
N Greene Y Groover Y Hammond N Hanner Y Harris, B

N Harris, M YHart Y Heard Y Hegstrom N Hembree Y Henson N Holland
Y Holmes Y Howard N Hudson N Hughes Y Hugley Y Irvin Y James N Jamieson N Jenkins N Johnson, D.H
N Johnson, E N Johnson, G N Johnson, J E Johnston Y Jones N Joyce N Kaye N Kinnamon Y Klein NLadd N Lakly N Lane, D
N Lane, R N Lawrence N Lawson

NLee N Lewis
Lord Y Lucas N Maddox NMann Y Martin Y McBee Y McClinton N McKinney N Milam N Mills
Y Mobley, B N Mobley, J N Moore N Mosley N Mueller E Oliver Y O'Neal Y Orrock
N Padgett E Parham N Parrish
Patten
Y Pelote Perry
N Pinholster N Poag Y Polak N Porter N Poston N Powell

N Purcell, A Y Purcell, B Y Randall Y Randolph NRay N Reaves
N Reichert N Roberts N Royal N Scoggins N Shanahan Y Sherrill Y Shipp N Simpson Y Sinkfield N Skipper Y Smith, C
N Smith, L Y 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 N Stephenson N Streat Y Taylor Y Teague

WEDNESDAY, MARCH 16, 1994

2607

Y Teper N Thomas Y Tillman
N Titus

Y Towery Y Trense Y Turnquest
Twiggs

N Vaughan N Walker N Wall
N Watson

N Watts N Westmoreland
White
N Williams, B

N Williams, R N Yates N Yeargin
Murphy, Spkr

On the motion, the ayes were 63, nays 105.
The motion was lost and the report of the Committee of Conference on SB 12 was rejected.

Representative Dixon of the 168th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative McKinney of the 51st arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 669. By Senators Dean of the 31st and Ray of the 19th:
A bill to amend Code Section 43-13-13 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 14 of Title 43 concerning the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that said Chapter 14 of Title 43 shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 43-14-13 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 14 of Title 43 concerning the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that said Chapter 14 of Title 43 shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system; to provide that such propane dealers shall be prohibited from performing the installation of conditioned air systems or forced heating air systems unless licensed to do so under said chapter; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-14-13 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 14 of Title 43 concerning the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by adding at the end thereof a new subsection (o) to read as follows:
"(o) This chapter shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system; provided, however, that such propane dealers shall be prohibited from performing the installation of conditioned air systems or forced heating air systems unless licensed to do so under this chapter."

2608

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 substitute, offered by Representative Watts of the 26th was read and adopted:

A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, so as to change the provisions relating to the suspension of, or refusal to restore, licenses and certificates 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 licensed conditioned air contractor or a licensed plumber to execute and deposit a bond in the county of such licensee's principal place of business conditioned upon the work of the licensee complying with any ordinances or building and construction codes of any county or municipal corporation wherein the work of the licensee is performed; to provide for actions on the bond; to limit the liability of sureties; to prohibit any county or municipality from requiring any licensed conditioned air contractor or licensed plumber 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 ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes; to require a licensed conditioned air contractor or licensed plumber to file a copy of a required bond with the building official in the political subdivision wherein the work is being performed; to provide for the applicability and effect of this Act with respect to bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13; to provide that said Chapter 14 of Title 43 shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system; to provide that such propane dealers shall be prohibited from performing the installation of conditioned air systems or forced air heating systems unless licensed to do so under said chapter; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, is amended by striking in its entirety subsection (b) of Code Section 43-14-12, relating to the suspension of, or refusal to restore, licenses and certificates by municipal or county inspection authorities with respect to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) This chapter shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level] provided, however, that no county or municipality may require any licensed conditioned air contractor or licensed plumber who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes.
(2) In order to protect the public from damages arising from any work by a licensed conditioned air contractor or licensed plumber, which work fails to comply with the ordinances or building and construction codes adopted by any county or

WEDNESDAY, MARCH 16, 1994

2609

municipal corporation, any such licensed conditioned air contractor or licensed plumber may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed bj; a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved bjr the judge of the probate court. Such bond shall be conditioned upon all work done or supervised by such licensee complying with the provisions of any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said licensee's work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond.
(3) In any case where a bond is required under this subsection, the conditioned air contractor or plumber shall file a copy of the bond with the building official in the political subdivision wherein the work is being performed.
(4) The provisions of this subsection shall not apply to or affect any bonding r1e3q."uirements involving contracts for public works as provided in Chapter 10 of Title
Section 2. Said chapter is further amended by adding at the end of Code Section 43-14-13, relating to the applicability of Chapter 14 of Title 43 concerning the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, a new subsection (o) to read as follows:
"(o) This chapter shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system; provided, however, that such propane dealers shall be prohibited from performing the installation of conditioned air systems or forced air heating systems unless licensed to do so under this chapter."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
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
Clark Y Coker
Y Coleman, B Y Coleman, T Y Colwell Y Connell YCox N Crawford Y Crews Y Culbreth
Y Cummings Y Davis, G

Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart YEpps
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 Y Holland
Y Holmes Howard
N 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 E 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

2610

JOURNAL OF THE HOUSE,

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
Randall
Y Randolph Y Ray Y Reaves N Reichert Y Roberts Y Royal Y Scoggins

Y Shanahan Y Sherrill
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
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman
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 157, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Thomas of the 100th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 224 Do Pass SB 413 Do Pass, by Substitute SB 461 Do Pass SB 474 Do Pass SB 487 Do Pass, by Substitute SB 534 Do Pass

SB 556 Do Pass SB 571 Do Pass, by Substitute SB 576 Do Pass, by Substitute SB 609 Do Pass, by Substitute SR 392 Do Pass

Respectfully submitted, /s/ Thomas of the 100th
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:
The Senate has agreed to the Hart and Taylor amendment and has agreed to the House Committee Amendment, as amended by the Senate, to the following Bill of the Senate:

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.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

WEDNESDAY, MARCH 16, 1994

2611

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 Annotated, 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 Senate insists on its amendment to the following Bill of the House:

HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th, White of the 161st, Hembree of the 98th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Farrow of the 54th, Thompson of the 33rd and Boshears of the 6th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:
HB 533. By Representatives Stanley of the 50th, Davis of the 48th, Martin of the 47th, Randall of the 127th and Stanley of the 49th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and morals, so as to provide penalties for contributing to the delinquency of a minor by soliciting, coercing, intimidating, or conspiring with a minor to commit a violent crime.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Oliver of the 42nd, Langford of the 29th and Clay of the 37th.
The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th, Burton of the 5th, Ragan of the 32nd and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.

2612

JOURNAL OF THE HOUSE,

The Senate insists on its amendments to the following Bills of the House:

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 Institutions 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.

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.

The Senate has disagreed to the House amendment to the following Bill of the Senate:

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 Assembly; to create the Office of Sensory Affairs; to provide for a director and such official's appointment and powers and duties; to provide for recommendations and an annual report.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Crotts of the 17th, Henson of the 55th and Ragan of the llth.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

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 Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

WEDNESDAY, MARCH 16, 1994

2613

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 Annotated, 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 Senate has appointed a second Committee of Conference to the following Bill of the Senate:

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 provide a statement of legislative intent.
The President has appointed on the part of the Senate the following:
Senators Scott of the 36th, Clay of the 37th and Hill of the 4th.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 664. By Representatives Smith of the 169th, Byrd of the 170th, Streat of the 167th, Johnson of the 148th, Smith of the 174th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for blueberry plants growing in this state.

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House:

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 Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 170. By Representatives Thomas of the 100th, Chambless of the 163rd, Simpson of the 101st and Cauthorn of the 35th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the prefiling of bills and resolutions prior to legislative sessions; to provide for the preliminary assignment of such matters to committees and consideration of the same by such committees.

Representative Thomas of the 100th moved that the House insist on its position in disagreeing to the Senate amendment to HB 170 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.

2614

JOURNAL OF THE HOUSE,

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 100th, Chambless of the 163rd and Lee of the 94th.

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 Annotated, relating to jurisdiction of the Department of Corrections and designation 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.

Representative Thomas of the 100th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1784 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 100th, Barnes of the 33rd and Chandler of the 99th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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.

Representative Towery of the 30th moved that the House insist on its position in substituting SB 540.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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 report of the Committee of Conference was read:

WEDNESDAY, MARCH 16, 1994

2615

COMMITTEE OF CONFERENCE REPORT ON HB 415

The Committee of Conference on HB 415 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 415 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Arthur B. Edge, IV Senator, 28th District

/s/ Ronald A. Crews Representative, 78th District

/s/ Mike Egan Senator, 40th District

/s/ John Carlisle Representative, 107th District

/s/ Paul C. Broun Senator, 46th District

/s/ Theo Titus, III Representative, 180th District

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 define certain terms; to provide for the criminal offense of offering to assist in the commission of suicide and committing an act in furtherance thereof; to provide for the offense of inducing a person by certain means to commit suicide; 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 Annotated, 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: (1) 'Intentionally and actively assisting suicide' means direct and physical involve-
ment, intervention, or participation in the act of suicide which is carried out free of any threat, force, duress, or deception and with understanding of the consequences of such conduct.
(2) 'Suicide' means the intentional and willful termination of one's own life. (b) Any person who advertises, offers, or holds himself or herself out as offering that he or she will intentionally and actively assist another person in the commission of suicide and commits any overt act to further that purpose is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (c) Any person who, by any act which destroys the volition of another, such as fraudulent practices upon such person's fears, affections, or sympathies; duress; or any undue influence whereby the will of one person is substituted for the wishes of another, causes or induces such other person to commit or attempt to commit suicide shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. (d) The provisions of this Code section shall not be deemed to affect any of the laws, in whole or in part, that may be applicable to the withholding or withdrawal of medical or health care treatment pursuant to a living will, a durable power of attorney, or a written order not to resuscitate."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Crews of the 78th moved that the House adopt the report of the Committee of Conference on HB 415.
On the motion, the roll call was ordered and the vote was as follows:

2616

JOURNAL OF THE HOUSE,

N Ashe Y Atkins Y Bailey N Baker Y Bannister N Barfoot N Bargeron
Y Barnes N Bates Y Benefield Y Birdsong N Bordeaux
Bostick Y Breedlove Y Brooks, D N Brooks, T
N Brown YBuck
N Buckner
Y Bunn Y Burkhalter
Y Byrd Y Campbell
N Canty
Y Carlisle N Carrell Y Carter
Cauthorn Chambless Y Chandler N Channel! Y Childers Y Clark Y Coker Y Coleman, B N Coleman, T

Y Colwell Y Connell NCox
N Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans
Felton
Y Floyd, J.M Y Floyd, J.W N Godbee N Golden Y Goodwin
Greene Y Groover N Hammond
Hanner Y Harris, B Y Harris, M YHart Y Heard N Hegstrom
Y Hembree N Henson Y Holland
Holmes

N Howard N Hudson Y Hughes
Y Hugley Y Irvin
N James N Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G
Y Johnson, J E Johnston
N Jones Y Joyce
YKaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane, D
Lane, R Y Lawrence Y Lawson Y Lee Y Lewis N Lord
N Lucas Y Maddox YMann
N Martin N McBee N McClinton
N McKinney Y Milam Y Mills

On the motion, the ayes were 110, nays 51. The motion prevailed.

N Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
N Orrock Y Padgett E Parham N Parrish
Patten N Pelote
N Perry Pinholster
NPoag N Polak Y Porter N Poston Y Powell
N Purcell, A N Purcell, B Y Randall N Randolph Y Ray
Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson N Sinkfield
N Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre N Snow
N Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson N Streat
Y Taylor N Teague N Teper
Thomas Y Tillman Y Titus
Y Towery N 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

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 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 provide for an appointing authority and a proposed area of operation.

Representative Byrd of the 170th moved that the House adhere to its position in amending SB 618 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 Byrd of the 170th, Dixon of the 150th and Titus of the 180th.

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in amending the same:

WEDNESDAY, MARCH 16, 1994

2617

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.

Representative Floyd of the 138th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1798 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 Floyd of the 138th, Reaves of the 178th and Purcell of the 147th.

HB 914. By Representative Culbreth of the 132nd:
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.

Representative Culbreth of the 132nd moved that the House insist on its position in disagreeing to the Senate amendment to HB 914 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 Lord of the 121st, Culbreth of the 132nd and Williams of the 114th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 47. By Senator Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit certain motor vehicle insurers and insurance policies from requiring the use of certain companies or locations for glass replacement or repair services or products insured by such policies; to prohibit certain acts in furtherance of the prohibition.

Representative Culbreth of the 132nd moved that the House insist on its position in substituting SB 47.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

2618

JOURNAL OF THE HOUSE,

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 Institutions 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.

Representative Godbee of the 145th moved that the House insist on its position in disagreeing to the Senate amendment to HB 929 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Godbee of the 145th, Buck of the 135th and Hammond of the 32nd.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto:

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.

The following Senate amendment was read:

Amend the House amendment to SB 395 by adding after line 14 of said amendment the following:
"By striking line 1 of page 1 and inserting 'To amend Chapter 2 of Title'.
By striking line 3 of page 1 and inserting 'elementary, secondary, and adult education, so as to define certain'.
By striking line 11 of page 1 and inserting 'or guardians; to change the provisions relating to medical and dental insurance for members of local boards of education; to provide for related matters; to repeal'.
By striking lines 14 through 17 of page 1 and inserting in their place the following:
'Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding at the end of Part 2 of Article 16 thereof the following:'.
By striking lines 25 and 26 of page 2 and inserting in their place:
'Section 2. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 20-2-55, relating to per diem and expenses of members of local boards of education, and inserting in its place the following:
"(1) A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate and for the spouses and

WEDNESDAY, MARCH 16, 1994

2619

dependents of such members on the same terms that such insurance is provided for employees of that local board and for the spouses and dependents of such employees. Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, or by a policy secured by an organization of local school boards. A board providing such insurance shall pay no greater percentage of the cost of that insurance for individual or family coverage than the percentage of the cost paid as an employer contribution by the state for individual or family coverage, respectively, under the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder
be paid as an employee contribution by the board member.'"
Section 3. All laws and parts of laws in conflict with this Act are repealed.".

Representative Godbee of the 145th moved that the House disagree to the Senate amendment to the House amendment to SB 395.

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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 salaried 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.

Representative Williams of the 114th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1308 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 Lord of the 121st, Culbreth of the 132nd and Williams of the 114th.

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 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 Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Early County.

Representative Cox of the 160th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1715 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.

2620

JOURNAL OF THE HOUSE,

The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Cox of the 160th, Royal of the 164th and Greene of the 158th.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th: A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.

The following Senate amendment was read:

Amend HB 710 by adding following the word and symbol "court;" on line 4 of page 1 the following:
"to change the provisions relating to longevity increases;".
By redesignating Sections 2 and 3 as Sections 3 and 4.
By adding between lines 9 and 10 of page 5 a new Section 2 to read as follows:
"Section 2. Said article is further amended by striking in its entirety Code Section 15-9-65, relating to longevity salary increases, and inserting in lieu thereof a new Code Section 15-9-65 to read as follows:
'15-9-65. The amounts provided in paragraph (1) of subsection (a) of Code Section 15-9-63 and Code Section 15-9-64, as increased by paragraph (2) of subsection (a) of Code Section 15-9-63, shall be increased by 6 percent fef each four-year term ef office multiplying said amounts bj[ the percentage which equals 5 percent times the number of completed four-year terms of office served by any judge of a probate court after December 31, 1976, figured at the end effective the first day of January following the completion of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation provides for a salary lower than the salary provided in Code Sections 15-9-63, 15-9-64, this Code section, and Code Sections 15-9-66 and 15-9-67, in which event Code Sections 15-9-63, 15-9-64, this Code section, and Code Sections 15-9-66 and 15-9-67 shall prevail.'"

Representative Purcell of the 147th moved that the House disagree to the Senate amendment to HB 710.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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 certain information to be exchanged between parties to a motor vehicle accident; 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.

WEDNESDAY, MARCH 16, 1994

2621

Representative Williams of the 63rd moved that the House adhere to its position in substituting SB 574 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 Williams of the 63rd, Harris of the 112th and Clark of the 40th.

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 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th, White of the 161st, Hembree of the 98th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.

Representative Mueller of the 152nd moved that the House insist on its position in disagreeing to the Senate amendment to HB 492 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 Mueller of the 152nd, Purcell of the 147th and Dixon of the 150th.

The following Resolution of the House was taken up for the purpose of considering the Senate amendments thereto:

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 following Senate amendments were read:

SENATE AMENDMENT NO. 1

Amend HR 921 by striking on line 25 of page 5 the following: "1995",
and inserting in lieu thereof the following: "1994".

SENATE AMENDMENT NO. 2 Amend HR 921 by striking from line 7 of page 6 the following:

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JOURNAL OF THE HOUSE,

"1995",

and inserting in lieu thereof the following: "1994".

Representative Snow of the 2nd moved that the House disagree to the Senate amendments to HR 921.
The motion prevailed.
By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:
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 provide for a referendum, effective date, and 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
Barfoot Bargeron Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux
Bostick
Y Breedlove Y Brooks, D
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
Clark 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 YEpps Y Evans Y Felton
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
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 E Jobnston
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 YMann Y Martin
Y McBee Y McClinton Y 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
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
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 Westmorland
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.

WEDNESDAY, MARCH 16, 1994

2623

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 Annotated, 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 Senate substitute was read:

A BILL
To amend Code Section 31-2-6 of the Official Code of Georgia Annotated, relating to actions against applicants or licensees regulated by the Department of Human Resources, so as to provide for administration; to amend Code Section 49-4-153, relating to administrative hearings and appeals, so as to provide for exhaustion of administrative remedies; to provide an exception; 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 responsibility 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 provide 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. Code Section 31-2-6 of the Official Code of Georgia Annotated, relating to actions against applicants or licensees regulated by the Department of Human Resources, is amended by striking subsection (1) and inserting in its place the following:
"(1) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'} except that:
(i) AH hearings in contested cases involving any sanction provided for this Code

totfltC D&F Or OOFlt} 8flu
{3} The proviaiona ef subsection {a} ef Code Section 60-13-17 snaH net apply."
Section 2. Said article is further amended by striking subsection (c) of Code Section 49-4-153, relating to administrative hearings and appeals, in its entirety and inserting in its place the following:
aggrieved party exhausts all the administrative remedies provided in this Code section, judicial review of the final decision of the commissioner may be obtained in the same manner and under the same standards as are applicable to those contested cases which are reviewable pursuant to Code Section 50-13-19; provided, however, that no other provision of Chapter 13 of Title 50 shall be applicable to the department with the exception of Code Sections 50-13-17 and 50-13-19. Notwithstanding any other provision of law, a

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JOURNAL OF THE HOUSE,

stay of the commissioner's final decision may be granted by a reviewing court to a provider of medical assistance only on condition that such provider posts bond with the
commissioner in favor of the state, with good and sufficient surety thereon by a surety company licensed to do business in this state, in an amount determined by the commissioner to be sufficient to recompense the state for all medical assistance which otherwise
would not be paid to the provider but for the granting of such a stay. A stay may be granted and renewed for time intervals up to three months, so long as bond is posted for every interval of time in which the stay is in effect."

Section 3. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," is amended by designating the existing Code sections 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 administrative 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 administrative 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 service of the state merit system and shall receive a salary to be determined by the Governor. 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 administrative 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 proceeding 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

WEDNESDAY, MARCH 16, 1994

2625

law judge a person who is not a member of the bar of this state or otherwise not qualified 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 qualifications of paragraphs (1) through (4) of this subsection. These full-time associate administrative 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 presided 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 Section 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 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 complexity 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 recommended 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 testimony 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 Administrative 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 writing 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 impracticable 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

2626

JOURNAL OF THE HOUSE,

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 modify 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 otherwise provided for in this subsection. 50-13-42. In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Public Service Commission, the Department of Transportation, the Health Planning Review Board, or the Health Planning Agency or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit these agencies 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 requirements. 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. 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 Administrative 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 equivalent 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 administrative 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 property should remain with the transferring agency. (c) Funding for functions and positions transferred to the Office of State Administrative 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 administrative 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 4. Said chapter is further amended by adding a new Code Section 50-13-20.1 to read as follows:

WEDNESDAY, MARCH 16, 1994

2627

"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 Section 50-13-19 except that the procedure and standard of judicial review specifically provided for an agency shall be applied and shall not be affected, altered, or changed by Article 2 of this chapter."
Section 5. This Act shall become effective July 1, 1994, for purposes of commencing transfer of positions, independent hearing officers, employees, and equipment and for general 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 Administrative Hearings shall, where necessary for any class of hearings, promulgate rules and regulations 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 6. 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, Walker of the 141st and Murphy of the 18th move to amend the Senate substitute to HB 1443 as follows:
By deleting from lines 7 & 8 "the Department of Transportation,".

Representative Walker of the 141st moved that the House agree to the Senate substitute, as amended by the House, to HB 1443.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker
Bannister Barfoot Y Bargeron Y Barnes Bates Y Benefieid Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks, D 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
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
YKpps Y Evans
Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee
Golden Y 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 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 E Johnston
Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd
Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
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
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

Ray 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
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 Y Teper Y Thomas Y Tillman Y Titus Y Towery

2628

JOURNAL OF THE HOUSE,

Y Trense Y Turnquest Y Twiggs

Y Vaughan Walker
Y Wall

Y Watson Y Watts
Westmorland

White Williams, B Y Williams, R

Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 148, nays 0. The motion prevailed.

The Speaker Pro Tern assumed the Chair.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 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 Annotated, relating to local family and children services, so as to change the composition, qualifications, and manner of selecting county boards of family and children services; to provide for terms and vacancies; to provide for a chairperson and vice chairperson; to provide for compensation and expenses; to provide for effective dates.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 469

The Committee of Conference on SB 469 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 469 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

M Steve Thompson

/s/ Georganna T. Sinkfield

, / , ,~ , , /s/ Richard O. Marable /s/ John Parrish

/s/ Wm- J- " Bil1 " Lee
/s/ Thomas E. Cauthorn Representative, 35th District

A BILL
To amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county boards of family and children services, so as to change the manner of appointing members to such boards; to provide for vacancies, terms of office, and compensation; to provide for additional members at the option of the county governing authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county boards of family and children services, is amended by striking subsections (a) through (e) of Code Section 49-3-2, relating to appointment of members to such boards, and inserting in lieu thereof the following:
"49-3-2. (a) Each county board shall consist of five members who shall be appointed by the commissioner ef- human rcsourcca OR the recommendation a4 nomine tien of the county commissioner er beard ef commissioners ef ether legally constituted

WEDNESDAY, MARCH 16, 1994

2629

iisc&i OF iin&ncifti d^ent of tftc county, oucn county commissioner OP Doflrd or commis~
three influential and respected citizens, recognized (or their demonstrated interest in rftBfttty find cnlidfen services provided Dy trie county dcp&rtment, to? cocn position OR
fts t nominee) cflcn person so desi^ndted snd.il certiiy tft writing TO the county commis sioner OF Do&Fd of cominisstoners OF tiscsi OF iin&nctdi Q^ent tnft* tne person intends "to serve fts ft mcmoer of tnG Do&Fd if tiie person is ftp pointed to tne Dosrd" governins authority of the county. No person serving as a member of a county board on July 1^ 1994, shall have such person's term of office shortened by this subsection. On and after that date, however, vacancies in such office which occur for any reason, including but not limited to expiration of the term of office, shall be filled by appointment of the county governing authority except as provided in subsection (c) of this Code section. No elected officer of the state or any subdivision thereof shall be eligible for appointment to the county board. In making appointments to the county board of family and children services, the governing authority shall ensure that appointments are reflective of gender, race, ethnic, and age characteristics of the county population.
(b) The term of office of members of the county board shall be for five years and until the appointment and qualification of their respective successors, except that upon the expiration of the terms of the members of the county board in office on July 1,1968 1994, one member shall be appointed for a one-year term, one member for a two-year term, one member for a three-year term, one member for a four-year term, and one member for a five-year term.
(c) Appointments to fill vacancies on the county board caused by death, resignation, or removal before the expiration of a term shall be made for the remainder of such term in the same manner as provided in this Code section for original appointments. In the event that the county commissioner or beard of commissioners or county fiscal or finaneial agent governing authority of the county shall fail to recommend and nominate persons to fiH vacancies fill any such vacancy or any vacancy caused by expiration of term on the county board as required by this Code section within 90 days after such vacancy occurs, the commissioner may appoint members to the county board to fill such vacancies abacnt such recommendation and nomination.
(d) The commissioner nwty provide rules and regulations governing selection of persons TO seFvc fits cn&iFmcm find vicC"Cnflirmftn of eflcri county 8OciFd in addition to tri6 five members required by subsection (a) of this Code section, the county governing authority is authorized but not required to appoint two additional members. One such additional member shall be a school counselor employed in the county and one such additional member shall be a law enforcement officer of the county who is responsible for investigating reports of child abuse. Members appointed pursuant to this subsection shall be appointed for terms of five years and shall be paid the per diem authorized in subsection (e) of this Code section. Appointments to fill vacancies created by the death, resignation, or removal before the end of the term of a member appointed pursuant to this subsection shall be made in accordance with subsection (c) of this Code section.
(e) Members of the county board shall serve without compensation, except that they shall be paid a per diem of not less than $15.00 per month and shall be reimbursed for traveling and other expenses actually incurred in the performance of their official duties; provided, however, that the gross expenses assessed against a county shall not exceed the amount of the budget of the county previously set aside and levied by the county authorities for such expenses."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Lee of the 94th moved that the House adopt the report of the Committee of Conference on SB 469.
On the motion, the roll call was ordered and the vote was as follows:

2630

JOURNAL OF THE HOUSE,

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Bates Y Benefield
Birdsong Y Bordeaux
Bostick Y Breedlove
Brooks, D 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
Clark Coker Y Coleman, B
Coleman, T

Y Colwell Connell
YCox
N Crawford Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M
Y Dickinson YDix Y Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart
YEpps Y Evans
Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee
Golden Y Goodwin
Greene Y Groover
Y Hammond Hanner
Y Harris, B
Y Harris, M YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland
Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J E 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 Y McClinton
Y McKinney Y Milam Y Mills

On the motion, the ayes were 142, nays 1. The motion prevailed.

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
Poag 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
Shanahan Y Sherrill
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
Y Twiggs Y Vaughan Y Walker Y Wall
Watson
Watts Y Westmoreland
White Williams, B Y Williams, R Y Yates Y Yeargin Murphy, Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th, Burton of the 5th, Ragan of the 32nd and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.

Representative Godbee of the 145th moved that the House insist on its position in substituting SB 436.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment to the Senate amendment thereto:

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 Annotated, relating to seeds and plants, so as to provide for a Seed Arbitration Council.

WEDNESDAY, MARCH 16, 1994

2631

Representative Reaves of the 178th moved that the House recede from its position in amending the Senate amendment to HB 1641.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux 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 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
Greene Y Groover
Y Hammond Hanner
Y Harris, B Y Harris, M YHart Y Heard
Y Hegstrom Y Hembree
Henson Y Holland
Holmes

Y Howard
Y Hudson Y Hughes Y Hugley Y Irvin
James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson,J E 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 Y McClinton
Y 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
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
Randall Y Randolph
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
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 White
Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th, Burton of the 5th, Ragan of the 32nd and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Newbill of the 56th, Hill of the 4th and Marable of the 52nd.

2632

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 690. By Representative Barnes of the 33rd:
A bill to amend Code Section 17-15-8 of the Official Code of Georgia Annotated, relating to persons eligible for awards from the Georgia Crime Victims Compensation Board, so as to raise the maximum amount which may be awarded for a claim.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 690

The Committee of Conference on HB 690 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 690 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/si Cheeks Senator, 23rd District

/s/ Roy E. Barnes Representative, 33rd District

/s/ Marable Senator, 52nd District

/s/ Charlie Smith, Jr. Representative, 175th District

/s/ Ray Senator, 19th District

/s/ Matt Towery Representative, 30th District

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 additional 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 certain 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 dissemination of materials; to amend Code Section 15-21-112 of the Official Code of Georgia Annotated, 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

WEDNESDAY, MARCH 16, 1994

2633

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, relating 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 Beard 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 hardship; 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 Fd Criminal Justice Coordinating Council.
{6} (6) 'Fund' means the Georgia Crime Victims Emergency Fund. (6) (7) 'Investigator' means an investigator of the board. f?) (8) 'Victim' means a person who suffers financial hardship as a result of a personal 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 existence on June 30, 1992, is abolished.
(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 ft meeting ef-the board, pkts reimbursement ft* actual transportation costs incurred while traveling by public carrier ef the mileage allowance authorized for certain state officials and employees for the use ef- a personal automobile m connection with sucn attendance, i nc aoove snail fee paiu tft lieu GT any otncr per dicrfi; allowance, &t remuneration.
{D (c) The Governor shall appoint the director of the Georgia Crime Victims Emergency 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 Section 17-15-4 to read as follows:
"17-15-4. (a) The board shall have the following powers and duties: \L) rO, sppoint sucn employees necessftpy to 8.391st trie ctti'cctoF' HV ctirrym^ out tne
relating te the state merit system; (2) To contract fe* services from attorneys, actuaries, investigators, and other ape-
ci&iizeci pcrsonnci ts snciii oe nectwss8ry TO cnsDie *ne DO&FQ to c&rry out its functions} {3} (1) To promulgate suitable rules and regulations to carry out the provisions
and purposes of this chapter; {4) (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 assistance and data as will enable the board to determine the needs state wide for victim

2634

JOURNAL OF THE HOUSE,

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;
ify (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;
{6} (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;
?} (5) To render awards to victims of crimes or to those other persons entitled to receive awards in the manner authorized by this chapter; ._ 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;
{8} (6) To carry out programs designed to inform the public of the purposes of this chapter; and
{9) 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."
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 investigation 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 medical, 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

WEDNESDAY, MARCH 16, 1994

2635

completion of the investigation. If the director receives no application for review pursuant 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 persons 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 apprehension 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 40-6-3917
191 (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 compensation pursuant to this chapter if such person has received crime victims compensation 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 eligible 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 jurisdiction 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 considered 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,

2636

JOURNAL OF THE HOUSE,

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 committed criminally injurious conduct notwithstanding that by reason of age, insanity, drunkenness, 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 feasible. The board, upon finding that any claimant or award recipient has not fully cooperated with all law enforcement agencies, may deny, reduce, or withdraw any award. (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, however, with respect to any claim filed with the board as a result of a crime occurring on or after July l 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 $5,000.00 in the aggregate.
(2) No award under this chapter for the following losses shall exceed the maximum amount authorized: Category_____________________________________Maximum Award Lost Wages____________________________________$ 5,000.00 Funeral Expenses__________________________________3,000.00 Financial Hardship or
Loss of Support_____________________________________5,000.00 Medical___________________________________________5,000.00 Counseling_________________________________________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 infliction 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 determination. (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 application. (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' compensation pursuant to the laws of this state, provided that private sources shall not include contributions received from family members or persons or private organizations making charitable donations to a victim.

WEDNESDAY, MARCH 16, 1994

2637

(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 siblings of such deceased victim may be considered eligible for an award for the cost of psychological 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 10 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 subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(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 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 percent of the original fine."
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnes of the 33rd moved that the House adopt the report of the Committee of Conference on HB 690.
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
Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown Y Buck Y Buckner Y Bunn

Y Burkhalter Byrd
Y Campbell
Y Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers 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
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 E 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
Lord Lucas

2638

JOURNAL OF THE HOUSE,

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 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

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
Smith, T

On the motion, the ayes were 156, nays 0. The motion prevailed.

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 Westmorland
White
Y Williams, B Y Williams, R Y Yates Y 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 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th, Burton of the 5th, Ragan of the 32nd and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.

Representative Godbee of the 145th moved that the House adhere to its position in substituting SB 436 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Godbee of the 145th, Trense of the 44th and Purcell of the 147th.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 337. By Representative Wall of the 82nd:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that under certain conditions a court shall issue a writ of possession instanter notwithstanding Code Section 9-11-62; to provide that if a tenant fails to make any required payment into the registry of the court, a writ of possession shall be issued after the expiration of ten days.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 337

The Committee of Conference on HB 337 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 337 be adopted.

WEDNESDAY, MARCH 16, 1994

2639

FOR THE SENATE:
/s/ Mary Margaret Oliver Senator, 42nd District
/s/ Ron Slotin Senator, 39th District
/s/ Nadine Thomas Senator, 10th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roy E. Barnes Representative, 33rd District
/s/ Vinson Wall Representative, 82nd District
/s/ Robert A.B. Reichert Representative, 126th District

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 for the issuance of a writ of possession to be effective at the expiration of ten days after the entry of judgment against a tenant; to change the provisions relating to appeals and the practices and procedures connected therewith; to provide for payment into the registry of the court; 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 Annotated, relating to dispossessory proceedings, is amended by striking in its entirety subsection (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 judgment by default for all rents due, in open court or in chambers, as if every item and paragraph of the affidavit provided for in Code Section 44-7-50 were supported by proper evidence, without the intervention of a jury."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 44-7-55, relating to judgment and landlord's liability for wrongful conduct, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute. The court shall issue a writ of possession, both of execution for the judgment amount and a writ to be effective at the expiration of ten days after the date such 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 44-7-56, relating to appeal and payment of rent pending appeal, and inserting in lieu thereof a new Code Section 44-7-56 to read as follows:
"44-7-56. Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed within ten days of the date such judgment was entered and providedi further, that, after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of appeal and the trial judge may, within 15 days, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the court may upon motion of the landlord and upon good cause shown order the tenant shall to pay into the registry of the court all sums found by the trial court to be due for rent in order to remain in possession of the premises; . provided, however, that the The tenant shall also be required to pay

2640

JOURNAL OF THE HOUSE,

all future rent as it becomes due into the registry of the trial court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnes of the 33rd moved that the House adopt the report of the Committee of Conference on HB 337.
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 Benetield
Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks. D Y Brooks. T
Brown
Y Buck Y Buckner Y Bunn
N Burkhalter Byrd
Y Campbell Y Canty
Carlisle Y Carrell Y Carter Y Cauthorn
Y Chambless Y Chandler Y Channeil Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell
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 Y Ehrhart YEpps
Evans
Y 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 Hughes
Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H
Y Johnson, E Y Johnson, G
Y Johnson, J E Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein
YLadd Y Lakly
Y Lane, D Lane, R Lawrence
Y Lawson YLee Y Lewis
Lord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

On the motion, the ayes were 145, nays 2. The motion prevailed.

Mobley. B Y Mobley, J Y Moore
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
Poston
Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Reaves Y Reichert Roberts 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 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

Due to a mechanical malfunction, the vote of Representative Lawrence of the 64th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

WEDNESDAY, MARCH 16, 1994

2641

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 Annotated, relating to the return of certain personal property for ad valorem taxation, 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.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

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 evidence.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 170. By Representatives Thomas of the 100th, Chambless of the 163rd, Simpson of the 101st and Cauthorn of the 35th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the prefiling of bills and resolutions prior to legislative sessions; to provide for the preliminary assignment of such matters to committees and consideration of the same by such committees.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Henson of the 55th, Edge of the 28th and Hemmer of the 49th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

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 Annotated, relating to jurisdiction of the Department of Corrections and designation 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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Robinson of the 16th, Ralston of the 51st and Farrow of the 54th.

The Senate insists on its amendment to the following Bill of the House:

HB 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.

2642

JOURNAL OF THE HOUSE,

The Senate adheres to its amendments and has appointed a Committee of Conference on the following Bill of the House:
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 Institutions 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Perdue of the 18th, Thompson of the 33rd and Farrow of the 54th.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:
HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th, White of the 161st, Hembree of the 98th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Hill of the 4th, Marable of the 52nd and Newbill of the 56th.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Brown of the 26th, Oliver of the 42nd and Henson of the 55th.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 47. By Senator Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit certain motor vehicle insurers and insurance policies from requiring the use of certain companies or locations for glass replacement or repair services or products insured by such policies; to prohibit certain acts in furtherance of the prohibition.

WEDNESDAY, MARCH 16, 1994

2643

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Walker of the 22nd, Isakson of the 21st and Pollard of the 24th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 914. By Representative Culbreth of the 132nd:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia 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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Isakson of the 21st, Walker of the 22nd and Pollard of the 24th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill 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 Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Early County.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Ragan of the llth, Turner of the 8th and Farrow of the 54th.

The Senate insists on its amendment to the following Resolution of the House:

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 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 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 Assembly; to create the Office of Sensory Affairs; to provide for a director and such official's appointment and powers and duties; to provide for recommendations and an annual report.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Burton of the 5th, Boshears of the 6th and Marable of the 52nd.

2644

JOURNAL OF THE HOUSE,

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

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.

The following Senate amendment was read:

Amend the House substitute to SB 657 by striking lines 32 and 33 of page 6 and inserting in lieu thereof the following:
"originals are filed, except that this shall not be construed to prohibit the commission from hearing and deciding matters relating to such reports at the state capitol or any other place where the commission is authorized to meet.'"
By adding after line 31 of page 23 the following:
"(c) The following provisions enacted by this Act shall take effect on September 1, 1994:
(1) Subsections (d) and (e) of Code Section 21-5-41; (2) Subsections (d) and (e) of Code Section 21-5-42; (3) Subsections (c) and (d) of Code Section 21-5-43; and (4) Subsections (d) and (e) of Code Section 21-5-43.1."

Representative Chambless of the 163rd moved that the House agree to the Senate amendment, to the House substitute, to SB 657.
On the motion, 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 Birdsonn Y Bordeaux
Bostick N Breedlove
Y 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
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 N Crews Y Culbreth
Y Cummings N Davis, G Y Davis, M N Dickinson YDix 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
Greene Y Groover
Y Hammond Y Manner Y Harris, B Y Harris, M
N Hart

Y Heard N Hegstrom N Hembree
Y Henson Y Holland Y Holmes N Howard Y Hudson Y Hughes Y Hugley N Irvin
N James Jamieson Jenkins
Y Johnson, D.H Y Johnson, E N Johnson, G Y Johnson, J E Johnston Y Jones N Joyce N Kaye Y Kinnamon Y Klein Y Ladd N Lakly
Y Lane, D Y Lane, H Y Lawrence
Y Lawson Y Lee Y Lewis
Lord

Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton N McKinney
Milam N Mills N Mobley, B
Y 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 YPoag Y Polak
Porter N Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph

N Ray Reaves
Y 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 N Smith, V Y Smith, W
Smyre Y Snow Y Stancil, F Y Stancil, S
N Stanley, L N Stanley, P N Stephenson
Y Streat Y Taylor
N Teague N Teper Y Thomas
Tillman Y Titus Y Towery

WEDNESDAY, MARCH 16, 1994

2645

N Trense
N Turnquest N Twiggs

N Vaughan
Y Walker Y Wall

Y Watson
Y Watts N Westmorland

On the motion, the ayes were 112, nays 50. The motion prevailed.

N White
Y Williams, B N Williams, R

N Yates
Y Yeargin Murphy, Spkr

The following Resolution of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th, Ragan of the llth and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has contracted; to provide for the submission of this amendment for ratification or rejection.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SR 203

The Committee of Conference on SR 203 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 203 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Sonny Perdue Senator, 18th District

/s/ Larry Walker Representative, 141st District

/s/ Jack Hill Senator, 4th District

/s/ A. Richard Royal Representative, 164th District

/s/ J. Tom Coleman Senator, 1st District

/s/ Thurbert E. Baker Representative, 70th District

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize counties and municipalities to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such counties or municipalities with certain other neighboring counties and municipal corporations with which the assessing county or municipality has contracted for the purpose of development of regional facilities by such counties or municipalities; to provide for a definition; to provide for the allocation of certain other revenues; to provide for the public or private initiation of facilities; to provide for contract provisions concerning sharing of expenses and benefits and other matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV of the Constitution is amended by adding a new Paragraph IV to read as follows:

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JOURNAL OF THE HOUSE,

"Paragraph IV. Tax allocation; regional facilities. As used in this Paragraph, the term 'regional facilities' means industrial parks, business parks, conference centers, convention centers, airports, athletic facilities, recreation facilities, jails or correctional facilities, or other similar or related economic development parks, centers, or facilities or any combination thereof. Notwithstanding any other provision of this Constitution, a county or municipality is authorized to enter into contracts with: (1) any county which is contiguous to such county or the county in which such municipality is located; (2) any municipality located in such a contiguous county or the same county; or (3) any combination thereof. Any such contract may be for the purpose of allocating the proceeds of ad valorem taxes assessed and collected on real property located in such county or municipality with such other counties or municipalities with which the assessing county or municipality has entered into agreements for the development of one or more regional facilities and the allocation of other revenues generated from such regional facilities. Any such regional facility may be publicly or privately initiated. The allocation of such tax proceeds and other revenues shall be determined by contract between the affected local governments. Such contract shall provide for the manner of development, operation, and management of the regional facility and the sharing of expenses among the contracting local governments and shall specify the percentage of ad valorem taxes and other revenues to be allocated and the method of allocation to each contracting local government. Unless otherwise provided by law, such a regional facility will qualify for the greatest dollar amount of income tax credits which may be provided for by general law for any of the counties or municipalities which have entered into an agreement for the development of the regional facility, regardless of the county or municipality in which the business is physically located. The authority granted to counties and municipalities under this Paragraph shall be subject to any conditions, limitations, and restrictions which may be imposed by general law."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize counties and cities to contract with neighboring counties and cities concerning regional facilities and the sharing of support of and benefits from such regional facilities?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Representative Walker of the 141st moved that the House adopt the report of the Committee of Conference on SR 203.
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 Bargerun Y Barnes Y Bates Y Benefield Y BirdsonK 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 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 Cummin|;s 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

WEDNESDAY, MARCH 16, 1994

2647

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 E 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 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
E Oliver

Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
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
Reaves Y Reichert
Y Roberts

On the motion, the ayes were 162, nays 1. The motion prevailed.

Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Y Sinklield Y Skipper Y Smith, C Y Smith, L
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 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

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

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 Annotated, 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 Senate amendments were read:

SENATE AMENDMENT NO. 1

Amend HB 1389 by striking Section 3 in its entirety on lines 3 through 6 on page 3 which reads 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."
By striking from line 7 of page 3 the following:
"Section 4",
and inserting in lieu thereof the following:
"Section 3".

SENATE AMENDMENT NO. 2

Amend HB 1389 by adding in the title on line 8 of page 1 after "generally;" the following:
"to provide for the training and certification of communications officers and related purposes;".

2648

JOURNAL OF THE HOUSE,

By adding between lines 2 and 3 of page 3 the following:
"Section 2.1. Said chapter is further amended by adding a new Code Section 35-8-23 to read as follows:
'35-8-23. (a) As used in this Code section, the term "communications officer" means and includes any person employed by a local governmental agency to receive, process, or transmit public safety information and dispatch law enforcement officers, firefighters, medical personnel, or emergency management personnel.
(b) Any person employed on or after July 1, 1995, as a communications officer shall satisfactorily complete a basic training course approved by the council. Persons who are employed on July 1, 1994, shall register with the council and may be certified by voluntarily complying with the certification process. Any person who fails to comply with the registration or certification process of the council shall not perform any duties of a communications officer and may have his or her certificate sanctioned or revoked.
(c) The council shall administer and coordinate the training for communications officers and conduct administrative compliance reviews. The council shall be authorized to promulgate rules and regulations to facilitate the administration and coordination of training, standards, certification, and compliance reviews consistent with the provisions of this Code section. The costs of the training shall be paid from funds appropriated to the council.'"

Representative Twiggs of the 8th moved that the House agree to the Senate amendments to HB 1389.
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 Benei'ield Y Birdsong
Bordeaux Bostick Y Breedlove
Y Brooks. D 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 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 God bee Y Golden Y Goodwin
Greene Y Groover Y Hammond Y Manner Y Harris, B Y Harris, M YHart
Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson
Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E 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 YMann Y Martin
Y McBee Y McClinton
Y McKinney Y Milam Y Mills

On the motion, the ayes were 158, nays 0.

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
Randolph YRay
Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkl'ield Y Skipper

Y Smith, C Y Smith, L
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 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

WEDNESDAY, MARCH 16, 1994

2649

The motion prevailed.

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 Annotated, relating to determination of the amount of security required under the "Motor Vehicle Safety Responsibility Act," so as to provide that the Department 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 section which is received more than 12 months after the date of the accident.

The following Senate amendment was read:

Amend HB 1653 on page 1, line 8 by replacing "12" with "six" and on page 2, line 1 by replacing "12" with "six".

Representative Twiggs of the 8th moved that the House agree to the Senate amendment to HB 1653.
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 Beneiield Y Birdsong
Bordeaux 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 Chamble^ 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 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
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
E 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 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
Y Poag Y Polak Y 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 Y Sinktield
Y Skipper

Y Smith, 0 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 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 Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 160, nays 0. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:

2650

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 Assembly; to create the Office of Sensory Affairs; to provide for a director and such official's appointment and powers and duties; to provide for recommendations and an annual report.

Representative Mueller of the 152nd moved that the House insist on its position in amending SB 521.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1130. By Representatives Godbee of the 145th, Coleman of the 142nd, Murphy of the 18th, Purcell of the 147th, Taylor of the 134th and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year, so as to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, conditions, and costs of such program.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1130

The Committee of Conference on HB 1130 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1130 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill Senator, 4th District

/s/ John Godbee Representative, 145th District

/s/ Richard O. Marable Senator, 52nd District

Is/ Tom Sherrill Representative, 62nd District

/s/ David Ralston Senator, 51st District

/s/ Sharon Trense Representative, 44th District

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change the permissible duration of employment contracts of school superintendents; to provide for funding for direct instructional costs; to provide for spending for instructional, operational, and staff and professional development costs; to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, conditions, costs, and funding of such program; to provide for student teachers and multisystem contracts;

WEDNESDAY, MARCH 16, 1994

2651

to change maximum spending requirements; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking subsection (a) of Code Section 20-2-101, relating to the appointment of school superintendents, and inserting in its place the following:
"(a) Superintendents of each school system shall be employed by the local board of education under written contracts for a term of not less than one year and not more than twe three years. Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after this subsection bccomco effective April 15, 1993, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before this subsection becomes effective April 15, 1993, as long as that contract was valid at such time."
Section 2. Said chapter is further amended by striking Code Section 20-2-167, relating to funding for direct instructional costs, media center costs, and staff development costs generally, and inserting in its place a new Code Section 20-2-167 to read as follows:
"20-2-167. (a) (1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (h) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the four instructional programs for handicapped students shall be summed into one amount for special education. For each program, each local school system shall spend a minimum of 90 percent of the funds designated for S8ldFi63 tft ctirfict instructions! costs for such sfllsncs QUO. ft minimunft of yy percent of the funds designated for operational costs on the direct instructional costs for such operational costs of such program, except as modified in this paragraph. F-e* purposes ef determining compliance with the 90 percent expenditure amounts, the separate identification ef salary and operational eest portions shall become effective en My -, 1002 Each local school system shall spend the sum of all funds designated for operational costs for such operational costs, summed across all programs. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts and the sum of funds designated for operational costs shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions ef the direct instructional costs of an instructional program. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 but does enroll a greater full-time equivalent count than was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 as reflected in the midterm calculations, the local school system shall be authorized to increase the 90 percent amount for the appropriate portions of the direct instructional costs of any or all of the instructional programs which experienced the greater than anticipated full-time equivalent counts and reduce the 90 percent amount for the appropriate portions of the direct instructional costs of the instructional programs which experienced the lower than anticipated full-time equivalent counts; provided, however, that the combined amount of such reductions shall be equal to the combined amount of increases in the 90 percent amounts for programs with greater than anticipated fulltime equivalent program counts; provided, further, that the 90 percent amounts for

2652

JOURNAL OF THE HOUSE,

direct instructional costs for any instructional program which experienced a lower than anticipated full-time equivalent count shall not be reduced below the 90 percent amount reflected in the midterm calculations. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for a program authorized pursuant to Code Section 20-2-161 and it elects to return a portion of that allocation for direct instructional costs to the state, the 90 percent amount for the appropriate portions of the direct instructional costs of that program shall be reduced by that returned amount. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other programs specified by that Code section.
(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a minimum of 90 percent of the funds designated for media center salary costs for such salaries and a minimum of 90 percent of the funds designated for media center materials costs for such materials. For purposes of determining compliance with the 90 percent expenditure amounts, the separate identification of salary and materials cost portions shall become effective on July 1, 1992. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the media center costs. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 percent amount for the appropriate portions of the media center costs shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for media center costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161.
(3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 90 100 percent of the total funds designated for staff development and professional development programs for certificated and classified personnel and local school board members and for meeting the certification requirements needed by personnel to continue in currently assigned positions. If a local school system expends taty portion ef its professional development stipends for staff development programs pursuant te sabscction {fe> ef Code Section 20-2-182, the 96 percent amount calculated tmder this sbsoction shall be increased by 90 percent ef- that amount of- professional development stipends funds expended for this purpose. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these 96 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local
school system does not actually enroll the full-time equivalent count that was antici-
pated by its initial allocation and it elects to return a portion of its allocation for staff
development and professional development costs to the state, the 96 100 percent

WEDNESDAY, MARCH 16, 1994

2653

amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Section 20-2-182.
(4) In the event any local school system should fail to encumber at least 90 percent of the funds specified in paragraph (1); or (2); er {3} of this subsection or the funds designated for operational costs in paragraph (1) of this subsection, the state board shall increase the local fair share for an ensuing year by the difference between the actual amounts encumbered and the 90 percent amounts or the funds designated for operational costs calculated pursuant to this subsection. All funds earned pursuant to
this article may be expended only for the operation of educational programs and ser-
vices explicitly authorized under this article. (5) The budget of each local school system shall reflect all anticipated revenues
from each source. The budget of each local school system shall designate all of such
anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the
purposes of that fund or account. There shall be no fund or account in the nature of a 'surplus' or 'unobligated surplus' fund or account. Each local school system may,
however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget
for any year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15
percent of that year's total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such
capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of
expenditure of such amounts are clearly and specifically identified. The purpose of
this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be
expended, and this paragraph shall be liberally construed to accomplish this purpose. (b) (1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educa-
tional information network established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The
computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited
to, the following costing information: (A) Instructional program involved;
(B) Whether basic education or enrichment in purpose; (C) Fund source or sources; and (D) Major program components such as instructional personnel, instructional
operations, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional develop-
ment. (2) The state board is authorized to prescribe information that must be submitted to the state board and the time it must be submitted. The state board is authorized
to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of adminis-
tration in training personnel in financial and budgetary accounting. (c) The State Board of Education is authorized to prescribe a date by which each
local unit of administration must submit a budget to the state board. The regulations

2654

JOURNAL OF THE HOUSE,

developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent. The State School Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit of administration. The state board shall either accept or reject the budget of a local unit.
(d) The standards set forth in this article shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the 'Budget Act.' The state board shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by Part 1 of Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds, none of which are amended, modified, or repealed by this article unless specifically so provided in this article."
Section 3. Said chapter is further amended by adding at the end of Code Section 20-2-168, relating to the minimum school year, the following:
"(f) Each local board of education shall annually provide for a 'Summer Opportunity Program,' to extend educational opportunities beyond the normal school year provided for in subsection (c) of this Code section. This program will be made available to students who have been retained in grades kindergarten through eight or who have failed academic subjects in these grades. This program shall be offered during the summer months for not less than six weeks at no tuition cost to eligible students. The Summer Opportunity Program may provide for lower teacher-pupil ratios, coordination with family connection resources where appropriate, school locations for the program nearest residential areas of the majority of students eligible to attend the program, transportation, instruction in subject areas failed by students, utilization of instructional technology, and include teachers who have demonstrated teaching success and rapport with students. Each local board shall submit a projected number of students eligible for the Summer Opportunity Program by grade to the Department of Education no later than November 30 of each year in order to have calculated the state cost to operate the Summer Opportunity Program for inclusion as a separate funding item in the midterm adjustment for the current fiscal year. The allocation of state funds to each local school system for such program shall be based upon the actual enrollment in the Summer Opportunity Program of eligible students in such system. The cost calculations and allocations shall be based upon the length of the Summer Opportunity Program and appropriate program weights for programs in paragraphs (1) through (4) of subsection (b) of Code Section 20-2-161 multiplied times the base weight amount as established in the General Appropriations Act for the most recent fiscal year adjusted for training and experience of teachers as specified in subsection (e) of Code Section 20-2-161 multiplied times the total full-time equivalency program count within each appropriate program which includes funds sufficient to provide for teacher salaries, instructional materials, and facilities maintenance and operations costs. Pupil transportation costs shall be calculated and allocated at one-sixth the annual costs for each bus operated for the Summer Opportunity Program, excluding costs for items paid in the initial allotment for each earned bus such as bus replacement and bus insurance costs. The State Board of Education is encouraged to coordinate with the board of regents to identify student teaching programs in appropriate university system institutions for the purpose of assigning student teachers to as many classes within each school system's Summer Opportunity Program as possible. This subsection in no way prohibits local boards of education from entering into a multisystem summer program contract to provide services identified in this subsection. Local boards are encouraged to expand the Summer Opportunity Program through the use of local funds, tuition, grants, scholarships, Chapter I, and all other available funds to provide summer educational opportunities for all
other students in the school system."

WEDNESDAY, MARCH 16, 1994

2655

Section 4. Said chapter is further amended by striking subsection (h) of Code Section 20-2-182, relating to program weights to reflect funds for payment of salaries and benefits, and inserting in its place a new subsection (h) of said Code section to read as follows:
"(h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall also reflect an amount of funds for the purpose of providing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropriation by the General Assembly. Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participation; provided, however, that such limit shall be adjusted annually, consistent with the percentage increase in the salary base determined pursuant to Code Section 20-2-212. No stipends shall be provided for less than one credit hour participation or for more than 15 hours within the fiscal year. Each credit hour shall require ten contact hours of participation. Funds used for staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet staff development needs in the order of priority determined by the local board of education within the comprehensive staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Funds for professional development stipends may be used for activities occurring at any time during the fiscal year outside of an employee's normal contract hours. A local school system shall be authorized to expend p to t& percent ef- its initial allot-
Or tUHG.3 fOF pPOVlQin^J pPOIC3SlOHQl QCVClOpWlOR* SLlpCIlClS IO1* Stfltl
programs as specified under this subsection. If any portion of professional development funds are not expended by a local school system for these purposes, that portion shall be returned to the state. Such staff and professional development activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232."
Section 5. Section 3 of this Act shall become effective only when funds are specifically appropriated for purposes of that section in an appropriations Act making specific reference to this Act. The remaining provisions of this Act shall become effective July 1, 1994.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Trense of the 44th moved that the House adopt the report of the Committee of Conference on HB 1130.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Bailey Y Baker
Y Bannister
Y Barfoot
Y Bargeron Y Barnes Y Bates Y Benet'ield
Y 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 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 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
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

2656

JOURNAL OF THE HOUSE,

Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E 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 Y McClinton Y McKinney Y Milam Y Mills Y Mobley, B
Y Mobley, J Y Moore
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
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
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 Westmorland Y White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 161, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 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.

The following Senate 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 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 enforcement agencies, in its entirety and inserting in lieu thereof a new Code Section 25-3-6 to read as follows:
"25-3-6. This article shall not affect the duties, powers, or responsibilities of the Safety Fire Commissioner, the state fire marshal, the sheriffs office, the Department of Public Safety, local law enforcement agencies, the Department of Agriculture, the Department of Natural Resources, the Georgia Forestry Commission, the Department of Transportation, the Department of Defense, or the Department of Human Resources."
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.

WEDNESDAY, MARCH 16, 1994

2657

Representative Powell of the 23rd moved that the House agree to the Senate substitute to HB 1570.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot
Bargeron Y Barnes Y Bates
Y Benefield Y Birdsong Y Bordeaux
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

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
YEpps Y Evans Y Felton Y Floyd. J.M Y Floyd, J.W
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 E Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly
Y Lane, D Y Lane, H Y Lawrence Y Lawson Y 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
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
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, 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 Y Trense Y Turnquest
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 motion, the ayes were 157, nays 0. The motion prevailed.

The Speaker assumed the Chair.

The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committee of Conference thereon:

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 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 renegotiation and filing.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1489

The Committee of Conference on HB 1489 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1489 be adopted.

2658

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Sonny Perdue Senator, 18th District
Sallie Newbill Senator, 56th District
/s/ Ron Slotin Senator, 39th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Eric B. Johnson Representative, 153rd District
/s/ A. Richard Royal Representative, 164th District
/s/ Jimmy Skipper Representative, 137th District

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 renegotiation 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 distribution 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 revenue. 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 jn 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 population served by the political jurisdiction and served during normal business hours, conventions, trade shows, athletic events and the inherent value to a community of a central business district and the unincorporated areas of the county and the obligation of all residents of the county for the maintenance and prosperity of the central business district and the unincorporated areas of the county;
(2) The service delivery responsibilities of each political subdivision to the resident population of the subdivision;
(3) The existing service delivery responsibility of each political subdivision; (4) The effect of a change in sales tax distribution on the ability of each political subdivision to meet its short-term and long-term debt; (5) The point of sale and use which generates the tax to be apportioned; (6) The existence of intergovernmental agreements among and between the political subdivisions; (7) The use by any political subdivision of property taxes and other revenues from some taxpayers to subsidize the cost of services provided to other taxpayers of the levying subdivision; and (8) Any coordinated plan of county and municipal service delivery and financing.

WEDNESDAY, MARCH 16, 1994

2659

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 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 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 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 certificate 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 commissioner 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 certificate 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 decennial 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 requirements 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 population. Although a renegotiated certificate is required within a time certain of the decennial 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 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 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 renegotiation proceedings by the county governing authority in behalf of all eligible political subdivisions within the special district. The eligible political subdivisions shall commence 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 municipality 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

2660

JOURNAL OF THE HOUSE,

shall be in accordance with the requirements specified in paragraph (1) of this subsection.
(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 municipalities 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 directions 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, whichever 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) No qualified municipality within the special district whose population is less than 5 percent of the population in the special district according to the United States decennial census of 1990 shall receive a reduced percentage of distribution than presently being received under the existing certificate prior to renegotiations required in paragraph (7) of this subsection unless the new agreement is executed by the qualified municipality. This paragraph shall apply only to the negotiations required by paragraph (7) of this subsection and shall not apply to any subsequent renegotiations required by this subsection.
(9) Political subdivisions shall be authorized, at their option, to renegotiate distribution certificates on a more frequent basis than is otherwise required under this subsection.
(10) 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.

WEDNESDAY, MARCH 16, 1994

2661

Representative Johnson of the 153rd moved that the House adopt the report of the Committee of Conference on HB 1489.
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 Barfout Y Bargeron Y' Barnes Y Bates Y Benefield Y Birdsong N Bordeaux
Bostick N Breedlove N Brooks, D
Brooks, T Y Brown YBuck Y Buckner Y Bunn N Burkhaller
YByrd N Campbell
N Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark
Y Coker Y Coleman, B Y Coleman, T

Colwell Y Connell Y Cox N Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M N Dickinson
Y Dix Y Dixon, H Y Dixon, S N Dobbs Y Ehrhart
Y Epps Evans
N Felton Y Floyd, J.M
Floyd, J.W
Y Godbee Y Golden Y Goodwin
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
James N Jamieson Y Jenkins
Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence N Lawson YLee Y Lewis Y Lord N Lucas N Maddox Y Mann Y Martin Y McBee Y Mcdintun Y McKinney Y Milam N Mills

On the motion, the ayes were 136, nays 21. The motion prevailed.

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 Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Reaves N Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper

Y Smith. C N Smith, L Y Smith, P
Smith, T Y Smith, V
Y Smith, W Smyre
YSnow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper Y Thomas
Tillman Y Titus Y Towery N Trense Y Turnquest _ Twiggs Y Vaughan Y Walker Y Wall Y Watson
Y Watts N Westmoreland Y White
Williams, B
Y Williams, R N Yates Y Yeargin
Murphy, Spkr

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1376

The Committee of Conference on HB 1376 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1376 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mike D. Crotts Senator, 17th District

1st Bobby Harris Representative, 112th District

/s/ David Ralston Senator, 51st District

/s/ Carlton H. Colwell Representative, 7th District

/s/ Steve Farrow Senator, 54th District

/s/ Alan Powell Representative, 23rd District

2662

JOURNAL OF THE HOUSE,

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; 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 Annotated, 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 drivers, 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; er (B) Reckless driving, as defined under state or local law; j (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 temporarily 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.

Representative Harris of the 112th moved that the House adopt the report of the Committee of Conference on HB 1376.
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 Birdsonfi Bordeaux Bostick
Y Breedlove Y Brouks. U Y Brooks. T
Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Cantv Y Carlisle Y Carrell Y Carter Y Cauthoru Y Chambless Y Chandler Y Channell Y Childers Y Clark

Y Coker
Y Coleman, B Y Coleman, T Y Colweli 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 Y Floyd, J.w Y Godbee Y Golden Y Goodwin
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 Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Y Lane, D Y Lane, K 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
Mueller E Oliver Y O'Neal
Orrock
Y Padgett E Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Porter
Y Poston Y Powell
Purcell, A Y Purcell, B
Randall
Y Randolph

YRay Reaves
N 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
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

WEDNESDAY, MARCH 16, 1994

2663

Y Trense Y Turnquest Y Twiggs

Y Vaughan Y Walker Y Wall

Y Watson Y Watts Y Westmorland

On the motion, the ayes were 160, nays 1. The motion prevailed.

Y White Y Williams, B Y Williams, R

Y Yates Y Yeargin
Murphy, Spkr

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 certain information to be exchanged between parties to a motor vehicle accident; 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 574

The Committee of Conference on SB 574 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 574 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ James W. Tysinger Senator, 41st District

/s/ B.J. Williams Representative, 63rd District

/s/ Rooney L. Bowen Senator, 13th District

/s/ Bobby Harris Representative, 112th District

/s/ G.B. Pollard Senator, 24th District

/s/ Steven Clark Representative, 40th District

A BILL
To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to require certain information to be exchanged between parties to a motor vehicle accident; to require the law enforcement officer at the scene of the accident to instruct the driver of each motor vehicle to provide certain information to other parties; to change 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 Program; to provide that a police officer may give a visual or an audible signal to bring a vehicle to a stop; to provide for other related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by adding immediately following Code Section 40-6-273, relating to the duty to report certain accidents, a new Code Section 40-6-273.1 to read as follows:
"40-6-273.1. The law enforcement officer at the scene of an accident required to be reported in accordance with the provisions of Code Section 40-6-273 shall instruct the

2664

JOURNAL OF THE HOUSE,

driver of each motor vehicle involved in the accident to report the following to all other parties suffering injury or property damage as an apparent result of the accident:
(1) The name and address of the owner and the driver of the motor vehicle; (2) The license number of the motor vehicle; and (3) The name of the liability insurance carrier for the motor vehicle or the fact that such driver has a certificate of self-insurance issued pursuant to Code Section 40-9-101."
Section 2. Said chapter is further amended by striking subsection (d) of Code Section 40-6-3^1.1, relating to pleas of nolo contendere in cases of driving under the influence of alcohol or drugs, and inserting in its place a new subsection to read as follows:
"(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit satisfactory evidence of such completion to the Department of Public Safety and the court within i20 days of the issuance ef the court order. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The court shall, at the time of surrender of the driver's license to it, issue a temporary driving permit which shall expire not more than 120 days from its issuance. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, h the 120 day driving permit shall be invalid and his or her driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program."
Section 3. Said chapter is further amended by striking subsection (a) of Code Section 40-6-395, relating to fleeing or attempting to elude a police officer, in its entirety and inserting in its place the following:
"(a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual and or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle."
Section 4. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Section 2 of this Act shall apply with respect to matters pending on that date as well as matters arising thereafter.
(b) Section 1 of this Act shall become effective on July 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Williams of the 63rd moved that the House adopt the report of the Committee of Conference on SB 574.
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
Y Benefield
Y 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 Cantv

Y Carlisle Y Carrell Y Carter
Cauthorn
Y Chambless Y Chandler

WEDNESDAY, MARCH 16, 1994

2665

Y Channell
Y Childers Y Clark Y Coker Y Coleman, B Y Coleman. T
Y Colwell
Y Cimnell
Y Cox
Y Crawt'ord
Y Crews Y Culbreth
Y Cummin^ 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
Floyd, J W Y Godbee Y Golden Y Goodwill
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, 0
Y Johnson. J
E Johnston
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
Y Lucas
Y Maddox Y Mann
Y Martin Y McBee Y McClinton Y McKinney Y Milam Y Mills Y Mobley, B
Y Moblev, J Y Moore Y Mosley
Mueller
E Oliver
Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish
Patten

On the motion, the ayes were 160, nays 0. The motion prevailed.

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 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
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 Y Yeargin
Murphy, Spkr

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 Annotated, relating to participation in or contribution to political campaigns by employees of the Department of Public Safety, so as to provide for an exception; 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1333

The Committee of Conference on HB 1333 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1333 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is,/ A.C. "Bob" Guhl Senator, 45th District

/s/ Ralph Twiggs Representative, 8th District

/s/ Rooney L. Bowen Senator, 13th District

kl Michael Snow Representative, 2nd District

/s/ Don Cheeks Senator, 23rd District

/s/ Robert Harris Representative, 112th District

2666

JOURNAL OF THE HOUSE,

A BILL
To amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Public Safety, so as to repeal certain provisions relating to participation in 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 Annotated, relating to general provisions relative to the Department of Public Safety, is amended by striking Code Section 35-2-12 and inserting in lieu thereof a new Code section to read as follows:
oo~z~l^. \ft/ i\o person tft t-tic employ ot trie dcp&rtiTicitt snQll tfittc tiny psrt tn tftc

fb) 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 committee for political campaign or election in county or state primaries or general elections.
\c) yvny employee Ox tne department touno to nave violated tnio OOQC section snail be terminated from the department."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Snow of the 2nd moved that the House adopt the report of the Committee of Conference on HB 1333.
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
Bostick N Breedlove N Brooks. D Y Brooks. T Y Brown Y Buck Y Buckner Y Bunn Y Burkhaiter 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 Coleman, B
N 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 Y Dixon, 8 Y Dobbs Y Ehrhart
Epps Y Evans Y Felton Y Floyd. J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin
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 E Johnston
Jones Y Joyce Y Kaye Y Kinnamon Y Klein YLadd N Lakly Y Lane, I) Y Lane, K Y Lawrence Y Lawson Y Lee Y Lewis Y Lord

Y 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
Mueller E Oliver Y O'Neal Y Orrock Y Padgett E 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

Y Ray Reaves
N 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 N 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

WEDNESDAY, MARCH 16, 1994

2667

Y Trense Y Turnquest
Y Twiggs

Y Vaughan Y Walker
Y Wall

Y Watson Y Watts
N Westmorland

On the motion, the ayes were 149, nays 8. The motion prevailed.

Y White Y Williams, B
Y Williams, H

Y Yates Y Yeargin
Murphy, Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendments thereto:

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.

Representative Kinnamon of the 4th moved that the House insist on its position in amending SB 629.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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 definitions 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1314

The Committee of Conference on HB 1314 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1314 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill

/g/ John Godbee

/s/ David Ralston
/s/ Terrell A. Starr Senator, 44th District

/s/ A. Richard Royal /s/ Charles A. Thomas, Jr.

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 definitions relating to capital

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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 minimum 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 exceptional growth school systems; to provide for additional conditions prior to requesting or expending state or local funds for certain capital projects and prior to closing certain schools; 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 conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking 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 following meanings:
(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.
(4) 'Construction project' refers to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration.
(6) 'Educational facilities survey' is defined as a systematic study of present educational facilities and a five-year forecast of future needs which sfeaH include, btrt shall fiot i&e limited to, til6 needs set roptn tR suosection ^j/ ^* cnis oodc section Dftsed on 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.
(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 completed school years when compared to the average of that system's average full-time

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equivalent count for the three most recently completed school years prior to the most recently completed school 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 who are not housed in school facilities which are structurally sound with adequate space as defined by the state board.
(15) 'Weighted full-time equivalent student count* is defined as the average 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 standards^ 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 instructional 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; employees 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

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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; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations 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 establish appeal procedures for rejected surveys;
(3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be 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 modernization, renovation, and energy retrofitting; proposed construction projects for the
purpose of consolidating small, inefficient educational facilities; if ay 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 installation 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 facilities. 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 statewide 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 equivalent student projection research. In addition, the state board shall develop a consistent, 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

WEDNESDAY, MARCH 16, 1994

2671

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 hi regulations by the State Board of Education;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), al (h)2 (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, exceptional growth construction projects, and consolidation of schools across system lines are carried out;
(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 completed construction projects financed in whole or in part with state funds, except construction 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, providing that such revisions meet state and local building codes, fire marshal certification, architectural requirements, and minimum
size requirements under subsection (q) of this Code section. (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 construction projects in accordance with provisions of subsection (c) of this Code section;

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(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 enrollment or exceptional growth or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing 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 facilities 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 fey the State Beard 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 purposes; 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 educational 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 statewide net equalized adjusted school property tax digest per weighted full-time equivalent 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 construction projects related to damage to educational facilities caused by fire or natural disaster.

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(g) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (e) of this Code section; excluding funds provided for exceptional growth 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 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 state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization, adjusted as specified in this paragraph.
(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 planz excluding exceptional growth 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 determining 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 compared 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, provided 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 comply with this limitation.
(5) The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that
year.

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(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 existing 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, 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 subsection, the following conditions to qualify for advanced funding:
(A) The local school systems have specifically requested funding under this subsection 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 second project is required to effectuate consolidation or reorganization of the schools simultaneously 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 te a K-&-, 6-8; 9-12 organizational pattern, er a organizational pattern congruous with this pattern, and so that each school within the system funded under this subsection shall
minimum sizes specified in subsection (q) of this Code section or the membership represented m tncsc grade organizations t& luu percent of tnc local scnool system S1 student population tf> the affected grades contain all the students within the local school system for the respective school level; provided, however, that nothing contained in this subsection shall be construed so as to require an existing school to change its current grade configuration;
(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

WEDNESDAY, MARCH 16, 1994

2675

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. 4j) T-h State Beard ef Education is authorized te request funds for planning atudics one of two yeo.rs prior TO trie recjuest tof trie funding ot speciiic iflciiity projects OF to
ever, that aH such project design studies are fer projects included th local school systems1 facility conatruction plans specified in paragraph 43) ef subsection 4e) ef this Code
(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 construction 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 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.
(2) In setting the annual authorization level for exceptional growth funding, the state board shall consider any previously authorized but unfunded amounts under this 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 completed 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 based 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 addition 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 subsequent 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 bjr 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 student for elementary school, middle school, and high school construction as provided

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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 subsection 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 participation, 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 b^ the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that
(6) Local school systems may receive state capital outlay funds for exceptional growth projects if that system experienced exceptional growth and the following conditions are met:
(A) The local school system has specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly;
(B) Any construction project submitted to utilize growth 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 construction needs identified in the school system's facilities plan pursuant to subsection (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 existing 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. (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 pursuant to subsection (i) of this Code section; and
growth construction projects pursuant to subsection (j) of this Code section. {ferl} Prier te a local board ef education's submitting an advanced incentive funding request te the State Department ef Education for State Beatd ef Education approval under aubacctions {i} and {3} ef this Code section, the local board ef education shall een-

WEDNESDAY, MARCH 16, 1994

2677

\j.)----i ne DOftFd Or edUCfltlOIl IXlUSt SCnedUle STlu tlOld ftt le&St tWO pUQrlC IlCElfin3
and pTOvidc an opportunity for fatt1 diacussion ef the local board ef education's conaolidation er reorganization plan;
YJTT X 116 puDiic iiCflFings sn&ll oe tidvcrtised in tne oiliciftl newspaper ftnd sn&il include^ out siiflii not 0e limited toi
{A) Identification ef- eah school te be closed and location el each new school;
configuration; { ) Proposed renovations, modernization, retrofitting, or expansion of existing
schools designed to accommodate consolidation; {B) Total cost, including breakdown for state and local shares, and for school
construction projects resulting from consolidation. Local costs sfcatt include identifyin^ proposed sources ot tunds, wnotncf irom uond reierendum proceeds OP otfior s our CCS1 1
{E) Plans for se er disposal ef closed school property; imp&ct iiteFn&11ve options would nsvc on tnfc system s pinnned
lum flria pi*o^rflins j { r) The options t the school size and organization study; and {H) The financial impact ef the options en aH schools;
(k.l) Prior to a local board of education's submitting a funding request to the State Department of Education for State Board of Education approval for a construction project which involves the closing of any existing school or schools and the construction of new classrooms or schools resulting in the transporting of students to another new or existing school to which will be assigned the students in the school or schools to be closed and prior to a local board of education's utilizing any local school tax funds, including but not limited to proceeds of general obligation bonds, for any such construction project, and prior to a local board of education's decision becoming effective to close any existing school where such closing results in the transporting of students from the school to be closed to any new or existing school or schools even though no additional capital funding is required as a result of the assignment thereto of those students from any school to be so closed, the local board of education shall conduct the following:
(1) The board of education must schedule and hold two public hearings and provide an opportunity for full discussion of the local board of education's proposal to close such school or schools;
(2) The public hearings shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the board of education are advertised and shall include, but not be limited to:
(A) Identification of each school to be closed and location of each new or existing school to which the students in the school or schools to be closed will be reassigned;
(B) Proposed size of each new school in terms of number of students and grade configuration;
(C) Proposed expansion of existing schools designed to accommodate students being reassigned from the school or schools to be closed;
(D) Total cost, including breakdown for state and local shares, for school construction projects required to house students being reassigned from the school or schools to be closed. Local costs shall include identifying proposed sources of funds, whether from bond referendum proceeds or other sources; and
(E) Plans for use or disposal of closed school property. (3) The board of education shall request formal, written comments or suggestions regarding the system's organizational pattern or school sizes and shall allow appropriate discussion during the public hearings;
^4) /\ny registered voter nifty tile witri tne locsi Doflpd or cducfttioH ft notice or

tem. A petition witft tne sififitupc of trt ic&st ~&& percent oi tne cjuftiiiied, registered voters witnin ttist system s jurisdiction must fte tiled witn tne oospd ot educstion

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JOURNAL OF THE HOUSE,

board. The signatures en the petition must be validated against the official hst ef- registered voters; Any person who is qualified and registered to vote for a member of a local board of education and who resides within the school district under the management of that board may file with that board a notice of intent to file a petition pursuant to this paragraph and may sign any such petition. That petition shall be for the purpose of expressing opposition to the decision of such board to close any school listed for closure in the advertisement published pursuant to paragraph (2) of this subsection. That notice of intent shall be filed within 30 days after the second hearing under paragraph (1) of this subsection to discuss any such school closing. That petition must be filed with such board of education within 60 days after notice of intent to file such petition has been received by such board. Within ten days after such petition has been so received, that board shall transmit the petition to the election superintendent of the political subdivision which levies ad valorem taxes for educational purposes for that local board of education. Such election superintendent shall validate the signatures on the petition against the official list of voters who are qualified to sign such petition. If the petition so validated contains the signatures of at least 25 percent of the 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, that board shall be so notified in writing by that election superintendent;
cnccs. T-he petitioners shall select a delegation ef- ne more than tew members, ef- whom six Siiflii f?e p&rents of students t& trie directed sciioois. l ne CTiftirmftn 0* trie iocs' board ef education shall notify the petitioners ef- the date, time, a4 place f-er meeting
Within 15 days after receiving notification that a petition containing the required number of signatures has been validated under paragraph (4) of this subsection, the local board of education shall so notify in writing any person who filed with the board a notice of intent to file that petition and notify each such person of the rights of the petitioners to select a delegation thereof under this paragraph. Within 20 days after receiving such notice, the petitioners must select from their number a delegation of no more than ten members, of whom six shall be parents of students m the schools to be closed, and notify the board of the names and addresses of those delegation members. The chairperson of the local board shall notify the selected delegation of petitioners of the date, time, and place for meeting to address their differences regarding the school closings. The local board of education and the delegation of petitioners shall resolve whether any or all of the schools proposed to be closed should be closed and report the final decision agreed upon by the board and a majority of the delegation of petitioners within 60 days from the date the board received notification that the petition was validated. The report shall be transmitted to the election superintendent who validated such petition and to the State Board of Education;
(,o/ /\n opposition report snflii oe1 fiico oy trie uosrd or education to report PCSOIU*
If no such decision is agreed upon or reported as provided in paragraph (5) of this subsection, the election superintendent who validated the petition shall be required to call and conduct a special election for the purpose of submitting for approval or rejection the proposed school closing actions of the board of education to the electors of the school district under the management of such board. That special election shall be called and conducted as provided under Title 21. for the county or municipality which levies ad valorem taxes for educational purposes for that board. 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 thereof in the official organ of the county in which lies the legal situs of such board. The ballot shall have written or printed thereon the following:
"( ) YES Shall the action of the board of education of (name of county or independent board)______________ be approved which provides for the
( ) NO

WEDNESDAY, MARCH 16, 1994

2679

closing of the following schools: (List each school to be closed as specified in the advertisement referred to in the validated petition)?'
All persons desiring to vote for approval of the closings shall vote 'Yes,' and those persons desiring to vote for rejection of such closings shall vote 'No.' The expense of such election shall be borne by the county or municipality which levies ad valorem taxes for educational purposes for the school district under the management of such board of education. It shall be the duty of the election superintendent to certify the result of such election to such board of education, the Department of Education, and the Secretary of State; and
(7) If more than one-half of the votes cast on such question pursuant to paragraph (6) of this subsection are for app_ro_v_al _of _ the _sch_o_ol c_lo_si_ng_s _or _if _ the l_oc_al b_oa_rd a_n_d delegation of petitioners reached and reporteedd a final decision agreeing upon the schools to be closed as provided in paragraph (6) of this subsection, state capital outlay funds may be awarded to that board for construction projects undertaken for the purpose of housing students to be reassigned from any such school to be closed, local funds may be used for such purposes, and the school closings approved may become effective even though no additional capital funding is required as a result of the assignment of students from a school so closed to a new or existing school; otherwise, such funds may not be awarded or used for such purposes and such school closings may not become effective for a period of four years from the date of the validation of the petition under paragraph (4) of this subsection, after which time the board of education shall be required to comply with paragraphs (1) through (6) of this subsec-
tion and this paragraph in order to obtain or use any funds for such purposes or close such 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) and (j) of this Code section;
(2) Planning atudica 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; (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 respective teas* sizes minimum sizes specified in subsection (q) of this Code section; and
(C) Facility projects designed to meet state board requirements or for modernization;
(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 subsection.
(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 comprehensive 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 survey. The projection program methodology at least must correlate live-birth data to full-
time equivalent student counts and project full-time equivalent student counts for each

2680

JOURNAL OF THE HOUSE,

of the grades, including kindergarten, for each of the next five years using cohort survival.
(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 Appropriations committees of the House of Representatives and the Senate of the General Assembly 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, modifications, 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 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 ft) of this Code section. The provisions of this subsection 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 & 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 receiving 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) Aay construction project en tat existing school facility which less than base size
board ef- education in the educational facility survey pursuant te subsections fe) and {d} 0r tni9 oodc section sn&ll T&C ftpproved oy trie otflte DOftrd OT cjuucstion. L^onstruction 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, regardless 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 to under the conditions specified in subsections (g), (h), and (i)2 and (j) of this Code section. Provided, however, that nothing contained in this subsection shall be construed so as to require an existing school to change its current grade configuration. Provided, however,
til6 flinount of entitletncnt tor wfticti ft system is cii^ioic. (r) Notwithstanding any other provisions of this Code section, when the board of
education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose of high school consolidation or closing any school 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 consolidation project under subsection (h) or (i) and {j) of this Code section or closing any school, whether funds have been allocated or not, the procedures established in paragraph {&} ef subsection (k.l) of this Code section shall be followed."

WEDNESDAY, MARCH 16, 1994

2681

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 following:
"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 portion 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.
(c) As used in this subsection, the term:
V-t) ~oSSe 3126 IGF & middle SCflOOl tS1 di tiled ftS tile J8Se 9iZC SpCClIlCQ ift OOdC oeC"
tien 20-2-181 for the middle grades program Reserved.
tie 20-2-181 fof the high school general education program Reserved. \o) oQ96 size tor flu eicment/firy school ts defined ts tftc osse size speciiICQ tft
Code Section 20-2181 fe* 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' ts defined as a K-&-, 6-87 9-42
or^flnizQitofifll pfltterR of scliool levels of 8ny otftd? pfltterfi wnicn ~ts congruous witn thia 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 siae 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 size and organizational pattern consistent with the 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 otherwise 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 consolidation 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 maximum 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 consolidation; 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.

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JOURNAL OF THE HOUSE,

(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 recommendations 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 following:
"(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, since the resulting schools would still be smaller than the base sizes specified pursuant to subsection 4e> ef Gede Section 20-2-260 Code Section 20-2-181."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 100th moved that the House adopt the report of the Committee of Conference on HB 1314.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Bailey
Y Baker Y Bannister Y Barf'oot Y Bargeron Y" Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
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
Childers Y Clark
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 Y God bee 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 E Johnston
Y Jones Y Joyce
YKaye 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

On the motion, the ayes were 163, nays 0.

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
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 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

WEDNESDAY, MARCH 16, 1994

2683

The motion prevailed.

The following message was received from the Senate through Mr. Eldridge, the Secretary 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 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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Farrow of the 54th, Hill of the 4th and Marable of the 52nd.

The Senate has adopted the report of the Committee of Conference 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 following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

HR 925. By Representatives Street of the 167th and Carter of the 166th: A resolution designating the Private George W. Lee, Jr., Memorial Bridge.

The following Senate amendment was read:

Amend HR 925 by adding on line 2 of page 1 between the word "Bridge" and the semicolon the following:
"and the James E. 'Billy' McKinney Bridge".
By adding "Part 1" between lines 2 and 3 of page 1 and by adding below line 7 of page 2 the following:

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JOURNAL OF THE HOUSE,

"Part 2
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the bridge on Bankhead Highway in Fulton County crossing Interstate 285 be designated as the James E. 'Billy' McKinney Bridge and that the Department of Transportation erect signs designating such bridge."
Representative Streat of the 167th moved that the House agree to the Senate amendment to HR 925.
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 Barioot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks. L> Y Brooks. 'I'
Brown
Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell
Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman. T

Y Colwell Y Connell
Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, c; Y Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhan 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
Hanner Y Harris, B Y Harris, M YHart
Y Heard Y Hegstrom
Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, U Y Lane. K Y Lawrence
Lawson YLee
Lewis Y Lord Y Lucas Y Maddox
YMann Y Martin Y McBee Y McClinton Y McKinney
Milam Y Mills

On the motion, the ayes were 162, nays 0. The motion prevailed.

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 Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
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
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
Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:
The Senate has discharged the Committee of Conference #1 and has appointed a second Committee of Conference 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.

WEDNESDAY, MARCH 16, 1994

2685

The President has appointed on the part of the Senate the following: Senators Robinson of the 16th, Isakson of the 21st and Scott of the 36th.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 Annotated, 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 management systems are subject to reexamination by such department.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1658

The Committee of Conference on HB 1658 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1658 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Harold J. Ragan Senator, llth District

/a/ EM. Childers Representative, 13th District

/s/ Ron Slotin Senator, 39th District

/s/ W.N. Hudson Representative, 156th District

/s/ Charles W. Walker Senator, 22nd District

/s/ Jimmy Skipper Representative, 137th District

A BILL
To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change the provisions relating to standards for individual sewage management systems; to provide that on-site individual sewage management systems properly approved shall be approved for installation in every county in the state, provided that such on-site, individual sewage systems shall be required to meet local regulations authorized by law; to provide conditions under which such on-site individual sewage management systems are subject to reexamination by such department; to amend Code Section 31-3-5.1 of the Official Code of Georgia Annotated, relating to regulations for septic tanks or individual sewage management systems in unincorporated areas, so as to repeal certain provisions relating to the applicability of certain regulations adopted by a county board of health; 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 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by striking in its entirety Code Section 31-2-7, relating to standards for individual sewage management systems, and inserting in lieu thereof a new Code Section 31-2-7 to read as follows:

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JOURNAL OF THE HOUSE,

"31-2-7. (a) As used in this Code section, the term: (1) 'Individual sewage management system' shall mean a self-contained, on-site
sewage treatment plant or component of such plant designed to serve no more than one residence and approved for such use by the director of the Environmental Protection Division of the Department of Natural Resources.
(2) 'Properly approved' means any individual sewage management system or component of such system which is technologically incapable of a surface discharge of untreated sewage and which:
(A) Has been approved in a regulation promulgated by the department; or (B) Has been approved for use per the manufacturer's recommendations by the boards of health in a minimum of ten counties and has performed satisfactory service for a period of three years or longer. (3) 'Satisfactory service' means that the supervisor of the county on-site program has stated in writing that an individual sewage management system or component thereof has performed in an acceptable manner. (4) 'Unsatisfactory service' means documented substandard performance as compared to other approved systems or components. (b) The Department of Human Resources shall have the authority as it deems necessary and proper to adopt state-wide minimum standards for on-site, individual sewage management systems, including but not limited to standards for the size and construction of septic tanks. The department is authorized to require that any on-site, individual sewage management system be examined and approved prior to allowing the use of such system in the state. Any on-site, individual sewage management system which has been properly approved shall, by virtue of such approval and by operation of law, be approved for installation in every county of the state; provided, however, that such on-site, individual sewage management system shall be required to meet local regulations authorized by law. Upon written request of three or more county boards ef- health districts, the department is authorized to require the reexamination of any such system or component thereof, provided that documentation is submitted indicating unsatisfactory service of such system or component thereof. Before any such examination or reexamination, the department may require the person, persons, or organization manufacturing or marketing the system to reimburse the department or its agent for the reasonable expenses of such examination. As used m this Code section, the term 'individual sewage
system snQlt mcflft ft sen~corrt flirted, ori'Site sews^e trefltniGTit pisnt
of the Environmental Protection Division ef the Department ef Natural Resources."
Section 2. Code Section 31-3-5.1 of the Official Code of Georgia Annotated, relating to regulations for septic tanks or individual sewage management systems in unincorporated areas, is amended by striking in its entirety subsection (c) which reads as follows:
"(c) The regulations of a county board of health adopted pursuant to the authority of paragraphs (1) through (5) of subsection (a) of this Code section shall control over any conflicting or inconsistent rules or regulations of the Department of Human Resources adopted pursuant to Chapter 2 of this title or pursuant to any other law."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Childers of the 13th moved that the House adopt the report of the Committee of Conference on HB 1658.
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 Barfoiit Y Bargeron
Y Barnes

Y Bates Y Benefield Y Birdsong
Y Bordeaux

Bostick Y Breedlove Y Brooks, D
Y Brooks, T

Y Brown Y Buck Y Buckner
Y Bunn

WEDNESDAY, MARCH 16, 1994

2687

Y Burkhalter Y Byrd Y Campbell Y Canty
Carlisle Y Carrell
Carter Y Cauthoni Y Chambleh* Y Chandler Y Channell Y Childers Y Clark Y Coker Y Colem B Y Coleman, T Y Colwell Y Conneil Y Cox N Crawtbrd Y Crews Y Culbreth Y' Cummin^ Y Davis, (; Y Davis, M Y Dickinsim Y Dix Y Dixon. H Y Dixon, S Y Dobbs Y Ehrhart Y Epps

Evans Y Felton Y Flovd, J.M Y Floyd, J.VV 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 Y Johnson, D.H Y' Johnson, E Y Johnson, G Y7 Johnson, J

E Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, L> Y Lane, K 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 Mohley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock

On the motion, the ayes were 161, nays 1. The motion prevailed.

Y Padsett 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
Randall Y Randolph Y Ray Y Reaves Y Reichen Y Roberts Y Royal Y Scoggins Y Shananan 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 Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White
Williams, B Y Williams, R
Yates Y Yeargin
Murphy, Spkr

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 Annotated, 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.

The following Senate substitute was read:

A BILL
To amend Code Section 15-6-67 of the Official Code of Georgia Annotated, 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; to delete certain provisions relating to additional specifications and standards; to require the recording of certain maps and plats; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats and specifications related thereto, is amended by striking subsections (b) and (c) of said Code section and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) Maps or plats to be filed and recorded in the office of the clerk of the superior court shall be prepared in accordance with the following minimum standards and specifications:

2688

JOURNAL OF THE HOUSE,

(1) MATERIAL. (A) Any such maps or plats shall be a good legible print copy, such as a blue,
white, or other commercial print reproduced from a tracing made in India ifc en a commercial grade ef tracing cloth, tracing film, er tracing paper an original.
(B) The minimum line widths and letter or character heights delineated on such maps or plats shall be as follows:
(i) Maps or plats drawn on 8 ''2 inch by 11 inch or 8 "2 inch by 14 inch tracings shall have a minimum line width of 0.010 inches and a minimum letter or character height of 0.080 inches;
(ii) Maps or plats drawn on 11 inch by 17 inch tracings shall have a minimum line width of 0.010 inches and minimum letter or character height of 0.090 0.080 inches; or
(iii) Maps or plats drawn on 17 inch by 22 inch or 24 inch by 36 inch tracings shall have a minimum line width of 0.013 inches and a minimum letter or character height of &Q96 0.080 inches. (C) In counties using microfilming procedures, when a map or plat is filed for record the original tracing drawing, which shall not be larger than 24 inches by 36 inches, shall be submitted to the clerk for microfilming and a legible print copy, which shall not be larger than 17 inches by 22 inches, shall be filed for record; provided, however, that a full-size positive print copy of the original may be tendered and used for microfilming. The clerk shall enter the filing date, plat book number, and page number on the original tracing drawing and return the tracing original drawing to the land surveyor or the person filing the same for record; (2) CAPTION. The maps or plats shall have a title or name which shall be contained in the caption, and the caption shall also provide the following information: (A) The county, city, town, or village, land district and land lot, and subdivision, if the property lies within a particular subdivision; (B) The date of plat preparation; (C) The scale, stated and shown graphically; and (D) The namej address, telephone number, and registration number of the land surveyor and his registration number or the statement that he is the county surveyor and is not required by law to be a registered surveyor; and (E) All reproductions of original maps or plats shall bear the original signature, in black ink, of the registrant placed across the registration seal in order to be a valid or recordable map or plat. (3) SIZE. Maps or plats shall not be less than 8 Vfe inches by 11 inches and not larger than can be recorded without folding;
(4) DATA. Maps or plats shall be made in a professional manner and in accordance with the standards of good drafting procedures and shall show the following information, as specified:
(A) All maps or plats shall show the direction and distance from a point of reference to a point on the boundary of the individual survey, and such additional data as may be required to relocate the boundary point from the point of reference with the same degree of accuracy required of the parcel surveyed. The point of reference shall be an established, monumented position which can be identified or relocated from maps, plats, or other documents on public record;
(B) All maps or plats of boundary surveys or subdivision surveys shall show bearings of all lines er angles at ati corners and angle points of the boundary or lot lines, and distances of all boundary or lot lines, and area of the parcels expressed in acres or square feet;
(C) All maps or plats of boundary surveys shall show the closure precision of the field survey as the ratio of one foot to the traversed distance in which an error of one foot would occur and a statement as to the method of adjustment. The closure may be stated as follows:
'The field data upon which this map or plat is based has a closure precision of one foot in _________ feet, and an angular error of _________ per angle point, and was adjusted using ________ rule';

WEDNESDAY, MARCH 16, 1994

2689

(D) All maps or plats of boundary surveys shall show the closure precision of the data shown on the map or plat. The closure may be stated as follows:
'This map or plat has been calculated for closure and is found to be accurate within one foot in ________ feet'; (E) All maps or plats shall show the width and the former widths, if pertinent, of all rights of way adjacent to or crossing the property or adjacent to any point of reference; (F) All maps or plats shall show easements and apparent encroachments, if pertinent;
the curve shall be defined by curve data to include the radius, arc length, chord bearing, and distance for regular curves. Chord distances and directions shall be given for irregular curves;
(H) All land lot lines, land district lines, land section lines, and city2 ad county^ and state boundaries intersecting or adjacent to the surveyed property shall be indicated by lines drawn upon the map or plat with appropriate words and figures;
(I) All corner markers and markers of pertinent reference points shall be fully described and indicated as to their material or types and shall be constructed of a permanent material such as iron, steel, concrete, or stone;
(J) An arrow shall be shown on the map or plat to indicate the principal meridian, and a notation shall be made as to the reference of bearings to magnetic north, astronomic north, or grid north. A grid north reference shall indicate the zone;
(K) All linear distances shown on maps or plats shall be horizontal; (L) All angular directions shown on maps or plats shall be represented in degrees and minutes. Where plats state or surveys require accuracy in excess of 1 in 5,000, the angular directions shall be represented in degrees, minutes, and seconds. All angular directions shall be referenced to the principal meridian; (M) A statement shall be shown on the map or plat to indicate the type of equipment used to obtain the linear and angular measurements used in the preparation of the map or plat; and (N) All maps or plats shall show the state plane coordinates of at least two permanent monuments thereon, when a National Geodetic Survey monument is within 500 feet of any point on the property mapped or platted, or any point of reference shown thereon. \c) 1 tic r tfiu8gc contQincd tft *ni9 oocte scctioft docs not ttt sny wsy modity P cHQn6 flny spccitic provisions m county, municipflij of otficr 9t9tc stfltUTCS ftno rcguifl
specific provisions shall govern. If the plat meets the requirements of subsection (b) of this Code section, it shall be the duty of the clerk of the superior court to file and record such map or plat or blueprint, tracing, photostatic copy, or other copy of a map or plat."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 143rd moved that the House agree to the Senate substitute to HB 1458.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Y Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates
Y Benefield Birdsong

Y Bordeaux 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 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 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

2690

JOURNAL OF THE HOUSE,

Y Floyd, J.W Y Godbee Y Golden Y Goodwill
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
Jamieson Y Jenkins

Y Johnson. D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce
Kaye
Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, L> Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis
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
Patten Y Pelote Y Perry Y Pinhoister Y Poag 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
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
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 Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 157, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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 Annotated, 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1221

The Committee of Conference on HB 1221 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1221 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mary Margaret Oliver Senator, 42nd District
/s/ Cheeks Senator, 23rd District

/s/ jeanette Jamieson
/s/ DuBose Porter Representative, 143rd District

/s/ Ron Slotin Senator, 39th District

/s/ Bobby Harris Representative, 112th District

A BILL
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles,

WEDNESDAY, MARCH 16, 1994

2691

so as to provide for the issuance, free of charge, of special license plates for amateur radio operators; to provide procedures for the issuance and renewal of additional plates; to provide for fees; 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 Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 40-2-66 of the Official Code of Georgia Annotated, relating 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 the basic registration fee^ shall be issued^ free of charge, a license plate as prescribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall 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 subsection. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the retired members of the Georgia National Guard."
Section 2. Said article is further amended by striking subsection (a) of Code Section 40-2-75, relating to special license plates for amateur radio operators, and inserting in its place a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles; and upon the payment ef- an additional initial fee ef- $26.00 and an additional annual registration fee of- $26.00 which fee shall fee colleet>eu Dy the county tfl^ sjjjcnt st tfte time ot collection of otncr rc^istrfltiOR ices snd
of charge, a special design license plate for a private passenger vehicle upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. Each licensed amateur radio operator shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and an initial manufacturing fee of $25.00, a licensed amateur radio operator shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 manufacturing 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 commissioner may consult with licensed amateur radio operators residing in the State of Georgia in the design of the special license plate authorized by this subsection."
Section 3. This Act shall become effective July 1, 1994.

2692

JOURNAL OF THE HOUSE,

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Jamieson of the 22nd moved that the House adopt the report of the Committee of Conference on HB 1221.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe
Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks. D
Brooks. T Y Brown Y Buck Y Buckner
Y Bunn Y Burkhalter
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 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 Y Evans Y Felton
Y Floyd, J.M Y Floyd, J.VV
Y Godbee Y Golden Y Goodwin
Greene Y Groover Y Hammond Y 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 Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston
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
Lord Lucas
Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Y Milam
Y Mills

On the motion, the ayes were 156, nays 0. The motion prevailed.

Y Mobley. B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock
Y Padgett E 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 Y Reaves
Reichert Y Roberts Y Royal
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
Smyre Y Snow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Y league 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

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

HR 926. By Representative Simpson of the 101st: A resolution compensating Mr. James C. Cook.

The following Senate amendment was read:

Amend HR 926 on page 1, line 22 change to read "authorized and directed to pay the sum of $2,000 to Mr.".

The following amendment was read and adopted:

Representative Simpson of the 101st moves to amend the Senate amendment to HR 926 as follows:
By striking "$2,000" and inserting in lieu thereof "$2,918.49".

WEDNESDAY, MARCH 16, 1994

2693

Representative Simpson of the 101st moved that the House agree to the Senate amendment, as amended by the House, to HR 926.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashc Y Atkins Y Bailey
Y Baker Y Bannister Y Bartoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove
Y Brooks. U Y Brooks. T
Brown Y Buck Y Buckner Y Bunn Y Burkhaller 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
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Epps Y Evans
Y Felton Y Flovd. J.M Y Floyd, J.VV
Y God bee 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

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 E Johnston Y Jones Y Joyce Y' Kaye Y Kinnamun Y Klein Y Ladd Y Laklv Y Lane. U Y Lane. K Y Lawrence Y Lawson Y Lee
Lewis Lord Y Lucas Y Maddox
Mann Y Martin Y McBee
McClinton McKinney Y Milam Y Mills

On the motion, the ayes were 155, nays 0. The motion prevailed.

Y Mohley. B Y Mobley, J
Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham
Parrish Patten Y Pelote Y Perry Y Pinholsler 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
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinktield Y Skipper

Y Smith. T Y' Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snow Y Stancil, K \ 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 Y Yeargin
Murphy, Spkr

HB 1080.

By Representative Heard of the 89th:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for the offense of carjacking.

The following Senate substitute was read:
A BILL
To provide a short title; to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felonies, so as to provide that hijacking a motor vehicle shall be a designated felony for juveniles; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to provide for the offense of hijacking a motor vehicle; to provide for definitions; to provide for penalties and forfeitures; to provide that such offense shall not merge; to provide that motor vehicle hijacking is racketeering activity; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide that hijacking a motor vehicle is an offense which is bailable only before a judge of the superior court; to provide that persons convicted of motor vehicle hijacking cannot be considered for post-conviction release; to provide for editorial changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

2694

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Anti-motor Vehicle Hijacking Act of 1994."
Section 2. Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felonies, is amended by striking "or" at the end of subparagraph (a)(2)(C), by striking the period and inserting in lieu thereof "; or" at the end of subparagraph (a)(2)(D), and by inserting at the end thereof a new subparagraph (a)(2)(E) to read as follows:
"(E) Hijacking a motor vehicle, if done by a juvenile 13 or more years of age."
Section 3. Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended by adding in Article 3 of Chapter 5, relating to kidnapping, false imprisonment, and related crimes, a new Code section to be designated Code Section 16-5-44.1 to read as follows:
"16-5-44.1. (a) As used in this Code section: (1) 'Firearm' means any handgun, rifle, shotgun, or similar device or weapon which
will or can be converted to expel a projectile by the action of an explosive or electrical charge and includes stun guns and lasers as defined by subsection (a) of Code Section 16-11-106, as amended, and any replica, article, or device having the appearance of a firearm.
(2) 'Motor vehicle' means any vehicle which is self-propelled. (3) 'Weapon' means an object, device, or instrument which when used against a person is likely to or actually does result in serious bodily injury or death or any replica, article, or device having the appearance of such a weapon including, but not limited to, any object defined as a weapon by Code Section 16-11-127.1 or as a dangerous weapon by Code Section 16-11-121. (b) A person commits the offense of hijacking a motor vehicle when such person while in possession of a firearm or weapon obtains a motor vehicle from the person or presence of another by force and violence or intimidation or attempts or conspires to do so. (c) A person convicted of the offense of hijacking a motor vehicle shall be punished by imprisonment for not less than ten nor more than 20 years and a fine of not less than $10,000.00 nor more than $100,000.00, provided that any person who has previously committed an offense under the laws of the United States or of Georgia or of any of the several states or of any foreign nation recognized by the United States which if committed in Georgia would have constituted the offense of hijacking a motor vehicle shall be punished by imprisonment for life and a fine of not less than $100,000.00 nor more than $500,000.00. For purposes of this subsection, 'state' shall include the District of Columbia and any territory, possession, or dominion of the United States. (d) The offense of hijacking a motor vehicle shall be considered a separate offense and shall not merge with any other offense; and the punishment prescribed by subsection (b) of this Code section shall not be deferred, suspended, or probated. (e) Any property which is used, intended for use, derived, or realized, directly or indirectly, from a violation of this Code section is forfeited to the state and no property interest shall exist therein. Any action declaring such forfeiture shall be governed by the provisions of Code Section 16-13-49."
Section 4. Said Title 16 is further amended by striking in its entirety subparagraph (A) of paragraph (9) of Code Section 16-14-3, relating to definitions regarding racketeering, 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'; (iii) Subsection (j) of Code Section 16-13-30, relating to marijuana; (iv) Article 1 of Chapter 5 of this title, relating to homicide;

WEDNESDAY, MARCH 16, 1994

2695

(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 Firearms 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 identification 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 imprisonment,
and related offenses, except for Code Section 16-5-44, relating to aircraft hijacking; w (xxxi) Code Section 16-11-37, relating to terroristic threats and actST; or (xxxii) Code Section 16-5-44.1, relating to motor vehicle hijacking."
Section 5. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking in its entirety subsection (a) of Code Section 17-6-1, relating to where offenses are bailable, and inserting in lieu thereof the following:
"(a) The following offenses are bailable only before a judge of the superior court: (1) Treason; (2) Murder; (3) Rape; (4) Aggravated sodomy; (5) Armed robbery; (6) Aircraft hijacking and hijacking a motor vehicle; (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;

2696

JOURNAL OF THE HOUSE,

(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 convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection."
Section 6. Said Title 17 is further amended by striking subsection (a) of Code Section 17-10-9.1, relating to releases of prisoners pending subsequent voluntary surrender, in its entirety and inserting in lieu thereof the following:
"(a) When a defendant who pleads nolo contendere or guilty or is convicted of an offense against the laws of this state other than:
(1) Treason; (2) Murder; (3) Rape; (4) Aggravated sodomy; (5) Armed robbery; (6) Aircraft hijacking and hijacking of a motor vehicle; (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; (10) Kidnapping, arson, or burglary if the person, at the time such person was charged, has previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection; (11) Child molestation; (12) Robbery; (13) Aggravated assault; or (14) Voluntary manslaughter is sentenced to a term of confinement in a county jail or a correctional institution operated by or under the jurisdiction and supervision of the Department of Corrections, the sentencing judge may release the defendant pending the defendant's surrendering to a county jail or to a correctional institution designated by the Department of Corrections as authorized in this Code section. The sentencing court may release the defendant on bond or may release the defendant on the defendant's personal recognizance. This Code section shall not be construed to limit the court's authority in prescribing conditions of probation."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Heard of the 89th moved that the House agree to the Senate substitute to HB 1080.
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 Barloot Y Bargeron Y Barnes
Bates

Y Benefiek! Y Birdsong N Bordeaux
Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown
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 Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Y Connell Y Cox
Crawford Y Crews
Culbreth Y Cummings Y Davis, G Y Davis, M

WEDNESDAY, MARCH 16, 1994

2697

Y Dickinson
Y Dix Y Dixon. H Y Dixon. S Y Dobbs Y Ehrhart Y Epps
Evans
Felton Y Floyd. .I.M Y Floyd. -I.\V Y Godbee
Golden Y' Goodwin
Greene Groover Y Hammond Hanner Y Harris. B
Y Harris. M Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y' Holland N Holmes

Y Howard
Y Hudson Y Hughes Y Hugley Y Irvin ' Y James Y' Jamiesoti Y Jenkins
Y Johnson. U.H Y Johnson, E Y Johnson. O Y Johnson, J E Johnston Y Jones Y" Joyce Y Kaye Y Kinnamon Y" Klein Y Ladd
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 McClinum 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 Patten
Y Pelote Y Perry Y Pinholster Y" Poag Y Polak Y Porter

On the motion, the ayes were 154, nays 5. The motion prevailed.

Poston
Y Powell Y Purcell. A Y Purcell. B N Randall Y Randolph Y" Ray Y Reaves
N Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkt'ield 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 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 White Y" Williams, B Y Williams, R
Yates Y' Y'eargin
Murphy, Spkr

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 Senate amendments were read:

SENATE AMENDMENT NO. 1

Amend HR 875 by adding between lines 3 and 4 on page 1 the following:
"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.; and for other purposes."
By inserting between lines 9 and 10 on page 2 the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body urge the Museum of Aviation Foundation, Inc., to designate the new building at the Museum of Aviation as the Roy H. (Sonny) Watson, Jr., Building."
By adding after line 23 on page 3 the following:
"BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Museum of Aviation Foundation, Inc."
By adding between lines 17 and 18 on page 1 the following:
"WHEREAS, the health status of individuals from ethnic and minority communities in this state is significantly lower than the health status of the general population, and such persons suffer disproportionately from lack of access to health care and effective disease prevention services; and"

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JOURNAL OF THE HOUSE,

"twoB".y striking on line 7 on page 3 the word "one" and inserting in lieu thereof the word
By striking lines 9 through 11 on page 3 and inserting in lieu thereof the following: "Health Care and Minority Health with one entire day of such conference being devoted to issues relating to minority health. The committee is authorized to".

SENATE AMENDMENT NO. 2

Amend HR 875 by adding "creating the Joint Historic Dramas Study Committee;" on line 3 of page 1 after "Care;".
By inserting after line 23 of page 3 the following:
"WHEREAS, tourism and commercial recreation constitute an important industry in the economy of Georgia and the staging of historic dramas is in the best interest of the state, both culturally and economically.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Historic Dramas Study Committee appointed as follows: two members of the House of Representatives appointed by the Speaker, two members of the Senate appointed by the President of the Senate, and five members appointed by the Governor. The committee members shall select one of their own to serve as chairperson who shall call all meetings.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish its objectives and purposes. All legislative committee members shall receive the allowances authorized for legislative members of interim committees for not more than five days unless additional days are authorized. The executive branch members shall be reimbursed for actual and necessary expenses incurred from the funds of their respective departments or agencies. Except as otherwise provided in this resolution, the funds necessary to carry out this resolution shall come from the funds of the legislative branch of government. If the committee makes a report of its findings, recommendations, and suggestions, such report shall be made and the committee shall stand abolished on December 31, 1994.".

Representative Parrish of the 144th moved that the House agree to the Senate amendments to HR 875.
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 Y Benet'ield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks. D Y Brooks. T Y Brown Y Buck

Buckner Y Bunn Y Burkhalter Y Byrd
Campbell Y Canty Y Carlisle
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 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 Felton

Y Floyd. J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin
Greene Groover Y Hammond Hanner Y Harris, B Y Harris, M Y Hart Y Heard Y Hegstrom Y Herobree Y Henson Y Holland Y Holmes

Howard Y Hudson Y Hughes
Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston Y Jones
Joyce Y Kaye Y Kinnamon Y Klein

WEDNESDAY, MARCH 16, 1994

Y Ladd 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. H
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
Poag Y Polak Y Porter

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
Smyre Y Snow
Y Stancil, K Y Stancil, S
Stanley, L Y Stanley, P Y Stephenson
Streat
Y Taylor Y Teague Y Teper Y Thomas

On the motion, the ayes were 151, nays 0. The motion prevailed.

2699
Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker Wall Y Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin Murphy, Spkr

HB 664. By Representatives Smith of the 169th, Byrd of the 170th, Streat of the 167th, Johnson of the 148th, Smith of the 174th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for blueberry plants growing in this state.

The following Senate amendment was read:

Amend HB 664 by adding on line 6 of page 1 after "election;" and before the word "to" the following:
"to amend Code Section 48-5-42 of the Official Code of Georgia Annotated, relating to exempt personalty, so as to exempt personal golf carts;".
By adding between lines 14 and 15 of page 1 a new Section 1.5 to read as follows:
"Section 1.5. Code Section 48-5-42 of the Official Code of Georgia Annotated, relating to exempt personalty, is amended by striking the first sentence of said Code section and inserting the following:
'All personal clothing and effects, personal golf carts, household furniture, furnishings, equipment, appliances, and other personal property used within the home, if not ahteilodn.f'o"r sale, rental, or other commercial use, shall be exempt from all ad valorem tax-
By adding on line 18 of page 1 after the word "of and before the word "this" and on line 1 of page 2 after the word "Shall" and before the word "the" the following:
"Section 1 of.

Representative Smith of the 169th moved that the House disagree to the Senate amendment to HB 664.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a second Committee of Conference thereon:

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JOURNAL OF THE HOUSE,

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 provide a statement of legislative intent.

Representative Smith of the 175th moved that the first Committee of Conference be dissolved and that a second Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker has appointed as a second Committee of Conference on the part of the House the following members:
Representatives Towery of the 30th, Watts of the 26th and Trense of the 44th.

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 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.

Representative Kinnamon of the 4th moved that the House adhere to its position in amending SB 629 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 Kinnamon of the 4th, Godbee of the 145th and Sherrill of the 62nd.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 389. By Representatives Sinkfield of the 57th, Smith of the 174th, Orrock of the 56th, Lucas of the 124th, Turnquest of the 73rd and others:
A bill to amend Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to labor pools, so as to define certain terms; to prohibit employers from failing to give temporary employees pay stubs or other notice of their rate of pay and any deductions; to prohibit paying temporary employees except in cash or check redeemable at full value; to provide for the powers of the Commissioner of Labor.

The following Senate amendment was read:

Amend HB 389 by inserting on line 11 of page 1 after "date;" the following:

WEDNESDAY, MARCH 16, 1994

2701

"to provide for automatic repeal;".
By inserting between lines 25 and 26 of page 4 the following:
"Section 7. This Act shall be repealed in its entirety July 1, 1997, if funds have not been specifically appropriated for purposes of this Act on or before such date.".
By renumbering the existing Section 7 as Section 8.

Representative Sinkfield of the 57th moved that the House agree to the Senate amendment to HB 389.
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 Bartoot Y Bargeron Y Barnes Y Bates Y Benetield Y" BirdsmiK Y Bordeaux
Bostick Y Breedlove
Brooks, U 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 Chambles* 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
Davis, G Y Davis, M Y Dickinson Y 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
Greene Groover Y Hammond Y Hanner
Y Harris, B Y Harris, M Y Hart Y Heard Y Hegstrom Y- Hembree Y7 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 E 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 McClinlon Y McKinney Y' 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
Patten Y Pelote Y Perry Y Pinholster
Poag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A
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
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
Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
Walker Y Wall
Y Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy. Spkr

On the motion, the ayes were 158, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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 following report of the Committee of Conference was read:

2702

JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON HB 897

The Committee of Conference on HB 897 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 897 be adopted.

Respectfully submitted,

FOR THE SENATE: ..,, _ /s/ bteve Harrow

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bob Holmes Representative, 53rd District

/s/ Edward E. Boshears Senator, 6th District
/s/ Steve Thompson

/s/ Tom Cauthorn Representative, 35th District
/s/ John Simpson Representative, 101st District

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain persons shall not be eligible to serve as certain poll officers or certain superintendents; to change certain provisions regarding contents of affidavits which must accompany certain notices of candidacy; to provide for the withdrawal of certain candidates; to change the time for posting a list of candidates who have qualified; to change certain provisions relating to qualification of certain candidates for party nomination in a primary; to provide for meetings of boards of registrars; to change certain provisions regarding the date on which the presidential preference primary is to be conducted; to change certain dates relating to the functions of the presidential candidate selection committee and the Secretary of State; to change certain dates relating to the withdrawal of presidential candidates; to change certain provisions regarding the applicability of certain general primary provisions; to authorize certain principals, assistant principals, and area vocational school directors to designate persons to assist with voter registration; to change certain provisions relating to the eligibility of certain registrars, deputy registrars, and members of county boards of elections for certain nomination or office; to provide for additional methods of obtaining certain registration cards; to provide for absentee registration and voting by certain United States citizens permanently residing overseas who have never lived in the United States under certain circumstances; to change certain provisions relating to the issuance of certain voter registration cards; to provide for storage of registration cards which have been microfilmed or electronically imaged; to change certain provisions relating to the cancellation of certain absentee ballots; to provide for first-class mail notice of a hearing regarding the right of a person to remain on the list of electors; to provide that certain challenges to the right to register and the right to vote shall only be made in writing; to provide that certain precincts may be bounded by the boundaries of public parks, public school grounds, or churches; to change which maps may be used; to change certain provisions regarding notice of changes in precincts in all counties of this state having a population of 500,000 or more according to the United States decennial census of 1970 or any future such census; to provide for a time for reduction in size of certain precincts; to change certain provisions relating to the addresses to which certain absentee ballots can be mailed; to provide for fees for furnishing certain computer-run lists of electors; to provide for access of handicapped persons to certain polling places; to authorize certain election superintendents to obtain or to create and provide additional voter's certificates; to increase certain restrictions regarding campaign activities, public opinion polling, and petitioning near certain polling places; to provide that certain provisions regarding the conducting of certain special elections on specified dates shall apply to certain special primaries or special elections to fill vacancies in elected county or municipal offices; to provide for interim appointments under certain circumstances; to change certain provisions

WEDNESDAY, MARCH 16, 1994

2703

relating to preservation or destruction of certain election materials; to change the provisions relating to the appointment of municipal clerks; to provide for the superintendent to appoint clerks; to provide that municipal poll officers shall be electors of the municipality in which they are appointed or the county in which the municipality is located; to provide that no person holding certain elective office shall be eligible to be appointed as a poll officer; to change the time when a notice of candidacy shall be filed in the office of the municipal elections superintendent; to change certain provisions regarding the designation of municipal election district precincts; to provide that violation of certain restrictions at a municipal polling place shall be a misdemeanor; to change the time period between the primary or election and the runoff after the day of holding the first primary or election; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-92, relating to qualifications of poll officers, and inserting in its place a new Code Section 21-2-92 to read as follows:
"21-2-92. Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No poll officer shall be eligible for any nomination or public office or to be voted for at a primary or election at which he the poll officer shall serve. However, a peH officer may serve m a primary which h seeks election te party office unlcsa prohibited by the rules ef- the party eeducting the primary. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a poll officer in any precinct in which such candidate's name appears on the ballot m any primary or election."
Section 2. Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-2-132, relating to filing a notice of candidacy, nomination petition, and affidavit, and inserting in its place a new paragraph (7) to read as follows:
"(7) That he the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that h4s the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and".
Section 3. Said title is further amended by striking subsection (a) of Code Section 21-2-134, relating to withdrawal of a candidate, and inserting in its place a new subsection (a) to read as follows:
"(a) (1) No candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate.
(2) A candidate in a general, special, or nonpartisan primary may withdraw as a candidate after qualifying but prior to the date of the general, special, or nonpartisan primary by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county election superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be

2704

JOURNAL OF THE HOUSE,

counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted."
Section 4. Said title is further amended by striking paragraph (1) of subsection (d) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in lieu thereof a new paragraph to read as follows:
"(1) Within ette hour two hours after the qualifications have ceased, the county executive committee of each political party shall post at the county courthouse a list of all candidates who have qualified with such executive committee, and the state executive committee of each political party shall post a list of all candidates who have qualified with such committee at the courthouse of the county in which such executive committee's office is located."
Section 5. Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new paragraph (7) to read as follows:
"(7) That he the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that Ms the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and".
Section 6. Said title is further amended by striking Code Section 21-2-191, relating to the designation of political parties and bodies which may hold primaries, and inserting in its place a new Code Section 21-2-191 to read as follows:
"21-2-191. {&) As provided in this article, a presidential preference primary shall be held in 1992 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in the state, so that the electors may express their preference for one person to be the candidate for nomination by his such person's party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held on March 3, 1992, and on the first Tuesday in March every four years thereafter. A state political party or body may by rule choose to elect any portion of its delegates to that party's or body's presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary.

trie ivisrcii 10, lyy^i, prcsidentisl preference primary pursusnt to d locsl Iflw snoil not be conducted en that date btrt shall be heW en t&e date trf th March -, 1092, prcsidcn-
Section 7. Said title is further amended by striking Code Section 21-2-193, relating to the selection of candidates to appear on the ballot, and inserting in its place a new Code Section 21-2-193 to read as follows:
"21-2-193. (a) The name of any candidate for a political party or body nomination for the office of President of the United States shall be printed upon the ballot used in such primary upon the direction of a presidential candidate selection committee composed of a nonvoting chairman chairperson who shall be the Secretary of State^ and the

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Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of both the House and Senate, and the chairmen chairpersons of the political parties and bodies who conduct a presidential preference primary pursuant to Code Section 21-2-191. The Secretary of State, during the fast, fourth week in December November of the year preceding the year in which a presidential preference primary is held, shall prepare and publish a list of names of potential presidential candidates who are generally advocated or recognized in news media throughout the United States as aspirants for that office and who are members of a political party or body which will conduct a presidential preference primary in this state; provided, however, that the Secretary of State shall not include on such list the name of any potential presidential candidate who, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office. The Secretary of State shall also submit such list of names of potential presidential candidates to the selection committee during the second fourth week in December November of the year preceding the year in which a presidential preference primary is held. The selection committee shall meet in Atlanta during the thd first week in December of the year preceding the year in which a presidential preference primary is held, on a date publicly announced by the chairman chairperson. Each person designated by the Secretary of State as a presidential candidate shall appear upon the ballot of the appropriate political party or body unless all committee members of the same political party or body as the candidate agree to delete such candidate's name from the ballot. The selection committee shall publicly announce and submit the names of presidential candidates who shall appear on the presidential primary ballot to the Secretary of State no later than the end of the fourth first week of December of the year preceding the year a presidential preference primary is held. Not later than January 1 December 1^5 of each year preceding the year in which a presidential preference primary is held, the Secretary of State shall notify each potential presidential candidate designated by the committee for inclusion on the primary ballot. Such notification shall be in writing by registered or certified mail with return receipt requested.
(b) Any presidential candidate whose name is not selected by the Secretary of State or whose name is deleted by the selection committee may request, in writing, to the chairman chairperson of the selection committee, prior to January 6 December 15 of each year preceding the year in which a presidential preference primary is held, that bis such candidate's name be placed on the ballot. Not earlier than January 6 December 15, nor later than January W December 22 of the year preceding the year in which a presidential preference primary is held, the Secretary of State shall convene the committee to consider such requests; provided, however, that the committee shall not consider any request to place the name of any potential presidential candidate on the ballot if such potential presidential candidate, if elected to the office of President of the United States, would be ineligible. If any member of the selection committee of the same political party or body as the candidate requests that such candidate's name be placed on the ballot, the committee shall direct the Secretary of State to place the candidate's name on the ballot. Within five days after such meeting, the Secretary of State shall notify the potential presidential candidate whether or not his such candidate's name will appear on the ballot."
Section 8. Said title is further amended by striking Code Section 21-2-194, relating to procedures for the withdrawal of presidential candidates, and inserting in its place a new Code Section 21-2-194 to read as follows:
"21-2-194. A candidate's name shall be printed on the appropriate primary ballot unless he such candidate submits to the Secretary of State by 12:00 Noon, January 16 December 31, in each year preceding the year in which a presidential preference primary is held, an affidavit stating without qualification that fee such person is not now and does not presently intend to become a candidate for the office of President of the United States at the upcoming nominating convention of his such person's political party or body. If a candidate withdraws pursuant to this Code section, the Secretary of State shall notify the state executive committee of the political party or body of such candidate that the candidate's name will not be placed on the ballot."

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Section 9. Said title is further amended by striking Code Section 21-2-200, relating to the applicability of certain general primary provisions, and inserting in its place a new Code Section 21-2-200 to read as follows:
"21-2-200. A presidential preference primary shall be conducted, insofar as practicable, pursuant to this chapter respecting general primaries, except as otherwise provided in this article. In setting up the form of the ballot, the Secretary of State shall provide for designating the name of the candidate to whom a candidate for delegate or delegate alternate is pledged, if any. Notwithstanding any provision ef tew te the contrary, with
contormancc witn all provisions &t tnis chapter except tor tnc oatc of tnc election printed en the ballot ay be used m the presidential preference primary conducted m 1993 under the provisions ef ede Section 21-2-101."
Section 10. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-211, relating to county registrars, and inserting in lieu thereof a new subsection to read as follows:
"(c) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairman chairperson of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairman chairperson. The board of registrars shall meet each month on a day selected by the chief registrar to transact the business of the board. The board shall also meet at other times as needed upon the call of the chief registrar or upon the request of two or more of the registrars. The chief registrar shall be compensated in an amount of not less than $55.00 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $44.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensation provided for in this subsection, the chief registrar may be compensated in an amount not less than $247.50 per month and the other registrars in an amount not less than $220.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations provided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under this article shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds."
Section 11. Said title is further amended by striking subsection (c) of Code Section 21-2-212, relating to the appointment of county deputy registrars, and inserting in its place a new subsection (c) to read as follows:
"(c) Each principal or assistant principal of every public or private high school or the designee of such principal or assistant principal, the president of every public or private college or university^ or his such president's designee, and the director of each area vocational school or the designee of such director in this state shall be a deputy to the board of registrars for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or the president's college or university or who are employed by the private high school or by the school system or by the college or university. Notwithstanding any other provision of law, in high schools, colleges or universities, or area vocational schools which are attended by students who reside outside of the county in which the school, college, or university is located, the principal or assistant principal of such high school or the designee of such principal or assistant principal, the president of such college or university or his such president's designee, and the director of such area vocational school or the designee of such director are authorized to register each qualified applicant who is enrolled as a student in the school, college, or university on behalf of such student's respective county of residence. Such principals, assistant principals, presidents er dcsignccs, attd 2 directorsj or designees shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or

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private high school, the president of each public or private college or university, and the director of each area vocational school are authorized to invite a deputy registrar to the school, college, or university to register as electors those persons whom the principal, president or dcsigncc, ef l director or designee would be authorized to register under this subsection. Code Section 21-2-213 shall not apply to the principal or assistant principal of any public or private high school or the designee of such principal or assistant principal, the president of any public or private college or university or his such president's designee, or the director of any area vocational school or the designee of such director who serves as a deputy registrar by virtue of this subsection."
Section 12. Said title is further amended by striking subsection (a) of Code Section 21-2-213, relating to qualifications of registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write, and speak the English language. Ne person, wnHe serving ts 8 memoer of ft county ooflfu of registPftrs, deputy rcgistrsr, of Hiemoer of & county DOflPd or elections, of witftm ft period of six montns filter so serving, shall be eligible fer any nomination ef office te be voted f-er at a general primary or genefftI election of to QUfllity top flny nominstion OP oiiice or to nftve sucn person s n&irte

chief deputy registrar is presently holding. Ne The office of any person who is a member of a county board of registrars, a deputy registrar, or a member of a county board of elections shall be eligible fer any vacated immediately upon such person's qualifying for nomination or office to be voted for at a special primary or special election er te qualify tor &ny nomination OP oiiice OP to ftsve sucn person s fiflme piflced on &ny spccisi pri~ mary er special election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or te give upon giving notice of such person's intention of write-in candidacy until such person shall have resigned and is ne longer serving as a registrar, deputy registrar, er mem be? ef a county board ef elections ] provided, however, that this ineligibility shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. However, nothing contained in this Code section shall preclude a member of a county board of registrars, deputy registrar, or member of a county board of elections from qualifying for, or having such person's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No member of a county board of elections, member of a county board of registrars, or deputy registrar, while conducting the duties of such person's office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages."
Section 13. Said title is further amended by striking Code Section 21-2-216, relating to obtaining registration cards, and inserting in its place a new Code Section 21-2-216 to read read as follows:
"21-2-216. The registrars of the several counties shall obtain a supply of registration cards from the Secretary of State; which or the registrars may obtain or may create and provide other cards in lieu of the cards provided by the Secretary of State, provided that such other cards are in the form specified in Code Section 21-2-217 and are approved by the Secretary of State. Such registration cards shall be used by them the registrars in connection with the application of those persons seeking to register as electors."
Section 14. Said title is further amended by striking in its entirety subparagraph (b)(2)(A) of Code Section 21-2-217, relating to the form of registration cards and procedure in municipalities electing not to use the county registration system, and inserting in lieu thereof a new subparagraph to read as follows:

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"(A) An absentee voter who is a member of the armed forces of the United States or the merchant marine, is a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member, or is temporarily or permanently residing overseas and will be absent from his or her county of residence until after the time for registering for an ensuing primary or election may make proper application for absentee registration on the official post card provided for by the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended. A person who is a United States citizen, permanently residing overseas, who has never lived in the United States, may register and vote in this state in the county of residence of either of such person's parents under this paragraph if either of the person's parents is registered to vote in this state. Such person shall be deemed to reside at the same location as the parent for voting purposes."
Section 15. Said title is further amended by striking subsection (h) of Code Section 21-2-217, relating to the form of registration cards, and inserting in its place a new subsection (h) to read as follows:
"(h) After approving the registration of a voter, the board of registrars shall issue the voter a card which shall contain the voter's name and address, a block for the voter's signature, the date of the voter's registration, the name of the voter's precinct, the location of the precinct voter's polling place, and the number of the voter's congressional district, state Senate district, state House district, county commission district (if any), board of education district (if any), and city council, city commission, or other municipal district (if any). On the reverse side of the card there shall be printed instructions which shall indicate the procedure to be followed in the event of a change of address of the voter. The voter shall indicate the new address within the county in the space provided on such card and return the card to the board of registrars. Upon receipt of such card, the board of registrars shall make the necessary changes and issue a revised card. In the event the voter's election district congressional district, state Senate district, state House district, county commission district, if any, board of education district, if any, and city council, city commission, or other municipal district, if any, or the voter's precinct changes, then a new card shall be issued. The Secretary of State shall provide such cards for use by the registrars; however, the board of registrars in each county may create and provide other cards in lieu of the cards provided by the Secretary of State, provided that such cards contain the information set forth in this subsection."
Section 16. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-218, relating to registration applications, cards, and places, and inserting in lieu thereof a new subsection to read as follows:
"(a) In those counties where the registrars have a main office separate from the office of the tax collector or tax commissioner, the registrars shall keep the completed registration cards and their other papers in such office which shall be in the courthouse or other public building. If no such office exists, the registrars shall keep the completed registration cards and their other papers:
(1) In the office of the tax collector or the tax commissioner, and such office shall be deemed the main office of the board of registrars; or
(2) In the office of the designated chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal working hours, and such office shall be deemed the main office of the board of registrars. In those counties in which the completed registration cards have been microfilmed or electronically imaged, such completed registration cards may be stored in other locations, provided that the same degree of security for such cards as would be provided at the main office of the registrars is maintained at such other location."
Section 17. Said title is further amended by striking in its entirety subsection (d) of Code Section 21-2-236, relating to examination of electors' qualifications by board of registrars, and inserting in lieu thereof a new subsection to read as follows:
"(d) If the right of any person to remain on the list of electors is questioned by the registrars, they shall give such person written notice of the time and place of a hearing

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to determine such right which shall be served upon such person in the manner provided in subsection (c) of this Code section for other notices or by first-class mail, sent to the address on such person's registration card."
Section 18. Said title is further amended by striking Code Section 21-2-237, relating to challenges of electors, and inserting in its place a new Code Section 21-2-237 to read as follows:
"21-2-237. (a) Any elector of the county shall be allowed to challenge the right of registration of any person whose name appears upon the electors list and, upon a challenge as to the qualifications of the elector being filed, the registrars shall notify the elector and pass upon the challenge. Each challenge shall be in writing and shall specify the grounds of the challenge and, when notice is given the elector by the registrars, a copy of such challenge shall be furnished the challenged elector at least three days before passing upon the same. Any elector of the county shall also be allowed to challenge the qualifications of any applicant for registration. A challenge of a person's qualification to register or to vote shall be decided in every case by the board of registrars with the right of appeal therefrom to the superior court.
(b) Reserved. (c) Any elector of the county shall be allowed to challenge the right to vote of any person whose name appears upon the electors list; by making application to the board of registrars of the county at any time2 including election day itself. Such challenge may be eraJ er written fetrt shall be in writing and shall distinctly set forth the grounds of challenge. The board of registrars shall immediately consider the same and unless they find probable cause to sustain such challenge shall deny it. If the registrars find probable cause to sustain such challenge, the poll officers of the challenged elector's precinct shall be notified; and, if practical, the challenged elector shall be notified and afforded an opportunity to answer. If the challenged elector presents himself appears at the polling place to vote, he the challenged elector shall be given an opportunity to appear before the registrar registrars and answer the grounds of challenge; and such registrars shall:
(1) After hearing the challenger and the challenged elector, determine whether probable cause to sustain such challenge exists;
(2) If no probable cause exists, permit the challenged elector to vote; or (3) If in doubt as to the merit of the challenge, permit the challenged elector to vote by having the word 'challenged' written across the back of the challenged elector's ballot for later determination."
Section 19. Said title is further amended by striking subsection (a) of Code Section 21-2-261.1, relating to boundary requirements for precincts, and inserting in its place the following:
"(a) All voting precincts established or altered on or after <fely ir, 1988, the date paragraphs (1.1), (1.2), and (1.3) of this subsection become effective in 1994 shall consist of areas which are bounded on all sides only by:
(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city or county planning maps, official municipal maps, official county maps, or any combination of such maps; or
(1.1) The boundaries of public parks; (1.2) The boundaries of public school grounds; (1.3) The boundaries of churches; or (2) The boundaries of counties and incorporated municipalities."
Section 20. Said title is further amended by striking subsection (d) of Code Section 21-2-262, relating to division or alteration of precincts, and inserting in its place a new subsection (d) to read as follows:
"(d) Any other provisions of this Code section to the contrary notwithstanding, in all counties of this state having a population of 500,000 or more according to the United

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States decennial census of 1970 or any future such census, the notice of changes in precincts shall be accomplished by sending such notices by first-class mail to the electors affected thereby at the addresses of such electors shown on the electors list; and such notices shall be in lieu of any all other notices required by this subsection."
Section 21. Said title is further amended by striking in its entirety Code Section 21-2-263, relating to reduction in size of certain precincts, and inserting a new Code section to read as follows:
"21-2-263. If at the previous general election a precinct contained more than 2,000 electors and if all those electors desiring to vote had not completed voting one hour following the closing of the polls, the superintendent shall reduce the size of said precinct so that it shall contain not more than 2,000 electors in accordance with the procedures prescribed by this chapter for the division, alteration, and consolidation of precincts no later than 60 days before the next general election. For administering this Code section, the chief manager of a precinct which contained more than 2,000 electors at the previous general election shall submit a report thereof, under oath, to the superintendent as to the time required for completion of voting by all persons in line at the time the polls were closed. Any such change in a precinct shall conform with the requirements of subsection (a) of Code Section 21-2-261.1."
Section 22. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-381, relating to absentee ballot applications, and inserting in its place a new paragraph (1) to read as follows:
"(1) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors residing in the county, no absentee ballot shall be mailed to an address other than the permanent in-county er temporary out-of county mailing address of the elector as recorded on the elector's voter registration record or a temporary out of county address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his such elector's own application because of illiteracy or physical disability, the elector shall make his such elector's mark, and the person filling in the rest of the application shall sign his such person's name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the mailing of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential

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preference primary held pursuant to Article 5 of this chapter and for any special election or special primary."
Section 23. Said title is further amended by striking Code Section 21-2-388, relating to cancellation of certain absentee ballots, and inserting in its place a new Code Section 21-2-388 to read as follows:
"21-2-388. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector; other than one whose physical disability, official election duties, or observance of a religious holiday prevents his attendance at the polls, who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from the elector's precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of his the elector's residence during the time the polls are open in any primary, election, or runoff for which he the elector has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways:
(1) By surrendering his the absentee ballot to the poll manager of the precinct in which his the elector's name appears on the electors list and then bei the request and shall notify the managers of the elector's precinct as to such action so as to permit him the elector to vote in person in his that precinct. If the absentee ballot is in the possession of the registrars, it shall be promptly marked 'Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the registrar shall write 'Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as provided in subsection (a) of Code Section 21-2-386 for absentee ballots returned too late to be cast."
Section 24. Said title is further amended by adding a new subsection at the end of Code Section 21-2-402, relating to voter's certificates, to be designated subsection (c), to read as follows:
"(c) The election superintendent may obtain or may create and provide other voter's certificates in lieu of the voter's certificates provided by the Secretary of State, provided that such other voter's certificates are in the form required under this Code section and are approved by the Secretary of State."
Section 25. Said title is further amended by striking Code Section 21-2-414, relating to restrictions on campaign activities, public opinion polling, and petitioning within the vicinity of polling places, and inserting in its place a new Code section to read as follows:
"21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day: within
(1) Within 150 feet of the outer edge of any building within which a polling place is established;
(2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (b) No person shall solicit signatures for any petition on any primary or election day: witnm

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(1) Within 150 feet of the outer edge of any building within which a polling place is established;
(2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day. (d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day. (e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (f) Any person who violates this Code section shall be guilty of a misdemeanor. \) i tils Ood.6 section sfiQri not oppiy to conduct occtifnnu trf OF upon ftBy privfttciy
being uacd as a polling place."
Section 26. Said title is further amended by striking in its entirety Code Section 21-2-500, relating to voting materials and their preservation, presentation to the grand jury, and destruction, and inserting in lieu thereof a new Code section to read as follows:
"21-2-500. Immediately upon completing the returns required by this article, the superintendent shall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the superior court, to the county records manager or other office or officer under the jurisdiction of a county governing authority which maintains or is responsible for records, as provided in Code Section 50-18-99, the used, unused, and void ballots and the stubs of all ballots used, one copy of oaths of poll officers, one copy of the numbered lists of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items. The clerk, county records manager, or the office or officer designated by the clerk shall hold such ballots and other documents under seal, unless otherwise directed by the superior court, for at least 24 months, after which they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerk, county records manager, or officer designated by the clerk until the adjournment of such grand jury, and then they may be destroyed, unless otherwise provided by order of the superior court."
Section 27. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 21-2-540, relating to special elections, and inserting in its place new paragraphs (2) and (3) to read as follows:
"(2) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of
1989'; or (B) Special primaries or special elections to fill vacancies in public offices except
as otherwise provided in paragraph (3) of this subsection. (3) The provisions of this subsection shall apply to special primaries or special elections to fill vacancies in elected county offices."
Section 28. Reserved.
Section 29. Said title is further amended by striking subsection (b) of Code Section 21-3-30, relating to municipal superintendents, and inserting in its place a new subsection (b) to read as follows:

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"(b) The municipal superintendent shall be a person or committee selected in the manner prescribed by the governing authority of the municipality with compensation fixed and paid by the governing authority of the municipality from municipal funds. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughterin-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal superintendent in any precinct in which such candidate's name appears on the ballot in any primary or election."
Section 30. Said title is further amended by striking in its entirety Code Section 21-3-33, relating to the appointment of clerks, and inserting in lieu thereof a new Code Section 21-3-33 to read as follows:
"21-3-33. Prior to the opening of the polls in each precinct at each election or primary, the governing authority superintendent shall appoint a sufficient number of clerks to serve therein at such election or primary. I a primary, the superintendent shall appoint such elcrka. If additional clerks are required during the day for the purpose of counting ballots or for other purposes, the superintendent may appoint same."
Section 31. Said title is further amended by striking subsection (a) of Code Section 21-3-34, relating to qualifications of municipal poll officers, and inserting in its place a new subsection (a) to read as follows:
"(a) Poll officers shall be electors of the municipality in which they are appointed or the county in which the municipality is located and shall be able to read, write, and speak the English language. No poll officer shall be eligible to any nomination or public office to be voted for at a primary or election in which fee such poll officer shall serve. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election."
Section 32. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 21-3-52, relating to special municipal elections, and inserting in its place new paragraphs (2) and (3) to read as follows:
"(2) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of
1989'; or (B) Special primaries or special elections to fill vacancies in public offices except
as otherwise provided in paragraph (3) of this subsection. (3) The provisions of this subsection shall apply to special primaries or special elections to fill vacancies in municipal elected offices."
Section 33. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3-91, relating to filing a notice of candidacy, a certificate of nomination, and an affidavit, and inserting in lieu thereof a new subsection to read as follows:
"(a) Each candidate, except a candidate nominated by nomination petition provided for in subsection (f) of this Code section, or few a designee shall file a notice of his candidacy in the office of the municipal superintendent of few such candidate's municipality:
(1) At least 22 but not more than 52 days prior to the election in the case of a general election and at least 15 but not more than 30 days prior to the election in the case of a special election; or
(2) At least 50 btrt net more than 60 days prior to the election in the case of a municipal general or special election held in conjunction with a November general election conducted under Chapter 2 of this title. The opening and closing dates shall, within the limitations as provided in this Code section, be as set forth in the municipal charter or, if not so specified, then by municipal ordinance. If a run-off primary is held, each candidate nominated therein or few a designee shall file a notice of few candidacy with the municipal superintendent within three

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days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline prescribed in this subsection. Notice of the opening and closing dates for candidates to qualify shall be published in the call for the election."
Section 34. Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-3-91, relating to filing a municipal notice of candidacy, nomination petition, and affidavit, and inserting in its place a new paragraph (7) to read as follows:
"(7) That fee the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his the candidates's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and".
Section 35. Said title is further amended by adding a new subsection at the end of Code Section 21-3-94, relating to reopening of qualification for office, to be designated subsection (c), to read as follows:
"(c) A candidate in a general or special primary may withdraw as a candidate after qualifying but prior to the date of the general or special primary by filing a notarized affidavit of withdrawal with the municipal superintendent. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the municipal superintendent. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted."
Section 36. Said title is further amended by striking paragraph (1) of subsection (e) of Code Section 21-3-120, relating to the appointment of municipal registrars, and inserting in its place a new paragraph (1) to read as follows:
"(1) Each principal or assistant principal of every public or private high school or the designee of such principal or assistant principal, the president of every public or private college or university; or his such president's designee, and the director of each area vocational school or the designee of such director in this state shall be a deputy registrar for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or the president's college or university or who are employed by the private high school or by the school system or by the college or university. Notwithstanding any other provision of law, in high schools, colleges or universities, or area vocational schools which are attended by students who reside in a municipality other than the municipality in which the school, college, or university is located or who reside in a municipality which lies outside of the county in which the school, college, or university is located, the principal or assistant principal of such high school or the designee of such principal or assistant principal, the president of such college or university; or his such president's designee, and the director of such area vocational school or the designee of such director are authorized to register each qualified applicant who is enrolled as a student in the school, college, or university on behalf of such student's respective municipality of residence. Such principals, assistant principals, presidents er designecs, attd directors; or designees shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school or the designee of such principal or assistant principal, the president of each public or private college or university; or his such president's designee, and the director of each area vocational school or the designee of such director are authorized to invite a deputy registrar to the school, college, or university to register as electors those persons whom the principal er l assistant principal,

WEDNESDAY, MARCH 16, 1994

2715

director or t presidentj or his designee would be authorized to register under this paragraph."
Section 37. Said title is further amended by striking subsection (a) of Code Section 21-3-121, relating to qualifications of municipal registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be able to read, write, and speak the Jinglisn isngus^G. JNo pcfson, while serving ss ft pc^istrflr, deputy regist-fflr, of rnemocf of s Dosrd of elections, of wit-inn ft period of six montns fltter so serving, snsii o^ eiitDle

ft cniGi deputy fogisvpftp wno ts 8is,o &n elected puDiic oiiicef &nd wiio seeKs to Qusiiiy
The office of any person who is a registrar, deputy registrar, or member of a board of elections shall be eligible te ftte vacated immediately upon such person filing a notice of candidacy for any nomination or office to be voted for at a special primary or special election until 3ucn person snail novc resigned and is no longer serving ds ft registrar, deputy registrar, or member ef a board ef- elections or upon such person's giving notice of such person's intent to be a write-in candidate; provided, however, that this ineligibility shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. However, nothing contained in this Code section shall preclude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having such officer's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No registrar, deputy registrar, or member of a board of elections, while performing the duties of such office, shall engage in political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body while on duty, and wearing badges, buttons, or clothing with partisan messages."
Section 38. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3-123, relating to duties of the county registrar in municipalities using the county registration system, location of the main office of the board of registrars, and registration places, and inserting in lieu thereof a new subsection to read as follows:
"(b) In those municipalities electing to maintain their own registration system, the registrars shall keep the completed registration cards and their other papers in the main office of the municipal registrars, which office shall be in the city hall or other public building designated by the governing authority. If no such office exists, the registrars shall keep the completed registration cards and their other papers:
(1) In the office of the city clerk, and such office shall be deemed the main office of the board of registrars; or
(2) In the office of the designated chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal working hours, and such office shall be deemed the main office of the board of registrars. In those municipalities in which the completed registration cards have been microfilmed or electronically imaged, such completed registration cards may be stored in other locations, provided that the same degree of security for such cards as would be provided at the main office of the registrars is maintained at such other location. For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during regular office hours. The governing authority, in addition to the main office, shall designate every municipal public library and county public library which is located within the corporate limits of the municipality and in which a librarian has elected to serve as a deputy registrar and may designate other fixed places to be used for the purpose of receiving applications for registration and for

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the registration of electors. Blank registration cards shall be kept in the places designated for registration and completed registration cards shall be kept in the main office of the registrars, provided that completed registration cards may be retained temporarily at permanent additional voter registration places but shall be transmitted to the main office as expeditiously as possible by a registrar or deputy registrar or by United States mail."
Section 39. Said title is further amended by striking Code Section 21-3-124, relating to the form of municipal registration cards, and inserting in its place a new Code Section 21-3-124 to read as follows:
"21-3-124. The form of municipal registration shall be specified by the governing authority, except that, if the governing authority does not elect to use the county registration list, the municipal registrar shall be required to register voters on the uniform registration card printed and distributed by the Secretary of State as required in Code Section 21-2-217. The governing authority may elect to obtain or may elect to create and provide other cards in lieu of the cards provided by the Secretary of State, provided that such other cards are in the form specified in Code Section 21-2-217 and are approved by the Secretary of State."
Section 40. Said title is further amended by adding a new subsection at the end of Code Section 21-3-135, relating to filing the certified list of voters with the city clerk, to be designated subsection (c), to read as follows:
"(c) In those municipalities using computers to maintain the list of electors, it shall be the duty of the boards of registrars of such municipalities to furnish a computer-run list at a cost not to exceed one-quarter of a cent per name or a computer tape containing such list, upon payment of a fee to cover the actual cost of providing such tape or both the tape and the computer-run list as requested; provided, however, that the total cost of providing such tape or computer-run list, or both, shall not be less than $15.00."
Section 41. Said title is further amended by striking Code Section 21-3-138, relating to challenges of municipal electors, and inserting in its place a new Code Section 21-3-138 to read as follows:
"21-3-138. (a) Any elector of the municipality shall be allowed to challenge the right of registration of any person whose name appears upon the electors list; and, upon a challenge as to the qualifications of the elector being filed, the registrars shall notify the elector and pass upon the challenge. Each challenge shall be in writing and shall specify the grounds of the challenge; and, when notice is given the elector by the registrars, a copy of such challenge shall be furnished the challenged elector at least three days before passing upon the same. Any elector of the municipality shall also be allowed to challenge the qualifications of any applicant for registration. A challenge of a person's qualification to register or to vote shall be decided in every case by the board of registrars with the right of appeal therefrom to the superior court.
(b) Any elector of the municipality shall be allowed to challenge the right to vote of any person whose name appears upon the electors list by making application to the board of registrars of the municipality at any time, including election day itself. Such challenge may be ertA or written feat shall be in writing and shall distinctly set forth the grounds of challenge. The board of registrars shall immediately consider the same and unless they find probable cause to sustain such challenge shall deny it. If the registrars find probable cause to sustain such challenge, the poll officers of the challenged elector's precinct shall be notified; and, if practical, the challenged elector shall be notified and afforded an opportunity to answer. If the challenged elector presents himself appears at the polling place to vote, he the challenged elector shall be given an opportunity to appear before the registrar registrars and answer the grounds of challenge; and, after hearing the challenger and the challenged elector, such registrars shall determine whether probable cause to sustain such challenge exists and shall:
(1) If no probable cause exists, permit the challenged elector to vote; (2) If in doubt as to the merit of the challenge, permit the challenged elector to vote by having the word 'challenged' written across the back of the challenged elector's ballot for later determination; or

WEDNESDAY, MARCH 16, 1994

2717

(3) If it is determined that a challenged elector is not eligible to vote, refuse to allow the challenged elector to vote by having the words 'ineligible to vote' written on the electors list next to the challenged elector's name."
Section 42. Said title is further amended by striking Code Section 21-3-160, relating to the designation of municipal election district precincts, and inserting in its place a new Code Section 21-3-160 to read as follows:
"21-3-160. Each municipal election district existing as ef December Sir, 1082, shall constrtute d scpflFflte precinct until snd unless cfttin^cd ft& provided m WHS ftfttcic i nc governing authority of each municipality shall determine and establish the number and boundaries of municipal voting precincts in accordance with the provisions of this article. Insofar as practicable, the precincts shall be the same as those for state and county elections."
Section 43. Said title is further amended by striking subsection (a) of Code Section 21-3-161.1 and inserting in its place the following:
"(a) All voting precincts established or altered on or after Jtriy -, 1083, the date paragraphs (1.1), (1.2), and (1.3) of this subsection become effective in 1994 shall consist of areas which are bounded on all sides only by:
(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city or county planning maps, official municipal maps, official county maps, or any combination of such maps; er
(1.1) The boundaries of public parks; (1.2) The boundaries of public school grounds; (1.3) The boundaries of churches; or (2) The boundaries of counties and incorporated municipalities."
Section 44. Said title is further amended by striking subsection (a) of Code Section 21-3-164, relating to polling places, and inserting in its place a new subsection (a) to read as follows:
"(a) In selecting polling places, the governing authority shall, wherever practicable, select schoolhouses, municipal buildings or rooms, or other public buildings for that purpose. In selecting polling places, the governing authority shall give consideration to the comfort and convenience those places to be selected will provide to both electors and poll officers. School, county, municipal, or other governmental authorities shall, upon request of the municipal governing authority, make arrangements for the use of their property for polling places; provided, however, that such use shall not substantially interfere with the use of such property for the purposes for which it is primarily intended. No polling place shall be selected or used under any circumstances which does not have suitable and appropriate access to the handicapped for the purpose of voting; and any person, whether or not personally aggrieved, may bring an action for mandamus to require that all polling places in the municipality have suitable and appropriate access to the handicapped for the purpose of voting."
Section 45. Said title is further amended by striking subsection (a) of Code Section 21-3-283, relating to municipal absentee ballot applications, and inserting in its place a new subsection (a) to read as follows:
"(a) Any absentee elector may make an application either by mail, by facsimile transmission, or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's precinct to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elector permanently resides or a physically disabled elector residing within the municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sisterin-law of the age of 18 or over. The application shall be in writing and shall contain

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sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the elector's permanent address within th municipality ef temporary address outside ef the municipality as recorded on the elector's voter registration record or temporary address outside of the municipality. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his such elector's own application because of illiteracy or physical disability, the elector shall make his such elector's mark, and the person filling in the rest of the application shall sign his such person's name below it as a witness."
Section 46. Said title is further amended by striking Code Section 21-3-288, relating to cancellation of municipal absentee ballots, and inserting in its place a new Code Section 21-3-288 to read as follows:
"21-3-288. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector; other than ene whose physical disability, official election duties, or observance of et religious holiday prevents his attendance at the polls, who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from the elector's precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of his the elector's residence during the time the polls are open in any primary, election, or runoff for which h the elector has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways:
(1) By surrendering his the absentee ballot to the poll manager of the precinct in which his the elector's name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark 'Canceled' and the date and time across the face of the absentee ballot and shall initial the same. He The poll manager shall also make appropriate notations beside the name of the elector on the list of electors. All such canceled absentee ballots shall be returned with other ballots to the superintendent;
(2) By appearing in person before the absentee ballot clerk and requesting in writing that the envelope containing his the elector's absentee ballot be marked 'Canceled.' After having satisfied himself or herself as to the identity of such elector, the absentee ballot clerk shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit him the elector to vote in person in his that precinct. If the absentee ballot is in the possession of the absentee ballot clerk, it shall be promptly marked 'Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the clerk shall write 'Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as subsection (a) of Code Section 21-3-286 provides for absentee ballots returned too late to be cast."
Section 47. Said title is further amended by adding a new subsection at the end of Code Section 21-3-311, relating to municipal voter's certificates, to be designated subsection (c), to read as follows:
"(c) The election superintendent may obtain or may create and provide other voter's certificates in lieu of the voter's certificates provided by the Secretary of State, provided that such other voter's certificates are in the form required under this Code section and are approved by the Secretary of State."
Section 48. Said title is further amended by striking Code Section 21-3-321, relating to restrictions on campaign activities, public opinion polling, and petitioning within the vicinity of municipal polling places, and inserting in lieu thereof a new Code section to read as follows:

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2719

"21-3-321. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day: within
(1) Within 150 feet of the outer edge of any building within which a polling place is established;
(2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (b) No person shall solicit signatures for any petition on any primary or election day:
(1) Within 150 feet of the outer edge of any building within which a polling place is established-
(2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day. (d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day. (e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. \i) l"His v^otlc section snflrr not sppiy to conduct occurring n 0f upon ftny privfttdy
being used as a polling place. Any person who violates this Code section shall be guilty of a misdemeanor."
Section 49. Said title is further amended by striking subsection (b) of Code Section 21-3-407, relating to vote required for nomination or election in municipalities, and inserting the following:
"(b) In instances in which no candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such In the case of a general primary or general election, such runoff shall be held net earlier than th fourteenth day ad net later than on the twenty-first day after the day of holding the first primary or election, on a date apecificd by ordinance et resolution, unless such run-off date is postponed by court order. In the case of a special primary or special election, such runoff shall be held not earlier than the fourteenth day and not later than the twenty-first day after the holding of the first special primary or special election, on a date specified by ordinance or resolution, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 21-3-136. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he or she seeks shall be declared the winner."

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Section 50. Said title is further amended by striking in its entirety Code Section 21-3-409, relating to election materials and their delivery, preservation, and destruction, and inserting in lieu thereof a new Code section to read as follows:
"21-3-409. Immediately upon completing the returns required by this article, the superintendent shall deliver in sealed containers to the city clerk the used, unused, and void ballots and the stubs of all ballots used; the oaths of poll officers; and one copy of each numbered list of voters, tally papers, voting machine paper proof sheets, and return sheets involved in the primary or election. In addition, the superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voter's certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate."
Section 51. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 52. All laws and parts of laws in conflict with this Act are repealed.

Representative Holmes of the 53rd moved that the House adopt the report of the Committee of Conference on HB 897.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Atkins
Bailey Y Baker
N Bannister Y Barfoot Y Bargeron Y Barnes N Bates Y Benetield N BirdsiuiK Y Bordeaux
Bostick N Breedlove N Brooks. U Y Brooks. T Y Brown Y Buck Y Buckner Y Bunn N Burkhalter Y Byrd
Campbell
Y Canty Carlisle
N Carrell
Y Carter Y Cauthorn Y Chambless N Chandler N Channel! Y Childers
N Clark N Coker
N Coleman. B N Coleman, T

N Colwell
Y Connell Y Cox N Crawford N Crews
Culbreth N Cummings Y Davis, G N Davis, M N Dickinson N Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps N Evans N Felton
Floyd, J.M Y Flovd, J.W
N God bee Y Golden Y Goodwin
Greene Y Groover
Y Hammond Y Manner Y Harris. B N Harris, M Y Hart Y Heard Y Hegstrorn
Y Hembree Y Henson Y Holland
Y Holmes

Y Howard Y" Hudson Y Hughes Y Hugley N Irvin Y James
N Jamieson Jenkins
Y Johnson, D.H N Johnson, E N Johnson, G N Johnson,J E Johnston Y Jones N Joyce N Kaye Y Kinnamon N Klein N Ladd
N Lakly N Lane, D Y Lane, R N Lawrence N Lawson Y Lee Y Lewis Y Lord Y Lucas N Maddox N Mann Y Martin
Y McBee Y McClintun
McKinney Milam N Mills

On the motion, the ayes were 97, nays 64. The motion prevailed.

Y Mohley. B
N Mobley, J N Moore Y Mosley Y Mueller E Oliver Y O'Neal
Y Orrock N Padgett E Parham N Parrish
Patten Y Pelote N Perry N Pinholster
Poag Y Polak N Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
N Ray Y Reaves Y Reichert Y Roberts
Royal Y 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 Y Snow
Y Stancil, K N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Sweat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman N Titus N Towery N Trense Y 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

WEDNESDAY, MARCH 16, 1994

2721

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HR 1127. By Representatives Watson of the 139th and Dixon of the 150th:
A resolution creating the House Competitive Local Telephone Service Study Committee.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 91, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted.

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 Annotated, 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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for the adoption of rules and regulations by the Board of Natural Resources relating to water conservation plans; to provide for a water conservation task force; to require a water conservation plan to be submitted to the director of the Environmental Protection Division of the Department of Natural Resources in conjunction with an application for a permit for withdrawal, diversion, or impoundment of surface water; to provide that such a plan shall be submitted in conjunction with an application for a permit to withdraw, obtain, or use ground water; 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. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by inserting at the end of Article 1, relating to general provisions relative to water resources, the following:
"12-5-4. (a) The Board of Natural Resources shall adopt rules and regulations relating to the conduct, content, and submission of the water conservation plans required by Code Sections 12-5-31 and 12-5-96.
(b) The director of the Environmental Protection Division of the Department of Natural Resources shall appoint a task force to assist in the writing of the rules and regulations required by subparagraph (a) of this Code section. The task force shall have 12 members. Three members shall represent the business and industry community, three shall represent the agriculture industry, three shall represent local governments, and three shall represent environmental and citizens groups. The members of the task force shall serve without compensation or reimbursement of expenses. The task force shall disband upon the adoption by the Board of Natural Resources of the rules and regulations provided for in subsection (a) of this Code section."

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Section 2. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 12-5-31, relating to permits for the withdrawal, diversion, or impoundment of surface waters, and inserting in lieu thereof the following:
"(d) All permit applications filed with the director under this Code section shall contain the name and address of the applicant { OTj in the case of a corporation, the address of its principal business office in this state);; the date of filing;; the source of the water supply;; the quantity of water applied for;; the use to be made of the water and any limitation thereon;; the place of use;; the location of the withdrawal, diversion, or impoundment;; for those permits which indicate an increase in water usage, except for permits solely for agricultural use, a water conservation plan approved by the director and prepared based on guidelines issued by the director; and such other information as the director may deem necessary; provided, however, that any required information already provided the director by the applicant in the context of prior dealings with the division, which information is still correct, may be incorporated into the application by adequate reference to same. The director shall collect and disseminate such technical information as the director deems appropriate to assist applicants in the preparation of water conservation plans."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-5-96, relating to permits to withdraw, obtain, or use ground water, and inserting in lieu thereof the following:
"(a) (1) No person shall withdraw, obtain, or utilize ground waters in excess of 100,000 gallons per day for any purpose unless such person shall first obtain a permit therefor from the division.
(2) Any person applying for a permit or a permit modification under this part which indicates an increase in water usage, except for permits for solely agricultural usage, shall also submit with such application a water conservation plan approved by the director and based on guidelines issued by the director. The director shall collect and disseminate such technical information as the director deems appropriate to assist in the preparation of water conservation plans."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 93, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Annotated, 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.

The following amendment was read and adopted:

The Committee on Human Relations and Aging moves to amend SB 648 by striking line 14 of page 2 and inserting the following:
"adult or adult suffering from dementia are".
By striking line 1 of page 3 and inserting the following:
"suffering from dementia, such as".

WEDNESDAY, MARCH 16, 1994

2723

By striking line 10 of page 3 and inserting the following: "(3) 'Dementia' means: (A) an irreversible". By striking lines 17 and 18 of page 3 and inserting the following: "or supervision; or (B) the comatose state of an adult resulting from any head injury." By striking line 20 of page 4 and inserting the following: "dementia, who lives in the same residence". By striking line 6 of page 5 and inserting the following: "older adult or other adult suffering from". By striking line 12 of page 5 and inserting the following: "adult suffering from dementia, such as". By striking line 28 of page 5 and inserting the following: "adult suffering from dementia. Supportive". By striking line 15 of page 6 and inserting the following: "suffering from dementia carry out tasks".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 99, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 1093. By Representatives White of the 161st, Brooks of the 54th, Stanley of the 50th, Stanley of the 49th, Sinkfield of the 57th and others:
A resolution commending James E. "Billy" McKinney and designating a bridge in his honor.

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 Barloot Y Bargeron Y Barnes Y Bates Y Benetield Y Birdsong
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
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
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
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
Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, U
Lane. R Y Lawrence

2724

JOURNAL OF THE HOUSE,

Y Lawson Lee
Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinlon Y McKinney
Milam Mills Y Mobley. B
Y Moblev. 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 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 Sinktield
Y Skipper Y Smith, C Y Smith, L

Y Smith. I> Y Smith, T
Smith, V Y Smith, VV 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 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 160, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 1066.

By Representatives Snow of the 2nd, Perry of the llth, Bailey of the 93rd and Carter of the 166th:
A resolution creating the House State Emergency Management Study Committee.

The following substitute, offered by Representatives Snow of the 2nd and Jamieson of the 22nd was read and adopted:

A RESOLUTION
Creating the House State Emergency Management Study Committee; and for other purposes.
WHEREAS, there is a need to study the ability of emergency management offices to adequately address preparedness, response, recovery, and mitigation for natural hazards and manmade hazards as may impact the citizens of Georgia and their property; and
WHEREAS, these natural and manmade hazards include but are not limited to the following: state-wide flooding problems, dam safety, hurricanes and tornadoes, forest fires, and other catastrophic disasters and emergencies; and
WHEREAS, there is a need for recovery operations, disaster recovery laws, disaster recovery funds, and expansion of the emergency information system; and
WHEREAS, there are a substantial number of watershed dams located throughout the state which are sponsored and maintained by counties and soil and water conservation districts which will require the expenditure of millions of dollars for renovation and repair when their exemption from Part 3 of Article 5 of Chapter 5 of Title 12, the "Georgia Safe Dams Act," expires in 1995 and there is a critical need to secure a source of state funding for such renovation and repair.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House State Emergency Management Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The

WEDNESDAY, MARCH 16, 1994

'2725

committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1994. The committee shall stand abolished on December 1, 1994.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargenm Y Barnes Y Bates
Benefield Y Birdsong
Bordeaux Bostick
Y Breedlove Y Brooks, D
Y Brooks. T
Y Brown
Y Buck
Buckner
Y Bunn
Y Burkhalter
YByrd
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 Y Coleman. T

Y 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
Y Dobbs Y Ehrhart Y Epps Y Evans
Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin
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 Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane. D
Y Lane, H Y Lawrence Y Lawson
Y Lee Y Lewis YLord Y Lucas
Y Maddox Y Mann Y Martin
Y McBee Y McClinton
McKinney
Milam Y Mills

Y Mobley. B Y Moblev. 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
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
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 Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson
Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 156, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representative Poag of the 6th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:

2726

JOURNAL OF THE HOUSE,

SB 505. By Senator Henson of the 55th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurance for motor vehicle liability purposes, so as to require the maintenance of cash deposits and investments in certain securities by persons operating one or more vehicles for hire which transport passengers in order for those persons to qualify for a certificate of self-insurance for motor vehicle liability purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance for motor vehicle liability purposes, so as to require the maintenance of cash deposits and investments in certain securities by persons operating 25 or more taxicabs and in whose name such vehicles are registered in order for those persons to qualify for a certificate of self-insurance for motor vehicle liability purposes; to provide a definition; to allow for a transition period for compliance; to require such self-insurers to submit to the Commissioner reports and annual financial statements; to limit the value of any asset listed on an annual or interim report to an equity interest; to provide that such self-insurers shall be subject to certain examinations and proceedings in the same manner as insurers transacting motor vehicle insurance; to require such self-insurers to maintain reserves for losses; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance for motor vehicle liability purposes, is amended by striking Code Section 40-9-101, relating to self-insurance, and inserting in lieu thereof a new Code Section 40-9-101 to read as follows:
"40-9-101. (a) (1) Except as otherwise provided in paragraph paragraphs (2) and (3) of this subsection, any person in whose name one or more vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commissioner of Insurance. The Commissioner of Insurance may, in his or her discretion, upon the application of such person, issue such a certificate when he or she is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims-handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33.
(2) Ay Except as otherwise provided in paragraph (3) of this subsection with regard to taxicabs, any person who operates one or more vehicles for hire which transport passengers and in whose name a certificate of title has been issued pursuant to Chapter 3 of this title on one or more such vehicles may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commissioner of Insurance. The Commissioner of Insurance may, in his or her discretion, upon the application of such person, issue such a certificate when he or she is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims-handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33.
(3) (A) As used in this paragraph, the term 'taxicab' means a motor vehicle used to transport passengers for a fare and which is fitted with a taximeter to compute such fare.
(B) Any person who operates 25 or more taxicabs and in whose name such vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commissioner of Insurance. The Commissioner of Insurance may, in his or her discretion, upon the application of such person, issue such a certificate

WEDNESDAY, MARCH 16, 1994

2727

when he or she is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims-handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33. A person who operates fewer than 25 taxicabs and in whose name such vehicles are registered shall not be allowed to qualify as a self-insurer with regard to such vehicles.
(C) Except as otherwise provided in subparagraph (D) of this paragraph, on or after July 1^ 1994, to qualify for a certificate of self-insurance under subparagraph (B) of this paragraph, a person shall maintain with the Commissioner a cash deposit of $100,000.00 and shall also possess and thereafter maintain an additional amount of at least $300,000.00 which shall be invested in the types of assets described in subparagraphs (A) through (H) of Code Section 33-11-5 and Code Sections 33-11-10. 33-11-14.1. 33-11-20, 33-11-21, 33-11-25, 33-11-29, and 33-11-30, which relate to various types of authorized investments for insurers.
(D) Any person operating as a self-insurer pursuant to a certificate of self-insurance issued prior to July 1^ 1994, shall be allowed a transition period in which to meet the requirements of subparagraph (C) of this paragraph; provided, however, on and after July 1^ 1996, all self-insurers under this paragraph shall comply fully with the requirements of subparagraph (C) of this paragraph. The Commissioner of Insurance shall promulgate rules and regulations relative to the transition period for compliance provided in this subparagraph.
(E) Beginning July 1^ 1994, and each year thereafter, a person operating as a self-insurer pursuant to this paragraph shall submit to the Commissioner of Insurance, on forms prescribed by the Commissioner, reports of the business affairs and operations of the self-insurer in the same manner as required of insurers pursuant to Code Section 33-3-21. A person operating as a self-insurer pursuant to this paragraph shall also submit to the Commissioner an annual financial statement audited by an independent certified public accountant. The value of any asset listed in any report required by this subparagraph shall be limited to the equity interest of the person operating as a self-insurer pursuant to this paragraph.
(F) Any person operating as a self-insurer pursuant to this paragraph shall be subject to examination and proceedings in the same manner applicable to insurers transacting motor vehicle insurance in this state as provided in Chapter 2 of Title 33 and shall maintain reserves for losses in the same manner as insurers transacting motor vehicle insurance as provided in Chapter 10 of Title 33. (b) Upon a determination that any self-insurer has failed to pay on any valid claim within 30 days of its submission or has failed to satisfy any judgment within 30 days after such judgment shall become final, the Commissioner of Insurance shall revoke such insurer's certificate. The Commissioner of Insurance may on reasonable grounds cancel a certificate of self-insurance and is authorized to promulgate rules and regulations prescribing such grounds for the cancellation of such certificates."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Barnes of the 33rd 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, and Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance for motor vehicle liability purposes, so as to provide for financial requirements for certain mutual insurers and certain self-insurers for motor vehicle liability purposes; to provide requirements for surplus to be possessed and

2728

JOURNAL OF THE HOUSE,

maintained by certain mutual insurers; to require the maintenance of cash deposits and investments in certain securities by persons operating 25 or more taxicabs and in whose name such vehicles are registered in order for those persons to qualify for a certificate of self-insurance for motor vehicle liability purposes; to provide a definition; to allow for a transition period for compliance; to require such self-insurers to submit to the Commissioner reports and annual financial statements; to limit the value of any asset listed on an annual or interim report to an equity interest; to provide that such self-insurers shall be subject to certain examinations and proceedings in the same manner as insurers transacting motor vehicle insurance; to require such self-insurers to maintain reserves for losses; 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 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, is amended by adding the following Code Section 33-3-7, relating to the requirement of surplus for new insurers, a new Code Section 33-3-7.1 to read as follows:
"33-3-7.1. Notwithstanding any provisions of this title which might be construed to the contrary, any mutual insurer which, as of the effective date of this Code section, has been issued at least 25 consecutive certificates of authority to transact insurance in this state, has at least 1.5 million in surplus, and has surplus equal to at least 10 percent of its total assets shall be deemed to be in compliance with the minimum surplus requirement for mutual insurers under this title so long as it possesses and thereafter maintains at least $1.5 million in surplus and has surplus which is equal to at least 10 percent of its total assets."
Section 2. Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance for motor vehicle liability purposes, is amended by striking Code Section 40-9-101, relating to self-insurance, and inserting in lieu thereof a new Code Section 40-9-101 to read as follows:
"40-9-101. (a) (1) Except as otherwise provided in paragraph paragraphs (2) and (3) of this subsection, any person in whose name one or more vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commissioner of Insurance. The Commissioner of Insurance may, in his or her discretion, upon the application of such person, issue such a certificate when he or she is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims-handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33.
(2) Any Except as otherwise provided in paragraph (3) of this subsection with regard to taxicabs, any person who operates one or more vehicles for hire which transport passengers and in whose name a certificate of title has been issued pursuant to Chapter 3 of this title on one or more such vehicles may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commissioner of Insurance. The Commissioner of Insurance may, in his or her discretion, upon the application of such person, issue such a certificate when he or she is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims-handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33.
(3) (A) As used in this paragraph, the term 'taxicab' means a motor vehicle used to transport passengers for a fare and which is fitted with a taximeter to compute such fare.
(B) Any person who operates 25 or more taxicabs and in whose name such vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commissioner of Insurance. The Commissioner of Insurance may, in his or her discretion, upon the application of such person, issue such a certificate when he or she is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims-handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with

WEDNESDAY, MARCH 16, 1994

2729

Chapter 34 of Title 33. A person who operates fewer than 25 taxicabs and in whose name such vehicles are registered shall not be allowed to qualify as a self-insurer with regard to such vehicles.
(C) Except as otherwise provided in subparagraph (D) of this paragraph, on or after July lj 1994, to qualify for a certificate of self-insurance under subparagraph (B) of this paragraph, a person shall maintain with the Commissioner a cash deposit of $100,000.00 and shall also possess and thereafter maintain an additional amount of at least $300,000.00 which shall be invested in the types of assets described in subparagraphs (A) through (H) of Code Section 33-11-5 and Code Sections 33-11-10, 33-11-14.1, 33-11-20, 33-11-21, and 33-11-25, which relate to various types of authorized investments for insurers.
(D) Any person operating as a self-insurer pursuant to a certificate of self-insurance issued prior to July 1^ 1994, shall be allowed a transition period in which to meet the requirements of subparagraph (C) of this paragraph; provided, however, on and after July 1^ 1996, all self-insurers under this paragraph shall comply fully with the requirements of subparagraph (C) of this paragraph. The Commissioner of Insurance shall promulgate rules and regulations relative to the transition period for compliance provided in this subparagraph.
(E) Beginning July !_, 1994, and each year thereafter, a person operating as a self-insurer pursuant to this paragraph shall submit to the Commissioner of Insurance, on forms prescribed by the Commissioner, reports of the business affairs and operations of the self-insurer in the same manner as required of insurers pursuant to Code Section 33-3-21. A person operating as a self-insurer pursuant to this paragraph shall also submit to the Commissioner an annual financial statement audited by an independent certified public accountant. The value of any asset listed in any report required by this subparagraph shall be limited to the equity interest of the person operating as a self-insurer pursuant to this paragraph.
(F) Any person operating as a self-insurer pursuant to this paragraph shall be subject to examination and proceedings in the same manner applicable to insurers transacting motor vehicle insurance in this state as provided in Chapter 2 of Title 33 and shall maintain reserves for losses in the same manner as insurers transacting motor vehicle insurance as provided in Chapter 10 of Title 33. (b) Upon a determination that any self-insurer has failed to pay on any valid claim within 30 days of its submission or has failed to satisfy any judgment within 30 days after such judgment shall become final, the Commissioner of Insurance shall revoke such insurer's certificate. The Commissioner of Insurance may on reasonable grounds cancel a certificate of self-insurance and is authorized to promulgate rules and regulations prescribing such grounds for the cancellation of such certificates."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker
Y Bannister Y Barfciot Y Bargeron Y Barnes Y Bates
Y Benefield

Y Birdsong Y Bordeaux
Bostick Y Breedlove
Y Brooks, D N 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 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 N Dickinson Y Dix Y Dixon, H
Dixon, S
Y Dobbs

2730

JOURNAL OF THE HOUSE,

Y Ehrhart Y Epps
Evans Y Felton Y Floyd, J.M Y Flovd, J.\V
Y God bee 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
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 E Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein
Y Ladd Y Lakly Y Lane, D Y Lane, H Y Lawrence Y Lawson Y Lee Y Lewis Y Lord
Lucas
Y Maddox Y Mann

Y Martin
Y McBee Y McClinton
McKinney Y Milam
Mills
Y Mobley, B 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 Y Poag Y Polak Y Porter Y Poston Y Powell

Y Purcell, A Y Purcell, B
Randall
N Randolph Ray 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, V
Smith, T Y Smith, V Y Smith, W
Smyre YSnow
Y Stancil, K 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 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 150, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the State Properties Commission to convey to the Georgia Building Authority (Hospital) whatever real property interests the State of Georgia has in that certain real property known as Central State Hospital Water Treatment Facility, located in the City of Milledgeville, Baldwin County; to authorize the State Properties Commission to convey to the Georgia Building Authority (Hospital) whatever real property interests the State of Georgia has in the easements appurtenant to the Central State Water Treatment Plant Facility; to confirm that title to the said real property is in the Georgia Building Authority (Hospital); to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, by deed dated January 23, 1967, and subsequently by a corrective deed dated February 2, 1972, the State of Georgia conveyed certain property to the Georgia Building Authority (Hospital) for the purpose of constructing thereon a water treatment plant in connection with Central State Hospital; and
WHEREAS, neither of the aforementioned deeds explicitly conveyed to the Georgia Building Authority (Hospital) the easements appurtenant to Central State Hospital Water Treatment Plant; and
WHEREAS, the real property conveyed under the aforementioned deeds contains various improvements the title of which should be in the Georgia Building Authority (Hospital).
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, MARCH 16, 1994

'2731

Section 1. That the State of Georgia, acting by and through its State Properties Commission, may convey, by quit claim deed, to the Georgia Building Authority (Hospital) whatever real property interests, including but not limited to all improvements, fixtures, buildings, structures, plants, trees, and shrubbery, that the State of Georgia may now have in that certain real property known as Central State Hospital Water Treatment Facility located in the City of Milledgeville, Baldwin County.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, may convey, by quit claim deed, to the Georgia Building Authority (Hospital) whatever real property interests that the State of Georgia may now have in the easements appurtenant to the Central State Hospital Water Treatment Facility.
Section 3. That the above-referenced conveyances are being made for the sole purpose of confirming that title to said real property and appurtenant easements are in the Georgia Building Authority (Hospital).
Section 4. That all such conveyances shall be recorded by the grantee in the superior court of the appropriate county and a recorded copy shall be forwarded to the State Properties Commission.
Section 5. That the Department of Human Resources and the State Properties Commission are authorized and empowered to do all acts and things necessary and proper to effect the disposition of said property.
Section 6. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. That all laws and parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe
Y Atkins Y Bailev Y Baker Y Bannister Y Barfuot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux
Bostick Y Breedlove
Y Brooks. D Y Brooks, T Y Brown Y Buck
Y Buckner
Bunn
Y Burkhalter Y Byrd
Y Campbell Y Canty
Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers

Y Clark Y Coker Y Coleman, B Y Coleman, T Y Colwell
Connell
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
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 Hugley
Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J
E Johnston Y Jones Y Joyce
Kaye Kinnamon Y Klein Y Ladd Y Lakly Y Lane, U 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 E Oliver Y O'Neal
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
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 Y Snow Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague

2732

JOURNAL OF THE HOUSE,

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 adoption of the Resolution, by substitute, the ayes were 157, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 711. By Senators Perdue of the 18th and Hill of the 4th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong 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 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
Y Dobbs Y Ehrhart Y Epps
Evans Y Felton
Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden Y Goodwin
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
Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce
Y Kaye Kinnamon
Y Klein Y Ladd Y Lakly Y Lane, D
Y Lane, K 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
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
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 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 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Supplemental Rules Calendar was read and adopted:

WEDNESDAY, MARCH 16, 1994

2733

HOUSE RULES CALENDAR WEDNESDAY, MARCH 16, 1994
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 16, 1994, by adding the following:
SB 412 Evidence; photographs, movies, videos, recordings; admissibility SB 443 Mental health; transportation of certain patients SB 454 Public school employees; health insurance; premiums SB 455 Superior Court Clerks Training Council; amend provisions SB 462 Handicapped parking monitors; interference with; penalties SB 492 Child abuse protocol; adoption by judicial circuit committee
SR 385 Local gov incurring cert debt without referendum; prohibit CA
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /si Lee of the 94th
Chairman

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substituting the same:

SB 710. By Senators Perdue of the 18th and Hill of the 4th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to provide that no program or project started with lottery proceeds shall be continued with funds from the general fund.

Representative Watson of the 139th moved that the House recede from its position in insisting on substituting SB 710.
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
Bostick Y Breedlove
Brooks. U
Y Brooks, 'I' Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty
Carlisle
Y Carrell
Y Carter

Y Cauthorn
Y Charobless Y Chandler Y Channel! Y Childers Y Clark Y Coker
Coleman. B Y Coleman, T Y Colwell Y 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
Y Evans
Y Felton

Y Floyd. J.M
Y Floyd, J.VV Y Godbee Y Golden Y Goodwin
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
Jenkins
Y Johnson, D.H

Y Johnson. F,
Y Johnson, G Y Johnson, J E 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
McKinney
Y 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
Patten Y Pelote Y Perry Y Pinholster
Y Poag Polak
Y Porter Poston
Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph Y Ray
Reaves
Y Reichert

2734

JOURNAL OF THE HOUSE,

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 Y Smith, V Y Smith, W
Smyre Y Snow Y Stancil, K

Y Stancil. S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas

On the motion, the ayes were 156, nays 0. The motion prevailed.

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 Y Yeargin
Murphy, Spkr

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitutes thereto:

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 evidence.

The following Senate amendment was read:

Amend HB 1228 by striking the words "made by law enforcement officers" from line 4 of page 1.
By striking the words "made by law enforcement" on line 12 of page 1.
By striking the word "officers" on line 13 of page 1.
By striking the words "law enforcement officer" on line 19 of page 1.

Representative Klein of the 34th moved that the House disagree to the Senate amendment to HB 1228.
The motion prevailed.

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 Annotated, relating to the return of certain personal property for ad valorem taxation, 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.

The following Senate substitute was read:

A BILL
To amend Code Section 48-5-16 of the Official Code of Georgia Annotated, relating to the return of certain personal property for ad valorem taxation, so as to define certain terms; to provide that aircraft which has its primary home base in a county other than the county of the owner's residence in any calendar year shall be returned in that county; to provide for matters related thereto; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 16, 1994

2735

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-16 of the Official Code of Georgia Annotated, relating to the return of certain personal property for ad valorem taxation, is amended by inserting at the end thereof the following:
"(e) (1) As used in this subsection, the term: (A) 'Aircraft' means any contrivance used or designed for navigation through the
air; provided, however, that such term does not include commercial airliners. (B) 'Primary home base' means an airport where an aircraft is principally
hangered or tied down and out of which its flights normally originate. (2) Any person who owns tangible personal property in the form of an aircraft which has its primary home base in a county in this state other than the county in which such person maintains a permanent legal residence shall return such property for taxation to the tax commissioner or tax receiver of the county in which such primary home base is located. Such aircraft which does not have a primary home base in a county of this state other than the county in which the owner maintains a permanent legal residence shall be returned for taxation in the manner provided for in Code Section 48-5-11."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Section 3. This Act shall become effective January 1, 1995.

Representative Sherrill of the 62nd moved that the House agree to the Senate substitute to HB 1654.
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 Benefieid Y Birdsong Y Bordeaux
Bustick 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 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 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 E 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 YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCIinton Y McKinney Y Milam Y Mills

On the motion, the ayes were 163, nays 0. The motion prevailed.

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
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
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 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 Y Williams, R Y Yates Y Y'eargin
Murphy, Spkr

2736

JOURNAL OF THE HOUSE,

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 Senate substitute was read:

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 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 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; to amend Code Section 16-12-2 of the Official Code of Georgia Annotated, relating to smoking in public places, so as to prohibit smoking in certain 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; 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 Annotated, relating to offenses involving theft, is amended by adding at the end of Code Section 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 replacement cost value greater than $100.00, including any late fees and penalties, and includes heavy equipment 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 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 presumed 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 follows:
"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 written 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. Code Section 16-12-2 of the Official Code of Georgia Annotated, relating to smoking in public places, is amended by striking subsection (a) thereof and inserting in its place the following:
"(a) A person who smokes tobacco in any form in any of the following public places shall be guilty of a misdemeanor:

WEDNESDAY, MARCH 16, 1994

2737

(1) An enclosed elevator which is used by or open to the public and which is clearly designated by a no-smoking sign;
(2) Any place on a public transportation vehicle which is used by the public and which is clearly designated by a no-smoking sign; or
(3) Any area which is used by or open to the public and which is clearly designated by a no-smoking sign; ] or
(4) Any area which is the real property upon which is operated a day-care center, group day-care home, or family day-care home, as defined in Code Section 49-5-3, during the hours of operation of such facility."
Section 4. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of certain child care facilities, is amended by adding after paragraph (7) of subsection (b) thereof the following:
"(7.1) Persons who operate day-care centers, group day-care homes, or family daycare homes shall post signs prohibiting smoking to carry out the purposes of paragraph (4) of subsection (a) of Code Section 16-12-2."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Dobbs of the 92nd moved that the House agree to the Senate substitute to HB 1358.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Bailey Y Baker Y Bannister
Y Barfool Y Bargeron Y' Barnes
Y Bates Y Benetield Y Birdsong Y Bordeaux
Bostick Y Breedluve Y Brooks. D Y Brooks. T Y Brown Y Buck Y Buckner Y Bunn
Y Burkhaker Y Byrd Y' Campbell Y Canty
Carlisle Y Carrell Y Carter
Y Cauthnrn
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 Culhreth Y Cummings Y Davis, G
Y Davis, M Y Dickinson Y' Dix N Dixon, H Y Dixon. S Y Dobbs Y Ehrhart Y Epps
Evans Y Felton Y Flovd, J.M Y Floyd, J.W
Y Godbee Y Golden Y Goodwin
Greene
Y Groover Hammond 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
Jenkins
Johnson, D.H Y' Johnson, E Y7 Johnson, G N Johnson, J E Johnston
Jones Y Joyce Y Kaye Y" Kinnamon
Klein Y Ladd N Lakly
Y Lane, D Y Lane, K Y Lawrence Y' Lawson
Y Lee Y Lewis Y Lord
Lucas
N Maddox
Y Mann
Y Martin
Y McBee
Y McClinton
McKinney N Milam N Mills

On the motion, the ayes were 147, nays 8. The motion prevailed.

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
Patten Y- Pelote Y Perry Y Pinholster Y Poag \ Polak Y Porter Y Poston
Powell
Y Purcell, A Y Purcell, B
Randall Y Randolph
Y Ray Y' Reaves N Reichert
Y- Roberts
Y Royal
Scoggins
Y Shanahan
Y Sherrill
Y Shipp
Y Simpson Y' Sinkt'ield 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 Y Thomas Y Tillman Y Titus
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

2738

JOURNAL OF THE HOUSE,

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 elementary and secondary schools, so as to provide for legislative intent; to provide for a uniform grading system for certain purposes.

The following Senate substitute was read:

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 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 school system shall adopt the following reporting system for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:
(1) A final grade average of at least an 80 numeric average, provided the student is in a college preparatory curriculum; or
(2) A final grade average of at least an 85 numeric average, 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 eligibility 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 enrollment 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 Godbee of the 145th moved that the House agree to the Senate substitute to HB 1326.
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
Bargenm Y Barnes Y Bates Y Benet'ield Y 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 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
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.VV 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 Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson
Y Jenkins

WEDNESDAY, MARCH 16, 1994

2739

Y Johnson, D.H Y -Johnson, E Y Johnson, G Y Johnson, J E Johnston
Jones Y Joyce
Kaye Y Kinnamon
Klein
Y Ladd Y Lakly Y Lane, I)
Y Lane, K Y Lawrence Y Lawson Y Lee Y Lewis Y Lord Y Lucas

Y Maddox Y Mann Y Martin Y McBee Y McClintun
McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J
Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock
Y Padgett E Parham Y Parrish
Patten

Y Pelote Y Perry Y Pinholster
Poag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A
Purcell. B Y Randall Y Randolph
Y Ray Reaves
Reichert Y Roberts Y Royal Y Scoggins
Y Shanahan Y Sherrill

On the motion, the ayes were 159, nays 0. The motion prevailed.

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, VY 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 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

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker: The Senate insists on its amendment to the following Bill of the House:

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 evidence.

The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committee of Conference thereon:

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 provide for an appointing authority and a proposed area of operation.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 618

The Committee of Conference on SB 618 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 618 be adopted.
Respectfully submitted,

2740

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Harold J. Ragan Senator, llth District
/s/ Nadine Thomas Senator, 10th District
/s/ Loyce W. Turner Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roger Byrd Representative, 170th District
/s/ Sonny Dixon Representative, 150th District
/s/ Theo Titus, III Representative, 180th District

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 provide for an appointing authority and a proposed area of operation; to provide for approval of the area of operation; to provide for the appointment of commissioners and their terms, officers, quorum, and removal from office and filling of vacancies; to provide for the exercise of eminent domain; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the recognition of American Indian tribes by the General Assembly; to provide for the adoption of criteria; to provide that state recognition does not authorize gambling; to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Department of Archives and History, so as to remove certain powers and duties 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 remove the recognition of American Indian tribes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, is amended by adding, immediately following Code Section 8-3-4, a new Code section to be designated Code Section 8-3-4.1, to read as follows:
"8-3-4.1. (a) For each Indian tribe recognized by the state pursuant to Code Section 28-11-1, there is created a public body corporate and politic to be known as the 'housing authority' of such Indian tribe. Except as otherwise provided by this article, a housing authority created pursuant to this Code section shall have all the powers, duties, rights, and functions specified for housing authorities created pursuant to Code Section 8-3-4. The commissioners of such a housing authority shall be subject to the provisions of this article applicable to the commissioners of a housing authority created pursuant to Code Section 8-3-4, except as otherwise provided in this article.
(b) Housing authorities created by subsection (a) of this Code section shall not transact business or exercise powers granted by this article until activated. A tribal council or other representative body of a tribe shall activate a housing authority created by this Code section by passing a resolution which shall specify: (1) the proposed area of operation for such authority; and (2) the appointing authority of the tribe which shall appoint members of the housing authority. The appointing authority named in the resolution required by this subsection shall be authorized to exercise all appointing and other powers with respect to the housing authority that are vested in the mayor or other governing authority of municipal corporations by this article. The proposed area of operation for such an authority shall be all or part of the geographic area in which members of the tribe have been historically present. Such an area may include all or parts of more than one county. Historical presence shall be shown by documentary evidence, including maps, records, or other documents, from governmental or other reliable sources, or by sworn statement. The proposed area of operation shall become effective only upon

WEDNESDAY, MARCH 16, 1994

2741

approval of the State Office of Housing, which shall evaluate the proposed area of operation in regard to the state housing goal prepared pursuant to Code Section 8-3-171 and other active housing authorities.
(c) The appointing authority shall appoint seven commissioners who shall be members of the tribe or organization. Holding of any tribal office shall not bar appointment of any such tribal member to the housing authority. No person shall be barred from serving as a commissioner because he or she is a tenant or home buyer in a housing authority project.
(d) The initial commissioners appointed pursuant to this Code section shall serve terms as follows: two commissioners shall serve terms of one year; two commissioners shall serve terms of two years; two commissioners shall serve terms of three years; and one commissioner shall serve a term of four years. Thereafter, commissioners shall serve terms of four years and may serve an unlimited number of terms. In the event of a vacancy on the authority, the appointing authority shall appoint a successor to fill the unexpired term.
(e) The authority shall select from among its members a chairperson, a vice chairperson, a secretary, and a treasurer. No member shall hold two offices upon the authority. The chairperson shall preside at meetings of the authority. The vice chairperson shall preside in the absence of the chairperson. In the absence of both the chairperson and vice chairperson, the secretary shall preside.
(f) The appointing authority may remove any member of the housing authority for neglect of duty, inefficiency, or misconduct in office, but only after a hearing before the housing authority and only after such member has been given a written notice of the charges at least ten days prior to the hearing. At such hearing, the member shall have the opportunity to be heard in person or by counsel and to present witnesses on his or her behalf.
(g) Four members shall constitute a quorum for the conduct of business of the authority. A member who is unable to attend a meeting in person may present, in writing, a dated and signed voting proxy to a designated representative who shall attend the meeting and act in his or her place.
(h) Any real property located on an Indian reservation which is required by a housing authority created by this Code section for providing housing shall be leased to the housing authority by the respective tribal governing body upon such lawful terms as shall be agreeable to the parties.
(i) A housing authority created and activated pursuant to this Code section shall exercise its power of eminent domain in consultation with the county governing authority."

Section 2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by inserting a new chapter, to be designated Chapter 11, and to read as follows:

"CHAPTER 11

28-11-1. (a) The State of Georgia officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities:

(1) The Georgia Tribe of Eastern Cherokee P. O. Box 1993 Dahlonega, Georgia 30533;

(2) The Lower Muscogee Creek Tribe

^

Route 2, Box 370

k>

Whigham, Georgia 31797; and

(3) The Cherokee of Georgia Tribal Council Saint George, Georgia 31646.

(b) The General Assembly may recognize tribes, bands, groups, or communities other than those stated in subsection (a) of this Code section as the General Assembly deems

2742

JOURNAL OF THE HOUSE,

appropriate, based on criteria adopted by the Georgia Council on American Indian Concerns on or before December 31, 1994.
(c) Nothing contained in this Code section shall authorize gambling on Indian lands."
Section 3. Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Department of Archives and History, is amended by repealing in its entirety Code Section 45-13-42, relating to duties of the department with respect to Indians.
Section 4. Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the protection of American Indian human burial remains and burial objects, is amended by striking Part 3, relating to recognition of American Indian tribes, which reads as follows:
"44-12-300. (a) The State of Georgia officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities:
(1) The Georgia Tribe of Eastern Cherokee P. 0. Box 1993 Dahlonega, Georgia 30533;
(2) The Lower Muscogee Creek Tribe Route 2, Box 370 Whigham, Georgia 31797; and
(3) The Cherokee of Georgia Tribal Council Saint George, Georgia 31646.
(b) The General Assembly may recognize tribes, bands, groups, or communities other than those stated in subsection (a) of this Code section as the General Assembly deems appropriate."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Byrd of the 170th moved that the House adopt the report of the Committee of Conference on SB 618.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe
Y Atkins
Y Bailey
Y Baker
N Bannister
Y Bariool Y Bargeron Y Barnes
Y Bates
N Benetield
Y Birdsong
Y Bordeaux Bostick Breedlove
N Brooks. D Y Brooks. T Y Brown
Buck ^ Y Buckner Y Bunn N Burkhalter
Y Byrd Y Campbeli Y Canty
Carlisle Y Carrell Y Carter N Cauthorn

Chamhless
Y Chandler
N Channell
Y Childers
Y Clark
Y Coker Y Coleman, B N Coleman, T
Y Colwell
Y Connell
Y Cox
N Crawford Y Crews
Culbreth
Y Cummings Y Davis, G
Davis, M
Y Dickinson Y Dix Y Dixon, H Y Dixon, S
Y Dobbs N Ehrhart Y Epps N Evans Y Felton Y Floyd, J.M Y Floyd. JAY

Y Oodhee
Y Golden
Y Goodwin
Greene
Groover
N Hammond Hanner 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 N Irvin "
Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J

E Johnstnn
Jones
N Joyce
N Kaye
Y Kinnamon
Y Klein N Ladd N Lakly
Y Lane, D
Y Lane, R
N Lawrence
Y Lawson N 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 Moblev, J N Moore Y Mosley

N Mueller
E Oliver
Y O'Neal
Orrock
Y Padgett
E Parham N Parrish
Patten
Y Pelote
Y Perry
Y Pinholster
Y Poag Y Polak Y Porter
N 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 N Shanahan Y Sherrill

WEDNESDAY, MARCH 16, 1994

2743

Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, L N Smith, 1J Y Smith, T

N Smith. V
N Smith, W
Smyre
Y Snow Y Stancii, K N Stancii, S Y Stanley, L Y Stanley, P

N Stephenson Streat
Y Taylor Y Teague N Teper
Y Thomas Y Tillman Y Titus

Y Towery
Y Trense
Y Turnquest 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 motion, the ayes were 120, nays 38. The motion prevailed.

Representative Ladd of the 59th moved that the House reconsider its action in adopting the Committee of Conference report on SB 618.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe N Atkins Y Bailey
N Baker
Y Bannister
Y Bartoot
Bargeron
Y Barnes
Bates
Y Benefield
Y Birdsong
Y Bordeaux Bostick
Y Breedlove Y Brooks. D N Brooks. T N Brown Y Buck N Buckner N Bunn
Y Burkhalter
N Byrd
Y Campbell
N Canty
Y Carlisle
Y Carrell N Carter Y Cauthorn Y Chambless N Chandler Y Channel! Y Childers N Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell N Connell
N Cox
Y Crawford
Crews Y Culbreth N Cummings
Y Davis, G N Davis, M Y Dickinson Y Dix N Dixon, H N Dixon, S
Dobbs Y Ehrhart Y Epps
Y Evans
Y Felton
Y Flovd, J.M N Floyd, J.W Y Godbee N Golden Y Goodwin
Greene Y Groover
Y Hammond
Y Hanner
Harris, B
Y Harris, M
YHart
N Heard
N Hegstrom
N Hembree
N Henson
Y Holland
N Holmes

N Howard
N Hudson N Hughes Y Hugley
Y Irvin N James
N Jamieson
Y Jenkins
N Johnson, D.H
N Johnson, E Y Johnson, G Y Johnson, J
E Johnston
Y Jones
Y Joyce Y Kaye
N Kinnamon Y Klein YLadd Y Lakly Y Lane, D
N Lane, R
Y Lawrence Y Lawson Y Lee Y Lewis
N Lord Y Lucas Y Maddox
Y Mann
N Martin Y McBee N McClinton
McKinney N Milam Y Mills

On the motion, the ayes were 88, nays 75. The motion prevailed.

N Moblev. B Y Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal
Orrock
N Padgett
E Parham
Y Parrish
Patten
N Pelote
Y Perry
Y Pinholster
N Poag Y Polak N Porter
Poston N Powell
N Purcell, A
N Purcell, B
N Randall
N Randolph Y Ray N Reaves Y Reicherl N Roberts N Royal N Scoggins Y Shanahan N Sherrill N Shipp N Simpson N Sinkiield N Skipper

N Smith. C Y Smith, L Y Smith, P
N Smith, T
Y Smith, V
Y Smith, W
Y Smyre
N Snow
Y Stancii, F Y Stancii, S
N Stanley, L N Stanley, P
Y Stephenson
N Streat Y Taylor N Teague Y Teper
Thomas N Tillman
N Titus
Y Towery
N Trense
N Turnquest Twiggs
Y Vaughan Y Walker N Wall N Watson
Y Watts Y Westmoreland N White N Williams, B N Williams, R
Y Yates
N Yeargin
Murphy, Spkr

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.

The following report of the Committee of Conference was read:

2744

JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON HB 800

The Committee of Conference on HB 800 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 800 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/a/ Terrell A. Starr Senator, 44th District

/s/ Curtis S. Jenkins Representative, 110th District

/s/ Sonny Perdue Senator, 18th District

/s/ Roy H. Watson, Jr. Representative, 139th District

/s/ Steve Henson Senator, 55th District

/s/ Larry Smith Representative, 109th District

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 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 Section 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 $2,500.00. 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 during a calendar year which require a certificate for lawful operation under this chapter so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $1,250.00; (2) Level two license. (A) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $1,500.00.
(B) In the event such owner acquires a sixty-first 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 $1,000.00; or (3) Level three license. For 61 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 shall be tied- te
trie 9t>fite 90.169 fl.HQ USe tQX FfitC Or 4 percent QflQ 9fl9li
oy trie commissioner IT tfic STdte sciics find use tsx Fste mcresscs. 1 ns license fee levied by this chapter shall be collected by the commissioner on an annual

WEDNESDAY, MARCH 16, 1994

2745

basis, provided that an owner may purchase a six-month master license during the calendar year for $1,760.00 $175.00 for a level one license, $1,050.00 for a level two license, or $1,750.00 for a level three 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 Section 48-17-9, relating to permit fees and stickers, and inserting in its place a new subsection (a) to read as follows:
"(a) Every owner, except an owner holding a coin operated machine solely for personal 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 $25.00 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 $25.00 payment for each coin operated machine. T-he $16.00 fee per bena fide eew operated amuse-
incrcaacd in a proportionate amount by the commissioner if- auch 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, relating 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 during the calendar year, the $16.00 $25.00 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. An Act amending Title 48 of the Official Code of Georgia Annotated providing for the comprehensive regulation and licensure of bona fide coin operated amusement 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.

Representative Simpson of the 101st moved that the House adopt the report of the Committee of Conference on HB 800.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Y Baker N" Bannister
Y Barfoot

Y Bareron Y Barnes Y Bates
Benefield Y Birdsong
Y Bordeaux

Bostick Y Breedlove Y Brooks, D
Y Brooks, T Y Brown
Y Buck

YT Buckner Y" Bunn Y Burkhalter
Y Byrd Y Campbell
Y Canty

Carlisle Y' Carrell Y Carter
Y Cauthorn Y Chambless
Y Chandler

2746

JOURNAL OF THE HOUSE,

Y Channell
Y Childers Y Clark Y Coker Y Coleman, B
Y Coleman, T Colwell
Y Connell
Y Cox
Y Crawf'ord Y Crews Y Culbreth Y Cummings Y Davis, C N 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
Greene

Y Groover
Y Hammond Manner Harris, B
Y Harris, M
Hart Y Heard
Hegstrom
Y Hembree
Y Henson Y Holland Y Holmes
Howard Y 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 E Johnston
Y Jones
N Joyce N Kaye
Y Kinnamon
Y Klein

Y Ladd
Y Lakly Y Lane, D Y Lane, R Y Lawrence
Y Lawson Y Lee N Lewis
Y Lord
Y Lucas Y 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 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 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
N Smith, V
Y Smith, W

Y Smyre
Sno'w 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 N Westmorland Y White
Y Williams, B
Y Williams, R Y Yates
Y Yeargin
Murphy, Spkr

On the motion, the ayes were 149, nays 10. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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 Assembly; to create the Office of Sensory Affairs; to provide for a director and such official's appointment and powers and duties; to provide for recommendations and an annual report.

Representative Mueller of the 152nd moved that the House adhere to its position in amending SB 521 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 Mueller of the 152nd, Carter of the 166th and Harris of the 112th.

The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committee of Conference thereon:

HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th, White of the 161st, Hembree of the 98th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.

WEDNESDAY, MARCH 16, 1994

2747

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 492

The Committee of Conference on HB 492 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 492 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/a/ Jack Hill Senator, 4th District

/s/ Anne Mueller Representative, 152nd District

/s/ Richard 0. Marable Senator, 52nd District

/s/ Sonny Dixon Representative, 150th District

/s/ Sallie Newbill Senator, 56th District

/s/ Ann R. Purcell Representative, 147th District

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; 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 provisions providing exceptions to the transfer of functions to the Professional Standards Commission; to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is valuable for the education of blind students; to provide for an evaluation of skills; to provide for exceptions; to provide for elements of an individualized education program; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding at the end a new Code section to read as follows:
"20-2-189. (a) As used in the Code section, the term 'migrant student' means a child who is a student in a public school and who has, within 12 months prior to first becoming a student in such school, moved across state or school district lines with a migrant parent or guardian to enable the child, the child's parent or guardian, or a member of the child's immediate family to obtain temporary or seasonal employment in an agricultural or fishing activity.
(b) The State Board of Education shall provide grants to qualified local units of administration for the purpose of supplementing services and instruction to currently enrolled migrant students. A local unit of administration shall not be eligible for such grant for any school thereof unless the number of migrant students enrolled in such school is at least 20 or equals at least 5 percent of the latest full-time equivalent program count for such school, whichever is greater. The State Department of Education by regulation shall establish the manner in which a local unit of administration must demonstrate that any of its schools meets the eligibility requirements of this subsection.
(c) Grants under this Code section shall be subject to appropriation by the General Assembly. The grant amount for a local unit of administration to be used for a school

2748

JOURNAL OF THE HOUSE,

thereof under this Code section shall be determined by multiplying the total appropriation for such grants by a fraction, the numerator of which is the number of eligible migrant students in that school and the denominator of which is the total number of eligible migrant students in all local units in the entire state. At least 90 percent of the grant funds received by a local unit under this Code section shall be used for direct program expenditures at the school for which the grant is computed under this subsection. Any portion of that 90 percent not so expended shall be returned to the State Department of Education."
Section 2. 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, is amended by striking subsection (b) thereof and inserting in its place the following subsection:
"(b) It is the intent of this part to transfer to the Professional Standards Commission all functions previously performed by the state board with regard to certification and all functions related thereto, except with regard to public librarians tat4 those functions associated by the development atd administration ef th teacher certification

Section 3. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by adding a new chapter to be designated Chapter 7 to read as follows:
"CHAPTER 7
30-7-1. This chapter shall be known and may be cited as the 'Blind Persons' Literacy Rights and Education Act.'
30-7-2. As used in this chapter, the term: (1) 'Blind student' means an individual who is eligible for special education ser-
vices and who: (A) Has a visual acuity of 20/200 or less in the better eye with correcting lenses
or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than 20 degrees; or
(B) Has a medically indicated expectation of visual deterioration. (2) 'Braille' means the system of reading and writing through touch commonly known as standard English Braille. (3) 'Individualized education program' means a written statement developed for a student eligible for special education services pursuant to Section 602(a)(20) of Part A of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1401(a)(20). 30-7-3. (a) Each blind student must be identified and, if appropriate, offered an individualized education program in consultation with a parent or legal guardian. While Braille is not required, it is presumed that Braille reading and writing are valuable skills and as needed are to be considered in the student's transition plan. (b) No child who is blind may be denied the opportunity to receive instruction in Braille reading and writing if the child has the ability to read and write print. (c) Each blind student shall be evaluated to determine the need for Braille skills. The purpose of the evaluation shall be to determine the appropriate reading and writing media for the individual child. (d) Nothing in this Code section shall require the inclusion of Braille in a blind student's individualized education program. 30-7-4. (a) Instruction in Braille reading and writing shall be sufficient to enable each blind student to communicate effectively and efficiently with the same level of proficiency expected of the student's peers of comparable ability and grade level. (b) For a student whose visual impairment affects the student's reading and writing performance in relation to the student's ability such that Braille instruction and use are indicated, an individualized education program shall include the following: (1) The results obtained from the evaluation required under Code Section 30-7-3;

WEDNESDAY, MARCH 16, 1994

2749

(2) How instruction in Braille will be implemented as the primary mode for learning through integration with other classroom activities;
(3) The date on which Braille instruction will commence; (4) The length of the period of instruction and the frequency and duration of each instructional session; and (5) The level of competency in Braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used, (c) For a student whose reading and writing performance is evaluated as commensurate with the student's ability despite visual impairment so that Braille instruction and use are not required for the student's individualized education program, the minutes of the individualized education program meeting shall include a statement which documents that the absence of Braille instruction or use will not impair the student's ability to read and write effectively."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Mueller of the 152nd moved that the House adopt the report of the Committee of Conference on HB 492.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker N Bannister N Barfoot Y Bargeron Y Barnes N Bates Y Benefield Y Birdsong N Bordeaux
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 Carlisle Carrell
N Carter Y Cauthorn Y Chambless N Chandler N Channell Y Childers Y Clark Y Coker Y Coleman, B N Coleman, T

Colwell Y Connell YCox Y Crawford N Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M
Dickinson Y Dix Y Dixon, H
Y Dixon, S Y Dobbs N Ehrhart Y Epps
Evans Y Pelton Y Floyd, J.M N Floyd, J.W
Y Godbee N Golden Y Goodwin
Greene Groover Y Hammond
Manner Harris, B Y Harris, M
Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Howard N Hudson N Hughes N Hugley Y Irvin
James Y Jamieson N Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston N Jones Y Joyce
Kaye Y Kinnamon Y Klein
YLadd N Lakly N Lane, D Y Lane, H Y Lawrence N Lawson Y Lee Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Martin Y McBee N McClinton
McKinney Milam N Mills

N Mobley. B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver
Y O'Neal N Orrock
Y Padgett E Parham N 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 N Randolph Y Ray Y Reaves N Reichert
Y Roberts Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Y Sinkfield Y Skipper

Y Smith. C N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smith, W N Smyre YSnow
N Stancil, F Stand), S
Y Stanley, L N Stanley, P N Stephenson
Streat N Taylor N Teague N Teper Y Thomas Y Tillman Y Titus
Towery
Y Trense Y Turnquest Y Twiggs Y Vaughan N Walker N Wall
N Watson N Watts N Westmoreland Y White Y Williams, B Y Williams, R Y Yates
Yeargin Murphy, Spkr

On the motion, the ayes were 109, nays 44. The motion prevailed.

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 Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Early County.

2750

JOURNAL OF THE HOUSE,

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1715

The Committee of Conference on HB 1715 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1715 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Loyce W. Turner Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bates Representative, 179th District

/s/ Steve Farrow Senator, 54th District

/s/ Cathy Cox Representative, 160th District

/s/ Harold J. Ragan Senator

Gerald Greene Representative, 158th District

A BILL
To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Early County; 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 that in counties having a population of not more than 50,000 superior court proceedings may be held in places other than the courthouse; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, is amended by striking subparagraph (B) of paragraph (31) of said Code section and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Early County Third Monday Tuesday in January and third Monday in July."
Section 2. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, 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 conditions and limitations:

WEDNESDAY, MARCH 16, 1994

2751

(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 session of superior court to be so held outside the county site, and such order must incorporate 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 session 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 documents 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 governing authority 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 governing authority 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 is not open to and accessible by the public; provided, further, that no criminal jury trial shall be conducted in such alternate 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 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Cox of the 160th moved that the House adopt the report of the Committee of Conference on HB 1715.
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 Bartoot
Bargeron Y Barnes
Y Bates Y Benefield Y 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

Y Carlisle
Carrell Carter Y Cauthorn Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker 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.VV 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
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 E Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein
YLadd Y Lakly
Y Lane, D Y Lane, H Y Lawrence Y Lawson

YLee 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
Patten

2752

JOURNAL OF THE HOUSE,

Y Pelote V 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. K
Y Stancil, S Y Stanley, L
Y Stanley, P

Y Stephenscm Streat
Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense" Y Turnquesl
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 162, nays 0. The motion prevailed.

SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 31

The Committee of Conference on SB 31 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 31 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Richard 0. Marable Senator, 52nd District

/s/ Larry Walker Representative, 141st District

/s/ Charles C. Clay Senator, 37th District

/s/ Denmark Groover, Jr. Representative, 125th District

/s/ Mary Margaret Oliver Senator, 42nd District

/s/ DuBose Porter Representative, 143rd District

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 16, 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 change the number of alternate grand jurors; to change the provisions relating to reports to grand juries by public officials, officers, employees, and entities and the inspection of public offices and their operations, records, papers, funds, and property by grand juries; to change the provisions relating to presentments by grand juries and the contents and publication thereof; to provide that under certain circumstances a superior court judge who is removed from office as a result of federal court order shall become a special judge of the magistrate court; to provide for the term, compensation, service, and

WEDNESDAY, MARCH 16, 1994

2753

powers and duties of any such special judge of the magistrate court; to change provisions relating to certain property sales and reports thereof; to provide for other matters relating to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-6-85, relating to inspection of the office of the clerk of the superior court by the grand jury and reports thereon, which reads as follows:
"15-6-85. The offices of the clerks of the superior courts are subject to an examination by the grand juries, their committees, or any person whom they may specially empower to report to the same, or to a succeeding grand jury, or to the judge of the superior court. Those examining the offices shall submit in writing the condition thereof and shall specify any neglect of duty or anything done by the clerks which is wrong or corrupt.", and inserting in lieu thereof the following:
"15-6-85. Reserved."
Section 2. Said title is further amended by adding at the end of Code Section 15-10-20, relating to judges of the magistrate courts, a new subsection (i) to read as follows:
"(i) (1) Any person who is holding office on January 1, 1994, as a judge of the superior courts of this state, whether within the term for which elected or appointed or otherwise, and who subsequent to such date and prior to December 31, 1996, is effectively removed from such office by federal court order shall upon such removal become a special judge of the magistrate court as provided for in this subsection. As used in this subsection, the term 'federal court order' shall mean only an order of a federal court which is entered in a civil action challenging under federal law or federal constitutional provisions (or both) the validity of the manner of selection of superior court judges in this state. A person shall be considered as effectively removed from office by such an order if the order by its terms prohibits such person's continued service as a judge of the superior courts without by the terms of the order allowing such person a meaningful opportunity to seek an appointment or election as a judge of the superior courts which would take effect within 30 days following such removal. Nothing in this subsection shall apply with respect to any removal from office resulting from criminal conduct or other malfeasance on the part of the person removed from office.
(2) Any person becoming a special judge of the magistrate court pursuant to this subsection shall become a special judge of the magistrate court of the county in which such person resides. Any such special judge of the magistrate court shall serve for a term of office expiring December 31, 1996. The Governor shall issue to each such special judge of the magistrate court a commission stating the date of commencement and expiration of such term of office.
(3) Any special judge of the magistrate court serving pursuant to this subsection shall have all the same powers and duties as any other judge of such magistrate court.
(4) Any special judge of the magistrate court serving pursuant to this subsection shall be compensated and reimbursed for expenses in such amount or amounts as are now or hereafter provided by law for a judge of the superior courts, such compensation to be payable from state funds in the same manner as now or hereafter provided by law for a judge of the superior courts.
(5) The provisions of this subsection shall control over any other conflicting provisions of this chapter."
Section 3. Said title is further amended by striking Code Section 15-12-61, relating to number of grand jurors, and inserting in its place the following:
"15-12-61. (a) A grand jury shall consist of not less than 16 nor more than 23 persons. The votes of at least 12 grand jurors shall be necessary to find a bill of indictment or to make a presentment. T-we Three alternate grand jurors may be sworn and, subject

2754

JOURNAL OF THE HOUSE,

to the maximum number herein fixed, may serve when any grand juror dies, is discharged for any cause, becomes ill, or is for other cause absent during any sitting. Alternate grand jurors may serve as members of inspection and examination committees with the same authority and responsibilities as grand jurors and without regard to the maximum limitation on the number of grand jurors fixed herein. However, nothing in this Code section shall limit the authority of a judge of the superior court to replace a grand juror.
(b) The grand jury shall be authorized to request the foreman or clerk of the previous grand jury to appear before it for the purpose of reviewing and reporting the actions of the immediately preceding grand jury if the succeeding grand jury determines that such service would be beneficial. While serving a succeeding grand jury, the foreman or clerk of the immediately preceding grand jury shall receive the same compensation as do other members of the grand jury. Any person serving as foreman or clerk of a grand jury and then being requested to report to an immediately succeeding grand jury shall not be eligible to again serve as a grand juror during one year following the conclusion of such earlier service."
Section 4. Said title is further amended by striking Code Section 15-12-71, relating to duties of the grand jury, which reads as follows:
"15-12-71. (a) The duties of a grand jury shall be confined to such matters and things as by the law it is required to perform.
(b) The judge or judges of superior court may by order direct that certain duties of the grand jury shall not be required to be carried out at each term by each grand jury; but any such order shall provide that such duties shall be required to be carried out by at least one grand jury at at least one term of court each year. The effect of any such order shall be to remove the duty of a grand jury to carry out certain inspections as specified by the terms of the order; but no such order shall affect any grand jury's power to conduct any such inspection if the grand jury itself determines that it is advisable that it should do so. The duties of grand juries which may be affected by court order in the manner specified by this subsection shall include:
(1) The duty, as specified by subsection (a) of Code Section 15-12-75, to inspect the offices, records, and operations of the clerk of superior court, district attorney, judge of the probate court, and county treasurer or county depository;
(2) The duty, as specified by Code Section 15-12-78, to inspect the county jail; (3) The duty, as specified by Code Section 36-1-7, to receive and inspect returns of the judge of the probate court, county treasurer, clerk of the superior court, and sheriff; (4) The duty, as specified by Code Section 36-9-10, to inspect county buildings; and (5) The duty, as specified by Code Section 42-4-8, to receive and inspect the sheriffs jail report", and inserting in lieu thereof the following:
"15-12-71. (a) The duties of a grand jury shall be confined to such matters and things as it is required to perform by the Constitution and laws or by order of any superior court judge of the superior court of the county.
(b) (1) The grand jury shall at least once in each calendar year inspect the condition and operations of the county jail. The grand jury shall at least once in every three calendar years inspect and examine the offices and operations of the clerk of superior court, the district attorney, the judge of the probate court, and the county treasurer or county depository.
(2) In addition to the inspections provided for in paragraph (1) of this subsection, the grand jury shall, whenever deemed necessary by eight or more of its members, appoint a committee of its members to inspect or investigate any county office or county public building or any public authority of the county or the office of any county officer, any court or court official of the county, the county board of education, or the county school superintendent or any of the records, accounts, property, or operations of any of the foregoing.

WEDNESDAY, MARCH 16, 1994

2755

(3) The grand jury may prepare reports or issue presentments based upon its inspections as provided for in this subsection, and any such presentments shall be subject to publication as provided for in Code Section 15-12-80.
(4) The grand jury may appoint one citizen of the county to provide technical expertise to the grand jury in connection with inspections provided for in this Code section. Such citizen shall be compensated at the same rate that a grand juror is compensated. (c) Any grand jury or any committee thereof which has undertaken to conduct an inspection or investigation as provided in subsection (b) of this Code section shall have the right to examine any papers, books, records, and accounts, to compel the attendance of witnesses, and to hear evidence. If any public officer, agent, or employee refuses to produce any such papers, books, records, and accounts, any superior court judge of the superior court of the county, upon evidence being adduced, may enforce this Code section by mandamus or attachment as the case may require. If any public officer, agent, or employee fails or refuses to exhibit to the grand jury or its committee the funds on hand or claimed by them to be on hand upon presentation of that fact to any superior court judge of the superior court the judge may by mandamus or attachment compel the delivery of the funds to the grand jury or the committee for the purpose of counting. (d) The judge charging the grand jury shall inform the grand jury of the provisions of subsections (b) and (c) of this Code section."
Section 5. Said title is further amended by striking Code Section 15-12-75, relating to inspection of offices and records of certain county officials by the grand jury, which reads as follows:
"15-12-75. (a) In addition to the duties of the grand jury as indicated in the oath administered to them and as required by law, it shall be their special duty, from term to term of the superior court, to inspect and examine the offices, papers, books, records of, and receipts and disposition of all money arising from fines and forfeitures by the clerk of the superior court, district attorney, and the judge of the probate court and also the books, papers, records, accounts, and vouchers of the county treasurer or depository, as the case may be, and to cause any such clerk, district attorney, judge of the probate court, or county treasurer or depository who has failed or neglected to do his duty as required by law to be presented for nonperformance of official duty.
(b) In making up their general presentments, they shall also take proper notice of the matters brought to their attention by the report and books of the county school superintendent.", and inserting in lieu thereof the following:
"15-12-75. Reserved."
Section 6. Said title is further amended by striking Code Section 15-12-76, relating to appointment of a citizen or citizen committee by the grand jury to examine the offices and records of certain county officials, which reads as follows:
"15-12-76. (a) The grand jury, when they deem it necessary, may appoint as a committee any one or more citizens of the county to inspect and examine the offices, papers, books, records, accounts, and vouchers of the county governing authority, the clerk of the superior court, the county treasurer or depository, the tax collector, the tax receiver, the county school superintendent, the sheriff, and all other county officers. If any of the officers are the custodians of county funds by virtue of their offices or have in their possession funds belonging to the county, they shall exhibit them to the committee. It shall be the duty of the committee to count the same and to make a full and complete report of the finances, disbursements, and conditions of the several offices to the grand jury at the succeeding term of the superior court.
(b) The person or persons so appointed to inspect and examine shall have power to take full control of the offices, papers, books, records, accounts, and vouchers of the several different offices; to compel the attendance of witnesses; and to hear evidence in regard to fraud, the nonperformance of official duty, and the improper disbursement of county funds.

2756

JOURNAL OF THE HOUSE,

(c) If any officers refuse to produce such papers, books, records, accounts, and vouchers, it shall be the duty of the judge of the superior court of the county, upon evidence being adduced, to enforce this Code section by mandamus or attachment, as the case may require. If any officers fail or refuse to exhibit to the committee the funds on hand or claimed by them to be on hand, upon presentation of that fact to the judge of the superior court by the committee it shall be his duty to compel the delivery of the funds to the committee for the purpose of counting the same, by mandamus or attachment.", and inserting in lieu thereof the following:
"15-12-76. Reserved."
Section 7. Said title is further amended by striking Code Section 15-12-78, relating to inspection of county jails, and inserting in its place a new Code section to read as follows:
"15-12-78. Grand juries shall carefully inspect the sanitary condition of the jails of their respective counties at each regular term ef the superior court inspection provided for in Code Section 15-12-71 and in their general presentments shall make such recommendations to the county governing authorities as may be necessary to provide for the proper heating and ventilation of the jails, which recommendations the county governing authorities shall strictly enforce. The grand juries shall also make such presentments as to the general sanitary condition of the jails and the treatment of the inmates as the facts may justify."
Section 8. Said title is further amended by striking Code Section 15-12-79, relating to inspection of public buildings, property, and records and reports thereon, which reads as follows:
"15-12-79. The first or second grand jury impaneled in each calendar year shall inspect all the public buildings and other property of the county and the county records and shall report their condition in the general presentments. There shall be only one such inspection in a calendar year unless the inspecting grand jury or a grand jury impaneled later in the same year deems it necessary to inspect the property more than once during the same year.", and inserting in lieu thereof the following:
"15-12-79. Reserved."
Section 9. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subsection (b) of Code Section 16-10-6, relating to the sale of real or personal property to a political subdivision by a local officer or employee, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Subsection (a) of this Code section shall not apply to: (1) Sales of personal property of less than $200.00 per calendar quarter; (2) Sales of personal property made pursuant to sealed competitive bids made by
the employee, appointive officer, or elective officer, either for himself or herself or on behalf of any business entity; or
(3) Sales of real property in which a disclosure has been made: (A) To the grand jvtry ef judge of the probate court of the county in which the
purchasing political subdivision is wholly included or, if not wholly included in any one county, to the grand jwy ef judge of the probate court of any county in which the purchasing political subdivision is partially included and which shall have been designated by the purchasing political subdivision to receive such disclosures! provided that if the sale is made by the judge of the probate court, a copy of such disclosure shall also be filed with any superior court judge of the superior court of the county;
(B) At least 15 days prior to the date the contract or agreement for such sale will become final and binding on the parties thereto;
(C) Which shows that an employee, appointive officer, or elective officer of an employing political subdivision or agency thereof has a personal interest in such sale, which interest includes, without being limited to, any commission, fee, profit,

WEDNESDAY, MARCH 16, 1994

2757

or similar benefit and which gives the name of such person, his or her position in the political subdivision or agency, the purchase price, and location of the property."
Section 10. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-2-112, relating to annual reports by county school superintendents to grand juries and inspection of books, which reads as follows:
"20-2-112. It shall be the duty of the county school superintendent to make a report of the school operations of the preceding fiscal year to the grand jury at the fall term of the superior court and to place his books before them for examination; and in making up the general presentments it shall be the duty of the jury to take proper notice of the matters thus brought to their attention.", and inserting in lieu thereof the following:
"20-2-112. Reserved."
Section 11. Said title is further amended by striking Code Section 20-2-394, relating to information in reports to grand juries, which reads as follows:
"20-2-394. At the opening term of the superior court of each county where money has been borrowed by the county board of education under this part, the county school superintendent shall include in his report to the grand jury the amount of money so borrowed during the preceding year, from whom borrowed, the rate of interest paid, the date or dates the money was borrowed, and when paid back.", and inserting in lieu thereof the following:
"20-2-394. Reserved."
Section 12. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-9-10, relating to inspection of county buildings, property, and records by the grand jury, which reads as follows:
"36-9-10. It shall be the duty of the grand juries to inspect all the public buildings and other property of the county and the county records and to report in their general presentments their condition.", and inserting in lieu thereof the following:
"36-9-10. Reserved."
Section 13. Section 2 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without such approval. Section 1 and Sections 3 through 12 of this Act shall become effective July 1, 1994.
Section 14. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that the House adopt the report of the Committee of Conference on SB 31.
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 Barioot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsmic Y Bordeaux
Bostick Y Breedlove Y Brooks. D N 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 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
Harris, B Y Harris, M Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland N 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 E Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence

2758

JOURNAL OF THE HOUSE,

Lawson
YLee Y Lewis Y Lord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Miiam
Y Mills Y Mobley, B
Y Moblev, 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 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
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

On the motion, the ayes were 163, nays 3. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.

Representative Purcell of the 147th moved that the House insist on its position in disagreeing to the Senate amendment to HB 710 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 Purcell of the 147th, Hammond of the 32nd and Hudson of the 156th.

The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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.

Representative Snow of the 2nd moved that the House recede from its position in disagreeing to the Senate amendment to HR 921.
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 Bostick Y Breedlove Y Brooks, D

Brooks. T Y Brown YBuck Y Buckner Y Bunn

Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle

WEDNESDAY, MARCH 16, 1994

2759

Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T
Colwell Y Connell
Y Cx Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, C Y Davis, M Y Dickinscm
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 Godhee Y Golden Y Goodwin
Greene Y Groover Y Hammond Y Manner
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 Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E 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 E Oliver Y O'Neal
Y Orrock Y Padgett E Parham

On the motion, the ayes were 160, nays 0. The motion prevailed.

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 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
Stephenson Y Streat Y Taylor Y Teague Y Teper
Y Thomas 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

The following Bill of the Senate was taken up for the purpose of considering the report of the second Committee of Conference thereon:

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 provide a statement of legislative intent.

The following report of the second Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 396

The Committee of Conference on SB 396 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 396 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ David Scott Senator, 36th District

/s/ L. Charles Watts Representative, 26th District

/s/ Charles C. Clay Senator, 37th District

/s/ Matt Towery Representative, 30th District

/s/ Jack Hill Senator, 4th District

/s/ Sharon Trense Representative, 44th District

2760

JOURNAL OF THE HOUSE,

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 require moments of quiet reflection at the opening of school upon every school day; to provide a statement of legislative intent; to provide that the provisions of such Code section shall not prohibit certain activity; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly finds that in today's hectic society, all too few of our citizens are able to experience even a moment of quiet reflection before plunging headlong into the day's activities. Our young citizens are particularly affected by this absence of an opportunity for a moment of quiet reflection. The General Assembly finds that our young, and society as a whole, would be well served if students were afforded a moment of quiet reflection at the beginning of each day in the public schools.
Section 2. Code Section 20-2-1050 of the Official Code of Georgia Annotated, relating to moments of silence in public schools, is amended by striking that Code section in its entirety and inserting a new Code section to read as follows:
"(a) In each public school classroom, the teacher in charge stay er; if so authorized f directed oy tiic DOQ.FQ of cducfltion oy wrucn ftc is cmJMoycdy srifliij st tiie opening of school upon every school day, conduct a brief period of silent prayer er meditation quiet reflection for not more than 60 seconds with the participation of all the pupils therein assembled.
(b) The silent prayer er meditation moment of quiet reflection authorized by subsection (a) of this Code section is not intended to be and shall not be conducted as a religious service or exercise but shall be considered as an opportunity for ailcnt prayer er meditation e a religious theme by those whe are se disposed er a moment of silent reflection on the anticipated activities of the day."
Section 3. Said Code section is further amended by inserting at the end thereof the following:
"(c) The provisions of subsections (a) and (b) of this Code section shall not prevent student initiated voluntary school prayers at schools or school related events which are nonsectarian and nonproselytizing in nature."
Section 4. If any portion of this bill is found to be unconstitutional, it shall be stricken and the remaining portions of this bill shall remain in full force and effect as if the stricken portion had not been enacted.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Towery of the 30th moved that the House adopt the second report of the Committee of Conference on SB 396.
On the motion, 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 Benelield Y Birdsong N Bordeaux
Bostick Y Breedlove Y Brooks. I)

N Brooks. T Y Brown Y Buck Y Buckner
Y Bunn Y Burkhaller 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 Dickinsim Y Dix Y Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart Y Epps Y Evans Y Feltun Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden Y Goodwin
Greene

Y Groover Y Hammond Y Manner Y Harris, B
Y Harris, M Y Hart Y Heard N Hegstrom Y Hembree Y Henson Y Holland N Holmes Y Howard Y Hudson Y Hughes

WEDNESDAY, MARCH 16, 1994

2761

Y Hugley Y Irvin
Y James
Y Jamieson
Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, (I Y .Johnson, J
E Johnston Y Jones Y Joyce Y Kaye Y Kinnamon
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
N Martin Y McBee N McClinton
McKinney 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 Y Pelote Y Perry Y Pinholster YPoag
N Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B N Randall Y Randolph
YRay Y Reaves Y Reichert N Roberts Y Royal Y Scoggins

Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield
Skipper 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

Y Teague N 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 motion, the ayes were 152, nays 11. The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 533. By Representatives Stanley of the 50th, Davis of the 48th, Martin of the 47th, Randall of the 127th and Stanley of the 49th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and morals, so as to provide penalties for contributing to the delinquency of a minor by soliciting, coercing, intimidating, or conspiring with a minor to commit a violent crime.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 533

The Committee of Conference on HB 533 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 533 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mary Margaret Oliver Senator, 42nd District

/s/ LaNett L. Stanley Representative, 50th District

/s/ Charles C. Clay Senator, 37th District

/s/ Bettieanne Childers Hart Representative, 116th District

/s/ Steven E. Langford Senator, 29th District

/s/ Roy E. Barnes Representative, 33rd District

A BILL
To amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and

2762

JOURNAL OF THE HOUSE,

morals, so as to provide penalties for contributing to the delinquency of a minor by soliciting, coercing, intimidating, or conspiring with a minor to commit a violent crime; to provide a definition; to provide for editorial revision; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and morals, is amended by striking Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, and inserting in its place a new Code Section 16-12-1 to read as follows:
"16-12-1. (a) As used in this Code section, the term: (1) 'Delinquent act' means a delinquent act as defined in Code Section 15-11-2. (2) 'Felony' means any act which constitutes a felony under the laws of this state,
the laws of any other state of the United States, or the laws of the United States. (3) 'Minor' means any individual who is under the age of 17 years or any individ-
ual under the age of 18 years who is alleged to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings. (b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation of a minor when such person:
(1) He knowingly Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act as such is defined in Code Section 15-11-2, relating to juvenile proceedings;
(2) He knowingly Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; er
(3) He willfully Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; -,
(4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an elementof the offense if committed by an adult; or
(5) Knowingly and willfully provides to a minor any weapon as defined in subsection (b) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult. (c) It shall not be a defense to the offense provided for in this Code section that the minor has not been formally adjudged to have committed a delinquent act or has not been found to be unruly or deprived.
(d) A person convicted ef the offcnse ef contributing te the delinquency, unmlincsa, er deprivation ef a miner pursuant to paragraph (1), (2), or (3J of subsection (b) of this Code section shall be punished as follows:
(1) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned;
(2) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than one year, or both fined and imprisoned; and
(3) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00

WEDNESDAY, MARCH 16, 1994

2763

or shall be imprisoned for not less than one year nor more than three years, or both fined and imprisoned. (e) A person convicted pursuant to paragraph (4) or (5) of subsection (b) of this Code section shall be guilty of a felony and punished as follows:
(1) Upon conviction of the first offense, the defendant shall be imprisoned for not less than one nor more than five years; and
(2) Upon conviction of the second or subsequent offense, the defendant shall be imprisoned for not less than three years nor more than 20 years."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Stanley of the 50th moved that the House adopt the report of the Committee of Conference on HB 533.
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 Bartbot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown
YBuck Y Buckner
Y Bunn Y Burkhaller YByrd Y Campbell
Y Canty Carlisle
Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell
Y Connell YCox
Y Crawford Y Crews Y Culbreth Y Cummings 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
Godbee Y Golden Y Goodwin
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 E Johnston Y Jones
Y Joyce Y Kaye Y Kinnamun
Klein
YLadd Y Lakly Y Lane, L>
Y Lane, R Lawrence
Y Lawson Y Lee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney Y Milam Y Mills

On the motion, the ayes were 157, nays 0. The motion prevailed.

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
Randall
Y Randolph Ray
Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
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 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
Williams, B Y Williams, R Y Yates
Yeargin Murphy, Spkr

HB 170. By Representatives Thomas of the 100th, Chambless of the 163rd, Simpson of the 101st and Cauthorn of the 35th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the prefiling of bills and resolutions prior to legislative sessions; to provide for the preliminary assignment of such matters to committees and consideration of the same by such committees.

The following report of the Committee of Conference was read:

2764

JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON HB 170

The Committee of Conference on HB 170 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 170 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Steve Henson
Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
//,-,. /s/ ^arles Thomas

/s/ Arthur B. Edge
/s/ Jane Hemmer Senator, 49th District

/s/ Tommy Chambless /s/ Wm. "Bill" Lee

A BILL
To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to establish an administrative procedure for the profiling of proposed bills and resolutions prior to the convening of each legislative session; to provide for the preliminary assignment of such matters to committees and consideration of the same by such committees; to provide for the unofficial status of such matters, as opposed to actions officially taken during legislative sessions; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, is amended by adding a new Code Section 28-1-16 to read as follows:
"28-1-16. (a) The purpose of this Code section is to establish an administrative procedure for the prefiling of proposed bills and resolutions prior to the convening of each legislative session. The purposes of such procedure shall include:
(1) Allowing, but not requiring, the author of a measure which he or she intends to introduce in the General Assembly to make the members of the General Assembly and the general public aware of the existence and contents of such proposed measure;
(2) Allowing, but not requiring, the presiding officers of the Senate and House of Representatives to indicate the committees to which they intend to assign such proposed measures if and when they are officially introduced; and
(3) Allowing, but not requiring, standing committees so selected to begin informal consideration of such proposed measures. (b) During the period which begins on November 15 of each calendar year and ends on the Friday before the second Monday in January of the following calendar year, bills and resolutions considered for introduction in the General Assembly may be profiled with the Secretary of the Senate and the Clerk of the House as authorized in this Code section. Such measures may be so profiled with the Secretary of the Senate by any one or more Senators who will be eligible to consider the measure when introduced. Such measures may be so prefiled with the Clerk of the House by any one or more Representatives who will be eligible to consider the measure when introduced. The prefiling of a measure shall not constitute the official introduction of a bill or resolution, and a bill or resolution may be officially introduced only during a legislative session. (c) When any one or more authors of a proposed measure desire to prefile the proposed measure, they shall obtain copies of the same from the Office of Legislative Counsel, prepared in a form to indicate their status as measures to be prefiled, and shall prefile the same with the Secretary of the Senate or the Clerk of the House in such manner as may be prescribed by the Secretary or the Clerk.

WEDNESDAY, MARCH 16, 1994

2765

(d) Neither the profiling of a proposed measure by the author, an indication of intention to assign a proposed measure to a committee by a presiding officer, nor the informal consideration of a proposed measure by a committee shall be binding or have official status as the introduction, assignment to committee, or committee consideration of a measure; and all of such actions may officially be taken only after the convening of a session of the General Assembly.
(e) Upon receipt of a prefiled bill or resolution, the Secretary or Clerk shall assign to the proposed measure an identifying number. The Secretary and Clerk may develop numbering systems which will allow prefiled measures to be identified by a number corresponding to the bill or resolution number which will be assigned to the same measure when and if it is officially introduced during the legislative session.
(f) Following receipt of a prefiled measure, the Secretary or Clerk shall notify the presiding officer of the Senate or House, and such presiding officer may make a preliminary assignment of the measure to a standing committee for consideration by the committee. Such a preliminary assignment shall not constitute the official assignment of an officially introduced bill. Such official assignment of a bill or resolution may take place only following the official introduction of the bill or resolution during the legislative session. Such a preliminary assignment shall in no manner be binding upon the presiding officer, and the official assignment of a bill or resolution after its official introduction may be made without regard to any preliminary assignment of the proposed measure.
(g) Upon the preliminary assignment of a bill or resolution, the committee to which the same is assigned may commence consideration of the proposed measure and the issues addressed therein, but the committee shall have no power to take any official action with respect to such a proposed measure until after its official introduction and assignment to the committee.
(h) All measures prefiled under this Code section and the preliminary assignment of the same shall be matters of public record and shall be made available to the public."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 100th moved that the House adopt the report of the Committee of Conference on HB 170.
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 Bargercm Y Barnes
Y Bates Y Benelield
Y Birdsong 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
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
Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Y Golden Y Goodwin
Greene Groover
Hammond

Y Manner Y Harris, B Y Harris, M
YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes
Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D

Y Lane, R Y Lawrence
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
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
Sinkfield
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 Y Stanley, L

2766

JOURNAL OF THE HOUSE,

Y Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague

V Teper Y Thomas Y Tillman Y Titus
Towery

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 motion, the ayes were 158, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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 Annotated, 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 following Senate amendment was read:

Amend HB 1488 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that no filing".
By adding on line 6 of page 1 after the word and symbol "filing;" and before the word "to" the following:
"to provide a definition of limited benefit insurance as applied to exceptions to rating standards for certain group accident and sickness insurance policies;".
By striking lines 9 through 13 of page 1 and inserting in lieu thereof the following:
"Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end of Code Section 33-8-1, relating to fees and charges generally associated with insurance, a new paragraph (7) to read as follows:".
By adding between lines 17 and 18 of page 1 a new Section 2 to read as follows:
"Section 2. Said title is further amended by striking paragraph (4) of subsection (f) of Code Section 33-30-12, relating to standards and requirements for rating of small groups under accident and sickness insurance, and inserting in lieu thereof a new paragraph to read as follows:
'(4) Limited accident ad sickness insurance policies such as hospital indemnity policies, specified disease policies, limited accident policies, f similar limited policies benefit insurance policies. For the purposes of this Code section, the term "limited benefit insurance" means accident and sickness insurance designed, advertised, and marketed to supplement major medical insurance. The term "limited benefit insurance" includes accident only, Champus supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, or major medical insurance.'".
By redesignating Section 2 as Section 3 on line 18 of page 1.
By redesignating Section 3 as Section 4 on line 21 of page 1.

WEDNESDAY, MARCH 16, 1994

2767

Representative Culbreth of the 132nd moved that the House agree to the Senate amendment to HB 1488.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Bailey Y Baker Y Bannister
Barfoot
Bargeron Barnes Y Bates
Y Benetield Y 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 Y Carlisle
Y Carrell Carter
Y Cauthorn Y Chamble.ss
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, CJ
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 Y Goodwin
Greene 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 Y Johnson, E
Y Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce
Y Kaye Y Kinnamon
Klein Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson
YLee Y Lewis
YLord Y Lucas Y Maddox
Y Mann Y Martin
Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mohley, R 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 Reaves
Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinktield 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
Walker Y Wall
Y Watson Y Watts Y Westmorland
White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 154, nays 0. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 629

The Committee of Conference on SB 629 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 629 be adopted.
Respectfully submitted,

2768

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Stephen B. Farrow Senator, 54th District
/s/ Jack Hill Senator, 4th District
/s/ Richard 0. Marable Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Gregory H. Kinnamon Representative, 4th District
/s/ John Godbee Representative, 145th District
/s/ Tom Sherrill Representative, 62nd District

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 prohibit any school system from denying both parents of a child the right to inspect and review the education records of such child; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by striking Code Section 20-2-720 which reads as follows:
"20-2-720. Reserved.", in its entirety and inserting in lieu thereof the following:
"20-2-720. No local school system, whether county, independent, or area, shall have a policy of denying, or which effectively prevents, the parents of students who are in attendance at or who have been enrolled in any facility within such system the right to inspect and review the education records of their children. A parent shall be entitled to inspect and review only information relating to his or her own child and if any material or document in a child's record includes information on another student, such information regarding any other student shall not be made available for inspection or review except to the parents of that student. Both parents of a child shall be entitled to inspect and review the educational records of their child or to be provided information concerning their child's progress. Information concerning a child's education record shall not be withheld from the noncustodial parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been terminated."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Kinnamon of the 4th moved that the House adopt the report of the Committee of Conference on SB 629.
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 Barium Y Bargenm Y Barnes
Y Bates Y Benefield Y Birdsonjj Y Bordeaux
Bostick Y Breedlove Y Brooks. 1)

Y Brooks. T Y Brown
Y Buck Buckner
Y Bunn Y Burkhaller Y Byrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler

Y Channel! Y Childers
Y Clark Y Coker Y Coleman, B Y Coleman, T Y Colwell Y Connell
Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, Ci 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
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

WEDNESDAY, MARCH 16, 1994

2769

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G
Y Johnson, J
E Johnston Y Jones Y Joyce Y Kaye Y Kinnamon
Klein
Y Ladd Y Lakly
Y Lane, 1)
Y Lane, K Y Lawrence \' 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 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
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
Smyre
YSnow
Y Stancil, K
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
Y Twiggs Y Vaughan Y Walker Y Wall
Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 160, nays 0. The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 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.

The report of the Committee, which was favorable to the 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 Benetield
Y Birdsong Bordeaux Bostick
Y Breedlove Y Brooks. L> 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 Channell
Y Childers Y Clark Y Coker
Y Coleman, B
N Coleman, T Y Colwell Y Connell Y Cox
Y Crawt'ord Y Crews Y Culbreth Y Cummings Y Davis, G N 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 Kloyd, J.W Y Godhee Y Golden

Y Goodwill Greene
Y Groover
Y Hammond Y Hanner Y Harris, B Y Harris, M
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 Y Jenkins Y Johnson, U.H Y Johnson, E
Y Johnson, G
Y Johnson, J E Johnston
Y Jones Y Joyce

Y Kaye Kinnamon Klein
Y Ladd
Y Lakly
Y Lane, L>
Y Lane, K
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 E Oliver Y O'Neal Y Orrock

Y PadgeU
E Parham Parrish Patten
Y Pelote Y Perry
Y Pinholster Y Poag Y Polak
Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B Y 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

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JOURNAL OF THE HOUSE,

Y 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 Y Stephenson Streat Y Taylor

Y Teague Y Teper
Y Thomas Y Tillraan Y Titus Y Towery Y Trense

Y Turnquesl 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 155, nays 2. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th, Burton of the 5th, Ragan of the 32nd and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 436

The Committee of Conference on SB 436 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 436 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill Senator, 4th District

/s/ John Godbee Representative, 145th District

/s/ Richard 0. Marable Senator, 52nd District

/s/ Ann R. Purcell Representative, 147th District

/s/ Sallie Newbill Senator, 56th District

Is/ Sharon Trense Representative, 44th District

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for certain contracts for school psychology services with persons certified by the Professional Standards Commission notwithstanding their not being licensed; to provide an alternative method of calculating the local fair share for county and independent school systems in certain circumstances; to change the calculation of equalization grants to local school systems; to change the standards for the exemption from certain evaluations; to provide for "high-achieving exempt schools"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the elementary and secondary education, is amended by adding after Code Section 20-2-156, a new Code section to read as follows:

WEDNESDAY, MARCH 16, 1994

2771

"20-2-157. A local unit of administration shall be authorized to contract for school psychology services with an individual certified by the Professional Standards Commission in school psychology. The certified individual shall be authorized to practice school psychology for the local unit of administration notwithstanding any contrary provision contained in Chapter 39 of Title 43 which requires such individual to be licensed thereunder."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-164, relating to local fair share funds, and inserting in lieu thereof the following:
"(a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Programt provided, however, that the local few share
amount calculated pursuant te paragraph {!) ef subsection -(a) of Code Section 20 2 166. rvf tiscfli yeftf iyyo ciriu every yoftr tficreflitcrj trie iocft ictif sriflre tor o.iiy locsi scnooi
t* 20-2-161. he as follows: (1) Unless the combined fair share total for all local school systems in the state,
when calculated pursuant to this paragraph, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, Middle School Incentive Grants, and Special Instructional Assistance Program Grants combined for all local school systems, the amount of each local school system's local fair share shall be calculated as follows:
{4} (A) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;
{2) (B) From the amount calculated in paragraph Q} subparagraph (A) of this subsection paragraph deduct the total amount calculated pursuant to subsection (g) of this Code section; and
{3} (C) Multiply the remainder calculated in paragraph (3) subparagraph (B) of this subsection paragraph by .005. (2) If the combined fair share total for all local school systems in this state, when calculated pursuant to paragraph (1) of this subsection, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, Middle School Incentive Grants, and Special Instructional Assistance Program Grants combined for all local systems, then the amount of each local system's fair share shall be calculated as follows:
(A) Multiply the total amount of Quality Basic Education Formula amounts to be expended for all local school systems combined, as calculated for each local school system pursuant to Code Section 20-2-161, by .2;
(B) Divide the product calculated in subparagraph (A) of this paragraph by the sum of the local fair share amounts for all local school systems in this state as calculated for each local school system pursuant to subparagraph (C) of paragraph (1) of this subsection;
(C) Multiply the amount calculated in subparagraph (B) of this paragraph by_ .005; and
(D) Multiply the product calculated in subparagraph (C) of this paragraph by the remainder calculated in subparagraph (B) of paragraph (1) of this subsection."
Section 3. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 20-2-165, relating to equalization grants, and inserting in lieu thereof the following:
\o) oUDtrflct- itie miiict pste flppiied to cAicui&ve tftft locfli wtw sridpe pursuant TO subsection t& ef Code SeetteR 20-2-164 five from the effective millage rate for the local

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JOURNAL OF THE HOUSE,

school system and use the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized;".
Section 4. Said chapter is further amended by striking subsection (e.l) of Code Section 20-2-282, relating to evaluation of schools, and inserting in its place the following:
"(e.l) The state board shall, subject to the requirements of subparagraph (a)(l)(D) of this Code section, establish criteria for determining whether local schools significantly exceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 6 30 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and designated 'high-achieving exempt schools.' Schools designated as highachieving exempt schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(C), or (a)(l)(I) of this Code section, as long as the school maintains the designation 'high-achieving exempt school.' Schools and school districts which have had a standards review within the last four years will continue on the five-year cycle as mandated by law."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Purcell of the 147th moved that the House adopt the report of the Committee of Conference on SB 436.
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
Bostick Y Breedlove Y Brooks. D Y Brooks. T
Brown 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
Crawford Y Crews
Culbreth Y Cummings Y Davis, G
Davis, M Y Dickinson 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 Y Goodwin
Greene Y Groover Y Hammond Y Manner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes

Howard Y Hudson Y Hughes
Y Hugley Y Irvin Y James
Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce
YKaye Y Kinnamon
Klein
YLadd N Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

On the motion, the ayes were 154, nays 2. 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
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 Y Smith, T Y Smith, V Y Smith, W
Smyre YSnow Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Slreat Y Taylor Y Teague 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 N Westmorland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin Murphy, Spkr

WEDNESDAY, MARCH 16, 1994

2773

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 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 Annotated, relating to enforcement of the Handicapped Parking Law, so as to provide for unlawful practices directed towards handicapped parking monitors; to provide a penalty.
The report of the Committee, which was favorable to the 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 N Breedlove Y Brooks, D Y Brooks. T Y Brown YBuck
Y Buckner Y Bunn N Burkhalter YByrd Y Campbell Y Canty N Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler N Channel! Y Childers Y Clark Y Coker Y Coleman, B N 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 N Ehrhart
YEpps Evans
Y Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee 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

Howard
Y Hudson Y Hughes
Y Hugley Y Irvin
James Y Jamieson
Jenkins Y Johnson, D.H Y Johnson, E N Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce
YKaye Y Kinnamon
Klein
Y Ladd N Lakly Y Lane, U 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 N Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller E Oliver
Y O'Neal Y Orrock Y Padgett E Parham N Parrish
Patten Y Pelote Y Perry Y Pinholster
Poag 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
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
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
N Trense Y Turnquest
Y Twiggs Y Vaughan Y Walker Y Wall Y Watson
Y Watts N Westmorland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 145, nays 12. 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 reports of the Committees of Conference thereon:

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 Institutions 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.

2774

JOURNAL OF THE HOUSE,

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 929

The Committee of Conference on HB 929 recommends that the Senate recede from its position and that HB 929 as it passed the House of Representatives be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Sonny Perdue Senator, 18th District
Steve Thompson Senator, 33rd District

/s/ John Godbee Representative, 145th District
M Thomas B. Buck, III Representative, 135th District

/s/ Stephen Farrow Senator, 54th District

John W. Hammond Representative, 32nd District

Representative Godbee of the 145th moved that the House adopt the report of the Committee of Conference on HB 929.
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 Bostick N Breedlove Y Brooks, D Y Brooks, T Brown Buck Y Buckner Y Bunn Y BurkhalteiYByrd
Y Campbell Y Canty
Carlisle Y 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
Culbreth Y Cummings Y Davis, G Y Davis, M N Oickinsun YDix Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart
YEpps Evans
Y Felton
Y Floyd, J.M Floyd, J.W
Y Godbee Y Golden Y Goodwin
Greene Y Groover
Hammond Y Manner Y Harris, B Y Harris, M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
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 E Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Y Lane, U 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

On the motion, the ayes were 143, nays 3. 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 Parrish Patten
Y Pelote Y Perry Y Pinholster
Poag Y Polak Y Porter Y Poston Y Powell
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
Sinkfield Y Skipper

Y Smith, C Y Smith, L Y Smith, P
Smith, T 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
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
N Yates Y Yeargin
Murphy, Spkr

WEDNESDAY, MARCH 16, 1994

2775

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 Annotated, relating to jurisdiction of the Department of Corrections and designation 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1784

The Committee of Conference on HB 1784 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1784 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Pete Robinson Senator, 16th District

/s/ Charles A. Thomas, Jr. Representative, 100th District

/s/ Stephen Farrow Senator, 54th District

/s/ Roy E. Barnes Representative, 33rd District

/s/ David Ralston Senator, 51st District

/s/ Dennis H. Chandler Representative, 99th District

A BILL
To amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction of the Department of Corrections and designation of place of confinement of inmates, so as to authorize a sentencing judge to designate a county jail as the place of confinement for a convicted felon if certain conditions are met; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction of the Department of Corrections and designation of place of confinement of inmates, is amended by striking subsections (b) and (d) and inserting in their place new subsections (b) and (d), respectively, to read as follows:
"(b) Where any person is convicted of any offense, misdemeanor, or felony and sentenced to serve time in any penal institution in this state other than as provided in subsection (a) of this Code section, he that person shall be committed to the custody of the commissioner who, with the approval of the board, shall designate the place of confinement where the sentence shall be served; provided, however, that the sentencing judge shall be authorized to designate the place of confinement of a convicted felon as a county jail if the sheriff consents to such designation, the period of confinement does not exceed two years, and the place of incarceration is in the county of venue for the trial of the offense. The sheriff shall award good time allowances to an inmate sentenced under this Code section in the same manner as allowed for in subsection (b) of Code Section 42-4-7 and any inmate sentenced under this Code section may be assigned to a county work detail."
"(d) Notwithstanding any language Unless otherwise provided in the sentence as passed by the court as authorized by subsection (b) of this Code section, the commissioner may designate as a place of confinement any available, suitable, and appropriate

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JOURNAL OF THE HOUSE,

state or county correctional institution in this state operated under the jurisdiction or supervision of the department. The commissioner shall also have sole authority to transfer inmates from one state or county correctional institution in this state to any other such institution operated by or under the jurisdiction or supervision of or approved by the board. Neither male nor female state inmates shall be assigned by the commissioner to serve in any manner in a county jail unless they are participating in a state sponsored project and have the approval of the commissioner and the sheriff or the jail administrator of the county. Furthermore, the commissioner may transfer to the Attorney General of the United States for confinement any inmate if it is determined that the custody, care, treatment, training, or rehabilitation of the inmate has not been adequate or in the best interest of the inmate or his the inmate's fellow inmates. The commissioner is authorized to contract with the Attorney General of the United States for the custody, care, subsistence, housing, treatment, training, and rehabilitation of such inmates."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 100th moved that the House adopt the report of the Committee of Conference on HB 1784.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker
Bannister Y Barlbot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Y Bordeaux Bostick
N Breedlove Y Brooks, U Y Brooks, T N 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 N Channel! Y Childers Y Clark Y Coker Y Coleman, B N 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
Y Epps Evans
Y Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Golden
Y Goodwin Greene
Y Groover Y Hammond
Hanner 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 E 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 N 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
Y Orrock Y Padgett E Parbam
Parrish Patten Y Pelote Y Perry
N 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

Y Smith, C Y Smith, L Y Smith, P Y Smith, T N Smith, V
Y Smith, W Smyre
YSnow Y Stancil, F
N Stancil, S Y Stanley, L
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 Y Watts Y Westmorland Y White
Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 146, nays 9. The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

WEDNESDAY, MARCH 16, 1994

2777

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 Annotated, relating to child abuse, so as to provide for a committee in each judicial circuit to adopt a written child abuse protocol; to provide for the combination or expansion of county committees and county protocols; to provide for the continuation of county committees in single-county circuits; to remove obsolete dates.

The following Committee substitute was read:

A BILL
To amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to provide that upon a county failing or refusing to establish a child abuse protocol committee, failing or refusing to adopt a written child abuse protocol, or failing or refusing to file such written protocol with the Division of Family and Children Services of the Department of Human Resources as required by law, the Department of Human Resources shall notify the county regarding the deficiencies by certified mail, return receipt requested; to provide that in the event any such deficiency continues for 30 days after said notification has been given, the county shall be liable for a civil penalty in the amount of $500.00 for such violation and an additional civil penalty of $500.00 for each week during which such violation continues and be subject to appropriate sanctions otherwise authorized by law; to provide for enforcement; 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 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 opportunity for hearing before such individual's name is placed in the registry; to provide for practice 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. Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is amended by inserting a new Code section to be designated Code Section 19-15-2.1 to read as follows:
"19-15-2.1. Effective July 1, 1995, upon a county failing or refusing to establish a child abuse protocol committee, failing or refusing to adopt a written child abuse protocol, or failing or refusing to file such written protocol with the Division of Family and Children Services of the Department of Human Resources as required by this chapter, the Department of Human Resources shall notify the county regarding the deficiencies by certified mail, return receipt requested. In the event any such deficiency continues for 30 days after said notification has been given, the county shall be liable for a civil penalty in the amount of $500.00 for such violation and an additional civil penalty of $500.00 for each week during which such violation continues and be subject to appropriate sanctions otherwise authorized by law. Any such action against a county shall be carried out pursuant to the procedures provided in Code Section 31-2-6."
Section 2. 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, 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 information in the registry, and inserting in their place new Code sections to read as follows:

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JOURNAL OF THE HOUSE,

"49-5-180. As used in this article, the term:
(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 established 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 tat investigation by an abuse investigator has revealed that there fe substantial credible evidence that child abuse occurred. fH (6) 'Division' means the Division of Family and Children Services of the Department of Human Resources. 48) (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. 49) (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' means that a abuse investigator has been unable te locate the child allegedly abused e* has determined by an investigation that there is net substantial credible evidence that child abase occurred. (11) 'Under investigation' means that an investigation by an abuse investigator basnet been completed btrt shall net extend beyond 180 days frets the date the invcstigatien began. (9) 'Substantiated' means that an investigation by an abuse investigator has revealed that there is significant credible evidence that child abuse occurred.
412) (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 whose name appears in the registry and provide, in writing, 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.

WEDNESDAY, MARCH 16, 1994

2779

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 independently makes a determination that there is reasonable cause to believe a child has been abused shall be reported to the division upon the earlier efe W The completion of the investigation^ t er
/\Qsj^ wTH7Ii4t-iIvnI-I*I^ oQxA? fultjtuyfon nnifLtnCiJ* +t1i~ic-- -r.-c..j-.j.-u.-.r4t- rjj\iuirrmsiur>nri>itt twrt fw^ftut^cft Q oco/u^tiiirufnn "iIiQ?~_ >7/ _~Kt/ iTnS rturtoaxf-l<tvi A or
the independent determination by the investigator made. (b) K; within the 30 days specified in paragraph 42) ef subsection -(a) ef this Code section, When the investigation by an abuse investigatort ft) fe is completed, that investigator shall classify the alleged abuse as 'unfounded,' 'confirmed,' or 'unconfirmed' 'substantiated' or 'unsubstantiated' and, if classified as:
{A} (1) 'Unfounded,' 'Unsubstantiated,' the abuse investigator shall et make a report to the division, for statistical purposes only, without the inclusion of identifying information, notwithstanding subsection (a) of this Code section; or
{B} (2) 'Confirmed' or 'unconfirmed,' 'Substantiated,' the abuse investigator shall make a report to the division and include such classification, t ef \cf/ 9 not compictcuf tft&t ODUSC mvesti^fttor srt&ii HIQKC to WIG division ft report wfeieh 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 parents, 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 ef- a ease reported te the- division and- class!fied as 'under investigation,' the abuse investigator shall: (1) Classify such ease as 'confirmed,' 'unconfirmed,' er 'unfounded'; and if)--K the ease is classified as 'confirmed,' 'unconfirmed,' er 'unfounded,' report such classification te the abuse registry. 49-5-184. (a) The division shall upon receipt of a substantiated report include i th 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
bj; 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 wtthm two yoflrs Ait6F tftc c&96 is so dL9S11H/Q imiTi6Cii&t6iy. IT ftt ctny time ft cusc DCcomes fcclaaaificd as 'unfounded' it shaH be immediately expunged from 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 reasonable basis for the petitioning individual's name to be maintained in the abuse registry for the statutorily prescribed period."

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Section 3. This Act shall become effective July 1, 1994, and Section 4 of this Act 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.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Smith of the 109th moves to amend the Committee substitute to SB 492 as follows:
Strike Section I in its entirety and renumber accordingly.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
N Bailey Y Baker Y Bannister Y Barfoot N Bargeron N Barnes N Bates N Benefieid Y Birdsonn N Bordeaux
Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown YBuck N Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell
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
N Crawford Y Crews Y Culbreth N Cummings Y Davis, O Y Davis, M Y Dickinson Y Dix Y Dixon, H N Dixon, S N Dobbs Y Ehrhart
YEpps Y Evans
N Felton Y Floyd, J.M Y Floyd, J.W
Godbee N Golden Y Goodwin
Greene N Groover N Hammond
Hanner N Harris, B Y Harris, M N Hart Y Heard N Hegstrom
Y Hembree Y Henson Y Holland N Holmes

Y Howard N Hudson N Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J E Johnston
Jones Y Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly N Lane, D
Y Lane, K Y Lawrence Y Lawson
NLee Y Lewis
YLord Y Lucas Y Maddox YMann N Martin N McBee N McClinton
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 Y Polak
Y Porter Y Poston Y Powell N Purcell, A Y Purcell, B Y Randall Y Randolph
NRay N Reaves N Reichert Y Roberts N Royal
Scoggins Y Shanahan Y Sherrill Y Shipp N Simpson
Sinkfield N Skipper

N Smith, C Y Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W
Y Smyre YSnow Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague YTeper N Thomas Y Tillman
Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
N Walker Y Wall N Watson
Watts Y Westmoreland Y White Y Williams, B N Williams, R Y Yates
Yeargin Murphy, Spkr

On the adoption of the amendment, the ayes were 114, nays 49. The amendment was adopted.

The following amendment was read and lost:

Representatives Poston of the 3rd and Bunn of the 74th move to amend the Committee substitute to SB 492 as follows:
Strike page 2 line 27 through page 8 line 25.

The Committee substitute, as amended, was adopted.

WEDNESDAY, MARCH 16, 1994

2781

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benelield Y Birdsong Y Bordeaux
B( .stick N Breedlove
Y Brooks, U Y Brooks, T Y Brown YBuck Y Buckner N Bunn N Burkhalter YByrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers
Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M N 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
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 E Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, H 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 E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster
YPoag Y Polak
N Porter N Poston Y Powell
Y Purcell, A Y Purcell, B
Y Randall N 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 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 157, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 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 salaried 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 President has appointed as a Committee of Conference on the part of the Senate the following:

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JOURNAL OF THE HOUSE,

Senators Walker of the 22nd, Isakson of the 21st and Pollard of the 24th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Hill of the 4th, Robinson of the 16th and Pollard of the 24th.

The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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 Assembly; to create the Office of Sensory Affairs; to provide for a director and such official's appointment and powers and duties; to provide for recommendations and an annual report.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 521

The Committee of Conference on SB 521 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 521 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Joe Burton Senator, 5th District

/s/ Anne Mueller Representative, 152nd District

/s/ Edward E. Boshears Senator, 6th District

Hanson Carter Representative, 166th District

/s/ Richard O. Marable Senator, 52nd District

/s/ Bobby Harris Representative, 112th District

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 Assembly; to create the Office of Sensory Affairs; to provide for a director and such official's appointment and powers and duties; to provide for recommendations and an annual report; to provide for related matters; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 16, 1994

2783

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by inserting a new chapter, to be designated Chapter 7, to read as follows:
"CHAPTER 7
30-7-1. The General Assembly finds that Georgia citizens with hearing or visual impairments share many serious difficulties stemming from ineffective communication with others, including isolation, denial of opportunities to participate fully in their communities, and a lack of access to services which are routinely available to those without hearing or visual impairments. The General Assembly further finds that there is a lack of coordination of the services and assistance which are available, and there is a need for improved information regarding eligibility and opportunities for education and assistance. It is also apparent that Georgia citizens who have hearing or visual impairments need strong advocates.
30-7-2. There is created the Georgia Office of Sensory Affairs. The Governor shall appoint a director for the office. The office shall be attached to the office of the Governor for administrative purposes only in accordance with Code Section 50-4-3.
30-7-3. The director shall have the following powers and duties: (1) To provide information to persons with or without hearing or visual impair-
ments regarding programs, services, and education for persons with hearing or visual impairments;
(2) To coordinate existing services and resources for persons with hearing or visual impairments in such a way as to make these services more efficient, effective, and accessible;
(3) To act as an advocate for persons who have hearing or visual impairments with federal, state, and local governmental agencies and instrumentalities and with the private sector;
(4) To report annually to the Governor and the General Assembly regarding recommendations in accordance with Code Section 30-7-4 and activities of the office; and
(5) To employ staff to assist in the exercise of such powers and performance of such duties. Total staffing shall not exceed eight positions. The staff shall include one person with a hearing impairment in the hearing impairment function and one person with a visual impairment in the visual impairment function. 30-7-4. The director's annual report to the Governor and the General Assembly shall include recommendations regarding:
(1) The improvement of state programs, services, and education for persons with hearing or visual impairments;
(2) The elimination of duplication of effort; (3) The coordination of state programs, services, and education with local or private programs, services, and education for persons with hearing or visual impairments in order to make the most effective use of available resources; (4) Legislation needed for persons with hearing or visual impairments; (5) Federal grants or funds available for programs, services, or education for persons with hearing or visual impairments; and (6) Innovative programs, services, or education for persons with hearing or visual impairments available in other states. 30-7-5. This chapter shall be automatically repealed July 1, 2000."
Section 2. This Act shall become effective on July 1, 1995.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Mueller of the 152nd moved that the House adopt the report of the Committee of Conference on SB 521.
On the motion, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Y Ashe Y Atkins N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield
N Birdsonf!
N Bordeaux
Bostick
Breedlove
N Brooks, D
Y Brooks. T
Y Brown
N Buck
N Buckner
Y Bunn
Y Burkhalter
N Byrd Y Campbell
Y Canty
N Carlisle Y Carrell N Carter N Cauthorn N Chambless N Chandler N Channell Y Childers
Y Clark
Y Coker Y Coleman, B N Coleman, T

N Colwell
Y Connell
NCox
N Crawford
Y Crews
N Culbreth
Y Cummings
Davis, G
Y Davis, M
Y Dickinson Dix
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 Y Goodwin
Greene N Groover N Hammond N Manner
Harris, B Y Harris, M Y Hart 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
Jenkins
N Johnson, D.H Johnson, E
Y Johnson, G Y Johnson, J E Johnston
N Jones Y Joyce
Kaye
N Kinnamon N Klein YLadd Y 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 N McClinton
McKinney N Milam Y Mills

N Mohley. B
N Mobley, J Y Moore
N Mosley Y Mueller E Oliver N O'Neal N Orrock
N Padgett E Parham N Parrish
Patten Pelote
Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston N Powell N Purcell, A Y Purcell, B
Randall N Randolph
N Ray N Reaves N Reichert
Y Roberts N Royal
N Scoggins N Shanahan Y Sherrill
Y Shipp N Simpson
Sinkfield N Skipper

N Smith, C N Smith, L N Smith, P Y Smith, T N Smith, V Y Smith, W N Smyre N Snow N Stancil, F
Y Stancil, S N Stanley, L N Stanley, P Y Stephensun
Streat N Taylor
Y 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
Y Westmorland Y White
Y Williams, B Y Williams, R N Yates
Yeargin
Murphy, Spkr

On the motion, the ayes were 65, nays 95.
The motion was lost and the report of the Committee of Conference on SB 521 was rejected.

HB 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 710

The Committee of Conference on HB 710 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 710 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ G.B.Pollard Senator, 24th District
/s/ Jack Hill Senator, 4th District
Pete Robinson

/s/ Ann R. Purcell Representative, 147th District
/s/ John Hammond Representative, 32nd District
/s/ Newt Hudson Representative, 156th District

WEDNESDAY, MARCH 16, 1994

2785

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 probate 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; 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 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, is amended by adding, following Code Section 15-9-30.4, a new Code Section 15-9-30.5 to read as follows:
"15-9-30.5. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Article 1 of Chapter 7 of Title 52, known as the 'Georgia Boat Safety Act," which constitutes a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations.
(b) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if probable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Purcell of the 147th moved that the House adopt the report of the Committee of Conference on HB 710.
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
Barnes Y Bates Y Benefield Y Birdsong
Y Bordeaux Bostick
Y Breedlove Y Brooks, L> Y Brooks. 'I'
Brown Y Buck Y Buckner
Bunn Y Burkhalter
Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthurn Y Chambless Y Chandler Y Channell Y Childers
Y Clark

Y Coker
Y Coleman, B Y Coleman, 'I' Y Colwell Y Connell YCox Y Crawlbrd Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M
Y Dickinson Dix
Y Dixon, H Y Dixon, S
Dubbs Y Ehrhart
Y Epps Y Evans
Y Felton Y Floyd, J.M
Floyd, J.W Y Godbee Y Golden Y Ooodwin
Greene Y Groover Y Hammond Y Manner 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 E Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D Y Lane, K 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 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

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 Y Snow
Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephensun
Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery

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JOURNAL OF THE HOUSE,

Y Trense
Y Turnquest Y Twiggs

Y Vaughan
Y Walker Y Wall

Y Watson
Y Watts Y Westmorela.id

White
Y Williams, B Y Williams, R

Y Yates
Y Yeargin Murphy, Spkr

On the motion, the ayes were 157, nays 0. The motion prevailed.

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1798

The Committee of Conference on HB 1798 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1798 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mike D. Crotts Senator, 17th District

M Johnny Floyd Representative, 138th District

/s/ Harold J. Ragan Senator, llth District

/s/ Ann R. Purcell Representative, 147th District

Steve Henson Senator, 55th District

/s/ Henry L. Reaves Representative, 178th District

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; to designate English as the official language of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
WHEREAS, for several decades, Georgia has been responsible for producing nearly 50 percent of the total United States peanut crop; and
WHEREAS, over 50 percent of the peanuts used in the production of peanut butter comes from the State of Georgia; and
WHEREAS, Georgia leads the nation in peanut exports, supplying nearly 60 percent of the United States export markets and contributing over $150 million to our nation's balance of trade.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by adding a new Code Section 50-3-69 to read as follows:
"50-3-69. (a) The peanut is designated as the official Georgia state crop.

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(b) English shall be the language of public records, as defined in Code Section 50-18-70, and public meetings, as defined in Code Section 50-14-1, including any government documents, records, meetings, or policies enforceable by authority of this state.
(c) Subsection (b) of this Code section shall not apply to: (1) Public safety, health, or justice matters; (2) Foreign language instruction or instruction to integrate limited English profi-
cient students into the education system; or (3) International sporting events, tourism, or commerce.
(d) This Code section shall not be construed in any way to deny a person's rights under the Constitution of Georgia or the Constitution of the United States."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House:

HB 820. By Representative Thomas of the 100th:
A bill to amend Code Section 15-12-67 of the Official Code of Georgia Annotated, relating to appointment or election of foreperson of the grand jury, so as to make certain gender changes and grammactical revisions and corrections in the oath of grand jurors.

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 Annotated, 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.

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.

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 valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for residents of that county.

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 Richmond, so as to provide for a change in the date the budget must be presented 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.

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JOURNAL OF THE HOUSE,

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.

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.

HB 2028.

By Representative Stephenson of the 25th:
A bill to amend an Act entitled "An Act incorporating the Town of Pendergrass, in the County of Jackson," so as to provide a new charter for the City of Pendergrass.

HB 2048.

By Representatives Hart of the 116th, Howard of the 118th, Brown of the 117th and Connell of the 115th:
A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for the duties and powers of the Chief Judge of said Court; to provide for the handling and transfer of cases within the Civil Court and Magistrate Court of Richmond County.

HB 2052.

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 Education of Cherokee County, so as to change certain provisions relating to the per diem received by members of the board.

HB 2054. By Representatives Snow of the 2nd and Joyce of the 1st:
A bill to provide for the Magistrate Court of Walker County; to provide for the compensation of the chief magistrate.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

SB 676. By Senator Clay of the 37th:
A bill to amend Code Section 15-6-94 of the Official Code of Georgia Annotated, 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 314. By Senator Clay of the 37th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize and regulate the sale of alcoholic beverages for consumption on the premises on Sunday in certain municipalities during certain hours; to provide for practices, procedures, and requirements related thereto; to provide an effective date.

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SB 99. By Senator Newbill of the 56th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies; to provide that the county medical examiner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission.

SB 434. By Senator Henson of the 55th:
A bill to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, so as to exempt from the licensing requirements for professional counselors practitioners who are employees or student peer counselors of a public or private college or university in this state; to provide for an exception.

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 Annotated, 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 provide for grievance procedures for violations of such rights; to provide for administrative hearings for violations of such rights.

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 participate in the Work for Welfare Program; to provide for exemptions; to provide for income tax consequences; to provide for effective dates.

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 paternity.

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 personal flotation devices aboard vessels; to limit the hours of operation of personal watercraft; to provide for an observer in vessels towing persons on water skis or similar devices; to provide an effective date.

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JOURNAL OF THE HOUSE,

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 licensing requirements for professional counseling.

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.

SB 180. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the judges of said court; to provide an effective date.

SB 185. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date.

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 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 centers, so as to provide for preliminary records check determinations in addition to fingerprint records check determinations for a foster care home parent or parents used by licensed child-placing agencies; to provide an effective date.

SB 457. By Senator Egan of the 40th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide for the distribution of proposed rules and regulations of the State of Georgia to chairpersons of standing committees of the General Assembly.

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 Children's Trust Fund and the State Children's Trust Fund Commission; to provide 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.

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SB 547. By Senator Langford of the 29th:
A bill to amend Code Section 40-2-85.1 of the Official Code of Georgia Annotated, 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 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 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 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 505. By Senator Henson of the 55th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurance for motor vehicle liability purposes, so as to require the maintenance of cash deposits and investments in certain securities by persons operating one or more vehicles for hire which transport passengers in order for those persons to qualify for a certificate of self-insurance for motor vehicle liability purposes.

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 Annotated, 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 qualifications, terms, and compensation of the members of such board.

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 Annotated, 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 provide an effective date.

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JOURNAL OF THE HOUSE,

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 Annotated, relating to bonds and recognizances, so as to provide for approval of sureties; to provide for written rules and regulations defining acceptable sureties; to provide for the publishing of such rules and regulations by the sheriffs of the state; to provide for requirements; to provide for real property bonds; to provide for qualifications of bondspersons.
SB 641. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to create the Chatham County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings.
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 inclusions; to require submission of this Act to the United States Attorney General 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 certain approval.
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.
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 drivers' 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 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 Annotated, relating to participation by counties and municipal corporations in federal 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 certain facilities and of day care, senior citizen, mental health, emergency, and other services.

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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 Annotated, 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 669. By Senators Dean of the 31st and Ray of the 19th:
A bill to amend Code Section 43-13-13 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 14 of Title 43 concerning the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that said Chapter 14 of Title 43 shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system.

The Senate has agreed to the House substitutes to the following Resolutions of the Senate:

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, Fulton County, Georgia, and known as Rhodes Memorial Hall; to provide for a purpose; to provide for membership of the committee.

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.

The Senate has agreed to the House amendments to the following Bills of the Senate:

SB 564. By Senator Madden of the 47th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, 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 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 Annotated, 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.

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JOURNAL OF THE HOUSE,

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 Annotated, relating to grounds and procedure for terminating or suspending contract 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 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 Annotated, regarding orders not to resuscitate, so as to further describe legislative intent; to authorize such orders for persons who are not in hospitals or nursing 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 provide an effective date.
SB 472. By Senator Egan of the 40th:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, 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 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 Annotated, known as the "Patient Self-referral Act of 1993," so as to change certain 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 668. By Senators Dean of the 31st and Ray of the 19th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, so as to provide for minutes of meetings of county governing authorities; to provide that certain documents may be incorporated by reference; to provide an effective date.

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 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 each county.

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.

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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 punishment.

SB 640. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to provide for the creation of one or more community improvement districts in Chatham County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts.

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 authority for this Act.

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 Annotated, 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.

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.

The Senate has agreed to the House amendments to the following Resolutions of the Senate:

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, telecommunications 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.

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JOURNAL OF THE HOUSE,

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 561. By Senator Blitch of the 7th: A resolution designating the Robert Lee Patten II Probation Boot Camp.

The Senate has agreed to the House amendments to the Senate amendments to the following Bills of the House:

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.

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.

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 Senate has agreed to the House amendments to the Senate amendments to the following Resolutions 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 agreements 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.

HR 967. By Representative Birdsong of the 123rd: A resolution designating the Hardy Durham Faulk, Sr., Memorial Bridge.

HR 124. By Representative Holland of the 157th: A resolution compensating Mr. Walter Lewis.

HR 926. By Representative Simpson of the 101st: A resolution compensating Mr. James C. Cook.

The Senate has agreed to the House amendments to the Senate substitutes to the following Bills of the House:

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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 criminal cases; to provide for disclosure of evidence by the prosecution and defendants.

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 Annotated, relating to probate courts, so as to provide that certain provisions formerly 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.

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 Annotated, 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.

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, subcontractors, and suppliers; to provide for definitions; to provide time limits for payments to contractors and subcontractors; to provide for the withholding of payments and grounds therefor.

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 accident and sickness insurance coverage for children and notice to employers.

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 Annotated, 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 Senate recedes from its amendments to the following Bills of the House:

HB 649. By Representatives Sherrill of the 62nd and Davis of the 48th:
A bill to amend Code Section 31-7-3 of the Official Code of Georgia Annotated, 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.

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JOURNAL OF THE HOUSE,

HB 664. By Representatives Smith of the 169th, Byrd of the 170th, Streat of the 167th, Johnson of the 148th, Smith of the 174th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for blueberry plants growing in this state.

The Senate recedes from its amendment to the following Resolution of the House:

HR 906. By Representative Scoggins of the 24th: A resolution compensating Mr. Nelson 0. Scoggins.

The Senate recedes from its disagreement to the House amendment to the following Bill of the Senate:

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.

The Senate recedes from its amendment to the House Committee Amendment to the following Bill of the Senate:

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.

The Senate has adopted the reports of the Committees of Conference on the following Bills of the Senate:

SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.

SB 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th, Burton of the 5th, Ragan of the 32nd and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.

WEDNESDAY, MARCH 16, 1994

2799

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 Annotated, relating to local family and children services, so as to change the composition, qualifications, and manner of selecting county boards of family and children services; to provide for terms and vacancies; to provide for a chairperson and vice chairperson; to provide for compensation and expenses; 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 Assembly; to create the Office of Sensory Affairs; to provide for a director and such official's appointment and powers and duties; to provide for recommendations and an annual report.

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 certain information to be exchanged between parties to a motor vehicle accident; 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 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.

The Senate has adopted the report of the Committee of Conference #2 on the following Bill of the Senate:

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 provide a statement of legislative intent.

The Senate has adopted the report of the Committee of Conference on the following Resolution of the Senate:

SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th, Ragan of the llth and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has contracted; to provide for the submission of this amendment for ratification or rejection.

2800

JOURNAL OF THE HOUSE,

The Senate has adopted the reports of the Committees of Conference on the following Bills of the House:
HB 170. By Representatives Thomas of the 100th, Chambless of the 163rd, Simpson of the 101st and Cauthorn of the 35th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the prefiling of bills and resolutions prior to legislative sessions; to provide for the preliminary assignment of such matters to committees and consideration of the same by such committees.
HB 337. By Representative Wall of the 82nd:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that under certain conditions a court shall issue a writ of possession instanter notwithstanding Code Section 9-11-62; to provide that if a tenant fails to make any required payment into the registry of the court, a writ of possession shall be issued after the expiration of ten days.
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.

HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th, White of the 161st, Hembree of the 98th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.
HB 533. By Representatives Stanley of the 50th, Davis of the 48th, Martin of the 47th, Randall of the 127th and Stanley of the 49th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and morals, so as to provide penalties for contributing to the delinquency of a minor by soliciting, coercing, intimidating, or conspiring with a minor to commit a violent crime.

HB 690. By Representative Barnes of the 33rd:
A bill to amend Code Section 17-15-8 of the Official Code of Georgia Annotated, relating to persons eligible for awards from the Georgia Crime Victims Compensation Board, so as to raise the maximum amount which may be awarded for a claim.

HB 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.

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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.

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.

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 Institutions 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.

HB 1130. By Representatives Godbee of the 145th, Coleman of the 142nd, Murphy of the 18th, Purcell of the 147th, Taylor of the 134th and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year, so as to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, conditions, and costs of such program.

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 Annotated, 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.

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 definitions 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.

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 Annotated, relating to participation in or contribution to political campaigns by employees of the Department of Public Safety, so as to provide for an exception; 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.

2802

JOURNAL OF THE HOUSE,

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.

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.

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 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 renegotiation and filing.

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 Annotated, 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 management systems are subject to reexamination by such department.

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 Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Early County.

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 Annotated, relating to jurisdiction of the Department of Corrections and designation 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.

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.

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 Annotated, relating to the office of the Governor, so as to provide for decentralization of state government; to provide for evaluations; to provide that the Office of Planning and Budget shall effectuate the purposes of decentralization of state government.

WEDNESDAY, MARCH 16, 1994

2803

Pursuant to SR 600, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1994
PART I -- ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
PART II --NUMERICAL TABULATION (House Bills)
PART III -- NUMERICAL TABULATION (House Resolutions)
PART IV -- NUMERICAL TABULATION (Senate Bills in House)
PART V -- NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
ABANDONMENT, PROPERTY Derelict motor vehicles; determination of value ..........................................................HB 1709 Motor vehicles; lien foreclosure affidavit; filing fee......................................................HB 321
ABNEY, GEORGE M.; invite to House..........................................................................HR 766 ABORTION
Civil Rights Protection Act; enact...................................................................................HB 716 Female's Right to Know Act; enact.................................................................................HB 602 ABRAHAM, MICHELE 1993 National Spelling Bee representative; commend..................................................HR 762 ACWORTH, CITY OF; corporate limits.......................................................................HB 1650 AD VALOREM TAX Ad valorem and income tax relief for elderly; General
Assembly establish - CA................................................................................................HR 746 Advertisement of certain increases....................................................................................HB 65 Aircraft; return in primary home base county.............................................................HB 1654 Appeal of final assessment; public utilities..................................................................HB 1245 Appraisers; certain service as tax assessor; prohibit...................................................HB 1693 Assessment appeal; arbitration as alternate method ..................................................HB 1504 Assessment appeal; temporary tax bill..........................................................................HB 1207 Assessment; change provisions regarding protest..........................................................HB 266 Assessment on appeal; any increase based on Consumer Price Index - CA .............HR 964 Assessments; amend appeal provisions............................................................................SB 296 Assessments; appeals to superior court; utilize county appraisal staff......................HB 683 Assessments; change provisions regarding protest ........................................................HB 266 Assessments; increase or decrease; notice.......................................................................HB 315 Assessments; taxpayer and board of equalization disputes; arbitration....................HB 684
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2808

INDEX

AD VALOREM TAX (Continued) Boards of equalization; assessment appeals ...................................................................HB 253 Boards of equalization; assessment appeals .................................................................HB 1436 Boards of equalization; instructional requirements.....................................................HB 1506 Boards of equalization; taxpayer appeals; written decisions .......................................HB 328 Boards of equalization; taxpayer appeals; written decisions.......................................HB 736 Boards of equalization; unsatisfactory decision; arbitration......................................HB 1656 Certain counties and municipalities; installment payments......................................HB 1581 Certain reports; amend provisions...................................................................................HB 221 Conservation use property; certain transfers...............................................................HB 1438 Conservation use property; covenants...........................................................................HB 1761 Conservation use property; current use assessment........................................................HB 60 Conservation use property; environmentally sensitive area.......................................HB 1467 Conservation use property; limited-duration covenants.............................................HB 1760 Conservation use property; transfers.............................................................................HB 1246 Education; change funding to sales and use tax - CA....................................................HR 90 Education funding; repeal ad valorem tax and impose 3 percent sales tax - CA ................................................................................................HR 703 Education funding; 2 percent sales tax; limit increase of millage rate - CA........................................................................................................HR 672 Enterprise zones; certain tax treatment; General Assembly provide by law - CA.......................................................................................................HR 240 Enterprise zones; certain tax treatment; General Assembly provide by law - CA........................................................................................................SR 206 Enterprise zones; class; General Assembly provide by local law.................................HB 434 Enterprise zones; class; General Assembly provide by local law .................................SB 166 Executions; certain notice; delete requirement............................................................HB 1268 Executions; demand by tax collector for payment or security bond........................HB 1267 Executions; issuance; recording.........................................................................................SB 534 Executions; transferees ......................................................................................................HB 563 Exempt blueberry plants...................................................................................................HB 664 Exempt certain low-income housing - CA.......................................................................SR 407 Exempt certain low-income housing renovation - CA..................................................HR 775 Exempt certain property of veterans organizations....................................................HB 1297 Exempt certain veterans organizations; referendum...................................................HB 1170 Extraordinary Property Tax Relief Law for the Elderly; enact................................HB 1434 Fair market value; current use property; timber...........................................................HB 906 Fair market value of property; define.............................................................................HB 175 Farm equipment; General Assembly provide by law - CA..........................................HR 609 Governmental entities; millage rate; advertisement; hearing......................................HB 554 Homestead exemption application date; prohibit certain appraisers from serving on board of tax assessors.....................................................SB 472 Homestead exemption; certain excess assessed value; certain residents ....................SB 394 Homestead exemption; certain veterans killed in conflict; surviving spouse............................................................................................................HB 1548 Homestead exemption; waiver..........................................................................................HB 835 Homestead exemptions; local laws for proposing or increasing; procedures......................................................................................................................HB 1646 Hospital authorities; real property...................................................................................HB 674
Intangible personal property; confidentiality of tax digest; exceptions.........................................................................................................................HB 267
Intangible tax; computer software ...................................................................................HB 398
Island property; removal from certain industrial area - CA.........................................SR 509
Jekyll Island--State Park Authority; ad valorem tax exemption; leasehold interest......................................................................................HB 1461
Jeopardy tax assessments; taxpayer leaving jurisdiction; bond ................................HB 1675
Land-disturbing activities; deny permit; past due ad valorem taxes.......................HB 1605

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INDEX

2809

AD VALOREM TAX (Continued) Limitation on increases - CA............................................................................................HR 728 Local governments; certain expenditures and certain tax increases; General Assembly limit by law - CA...........................................................HR 89 Local governments; exempt property used for economic development - CA............HR 132 Local governments; expenditures and increases; General Assembly limit by law - CA..........................................................................................HR 874 Local option sales tax without decrease in property tax; provide - CA ....................HR 428 Millage rates; amend provisions.....................................................................................HB 1251 Mobile homes; classification............................................................................................HB 1140 Mobile homes; transporting to another county; decal..................................................HB 561 Mobile homes; transporting to another county; decal...................................................SB 209 Motor vehicle registration; penalty for false information..........................................HB 1214 Motor vehicle sales; exempt sales tax; impose ad valorem tax...................................HB 799 Motor vehicle title transfer; waive penalty and interest............................................HB 1205 Motor vehicles; certain trailers; permanent license plates.........................................HB 1342 Motor vehicles; state-wide staggered registration........................................................HB 1914 Payment by credit card.....................................................................................................HB 513 Personal property; tax exemption; increase..................................................................HB 1790 Property tax amnesty program; provisions; conservation use property; certain transfers..............................................................................................SB 506 Property tax deferrals; amend provisions.....................................................................HB 1647 Property tax; millage rate; limitation - CA....................................................................HR 843 Recreational personal property; taxable situs................................................................HB 478 Refunds; sales price less than assessed value.................................................................HB 616 Regional facilities development; counties and municipalities share ad valorem tax proceeds - CA.............................................................................SR 203 Separate class for redevelopment - CA...........................................................................HR 663 State levy; increase - CA...................................................................................................HR 243 State levy; repeal certain provisions..............................................................................HB 1412 Tax collectors and tax commissioners; minimum salary...............................................SB 282 Tax digests; arbitration or appeal of assessments; examination.................................HB 309 Tax digests; assessments under review; maximum......................................................HB 1590 Tax information; confidentiality......................................................................................HB 270 Tax receivers; certification of tax digest..........................................................................SB 659 Unpaid taxes; final settlement period.............................................................................HB 567 Valuations established by appeal; subsequent years...................................................HB 1196
ADAMS, JOHN W.; condolences....................................................................................HR 1178
ADAMS, REVEREND JOHN QUINCY; commend................................................HR 1206
ADJOURNMENT Adjourn 1/14/94; reconvene 1/24/94; adjourn 1/27/94; reconvene 2/1/94 ..................HR 658 Adjourn 2/11/94; reconvene 2/14/94................................................................................HR 896 Adjourn 2/11/94; reconvene 2/14/94.................................................................................SR 501 Adjourn 2/18/94; reconvene 2/21/94................................................................................HR 975 Adjourn 2/18/94; reconvene 2/21/94; remainder of session adjourn each Friday; reconvene each Monday...........................................................HR 941 Adjourn 2/25/94; reconvene 2/28/94.................................................................................SR 563 Adjourn 3/4/94; reconvene 3/7/94..................................................................................HR 1067 Adjourn 3/9/94; reconvene 3/14/94; adjourn 3/14/94; reconvene 3/16/94; adjourn sine die 3/16/94..................................................................................SR 600
ADMINISTRATIVE PROCEDURE Administrative hearing officers; domestic relations.......................................................SB 555 Agencies; proposed rules; General Assembly distribution.............................................SB 457 Dietitians Licensing Law; provisions..................................................................................SB 20 Hearings in contested cases .................................................................................................SB 77

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2810

INDEX

ADMINISTRATIVE PROCEDURE (Continued) Hearings; licensees of Human Resources Department; contested cases ..................HB 1584 Office of State Administrative Hearings; create..........................................................HB 1443 Proposed rules; economic impact...................................................................................HB 1475 Seed Arbitration Council; provisions.............................................................................HB 1641 State government; urge purchase of American made goods........................................HR 288 State purchasing; certain acquisitions; regulate.............................................................HB 851
ADMINISTRATIVE SERVICES, DEPARTMENT OF Georgia Lottery Corporation; duties and powers; amend ..........................................HB 1169 Office of State Administrative Hearings; create..........................................................HB 1443 State government; urge purchase of American made goods........................................HR 288 State purchasing; certain acquisitions; regulate.............................................................HB 851
ADMINISTRATORS AND EXECUTORS (Also, see Wills, Trusts and Administration of Estates) Probate courts; fees; guardians; estates.........................................................................HB 1281
ADOPTION Adopted child; grandparent's intervention rights........................................................HB 1835 Certain relatives; notification .........................................................................................HB 1406 Foster care parents; records check; potential adoptive and foster parents; training programs..........................................................................SB 442 Potential adoptive or foster parents; training program; payment............................HB 1620 Rights; adopted child and adoptive parents.................................................................HB 1640
ADVERTISING Advertising of legal services; certain disclosure.............................................................HB 524 Deed to secure debt; borrower's residence; prohibit...................................................HB 1771 Deed to secure debt; sale of real property....................................................................HB 1770 False advertising; certain cable television transmission; prohibit...............................HB 796 Legal advertisement; proposed local bills; notice of intention; copy to governing authority...........................................................................................SB 607 Legal advertisement; public roads; abandonment.......................................................HB 1539 State Marketing in the Public Interest Act; enact......................................................HB 1362 Ticket sales; prohibit scalping; specify service charges on advertisements.........................................................................................................HB 1225
"AFRICAN AMERICAN BUSINESS ENTERPRISE DAY" Recognize first Thursday in March.................................................................................HR 780 Recognize first Thursday in March .................................................................................HR 782
AFRICAN-AMERICAN COMMUNITY Strive for economic self-sufficiency and economic independence...............................HR 804
AGED (See Elderly)
AGENCIES (See Named Agency or State Government)
AGRICULTURE Ad valorem tax; exempt blueberry plants ......................................................................HB 664 Agricultural commodities promotion; assessments to defray expenses; financial report ............................................................................................HB 1866 Agricultural products; substandard quality; disposal .................................................HB 1612 Agrirama; designate as "Georgia's Living History Museum"......................................HB 890 Commercial feed program; fees........................................................................................HB 721 Employees' Retirement; certain agricultural commodity commission employees; service credit ...............................................................................................HB 959 Excise tax; tobacco products other than cigars and cigarettes....................................HB 681 Farmers' markets; license and fee to sell; provisions..................................................HB 1611

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INDEX

2811

AGRICULTURE (Continued) GA 96 AG Joint Steering Committee; create.................................................................HR 937 Georgia Agricultural Exposition Authority; venue for actions; Houston County.............................................................................................HB 1191 Honeybee production; prohibit regulation by local governments.............................HB 1861 Irrigation contractors; licensing........................................................................................HB 516 Peanut; designate official state crop..............................................................................HB 1798 Sales and use tax; definitions; farm equipment repair.................................................HB 749 Sales tax exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.....................................................................................................HB 693 Sales tax exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.....................................................................................................HB 786 Sales tax exemption; items for growing forestry crops...............................................HB 1738 Sales tax exemption; routine repair of farm equipment................................................HB 74 Schools; migrant student grants.......................................................................................HB 492 Schools; migrant student grants........................................................................................SB 647 Security interest in future crops; sharecropper's portion...............................................HB 73 Seed Arbitration Council; provisions.............................................................................HB 1641 Smoking in public buildings; prohibit.............................................................................HB 319 Smoking in public places; prohibitions...............................................................................HB 3 Theft of unharvested commercial agricultural products; penalty.............................HB 1277 Tobacco; excise tax on cigarettes; increase...................................................................HB 1007 Tobacco products; possession by minor under age 18..................................................HB 638 Tobacco products; sales locations; Department of Human Resources inspect..........................................................................................................HB 1618 Weights and measures; scales and mechanics; registration fees..................................HB 722
AIR POLLUTION Biomedical waste thermal treatment technology facility; prohibit until 10/1/96.....................................................................................................HB 878 Centralized emission testing program; urge delay of implementation .......................HR 727 Environmental Equity and Justice Commission; create.............................................HB 1758 Global warming and air pollution; relative to.................................................................SR 173 House Environmental Justice Study Committee; create............................................HR 1013 Motor vehicle emission inspections; extend to all counties .........................................HB 623 Odor-causing chemicals; limitations ................................................................................HB 178 Solid waste management; requirements for service reduction and recycling....................................................................................................................HB 367 Tires; collection of fee on new tire sales; compensation.............................................HB 1276 Urge Environmental Protection Division to institute emission credit banking and trading program ...........................................................HR 796 Vehicle emission inspection stickers; delete display requirement ...............................SB 463
AIRLINES AND AIRPORTS (See Aviation)
ALAPAHA, TOWN OF; governing authority; provisions...........................................HB 1937
ALBANY STATE COLLEGE RAMS AND COACH HAMPTON SMITH; commend .................................................................................HR 1245
ALCOHOLIC BEVERAGES AND ALCOHOLISM Addiction counselors; scope of practice; exemption from licensure .........................HB 1330 Boat Safety Act; amend provisions...................................................................................SB 601 Certain intoxicating liquors; prohibit delivery in state - CA.......................................HR 179 Clinical nurse specialist in psychiatric/mental health; provisions ...............................SB 312 Crime Victims Emergency Fund; awards; remove limitation ....................................HB 2055 Driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs; courthouse use ..................................................................SB 109 Driving under the influence; breath testing machine; components............................HB 798

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2812

INDEX

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Driving under the influence; certain minors; driver's license suspension............................................................................................................SB 406 Driving under the influence; chemical test; information required from arresting officer ...................................................................................HB 1073 Driving under the influence; chemical test; information required from arresting officer ......................................................................................SB 163 Driving under the influence conviction; red colored license plate............................HB 1498 Driving under the influence; count prior convictions when imposing penalties..............................................................................................HB 1315 Driving under the influence; defendant's record; transmit to insurance company .....................................................................................................SB 420 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program........................HB 480 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program ........................SB 307 Driving under the influence; driver's license suspension; amend provisions.............................................................................................................SB 418 Driving under the influence; driver's license suspension; limited driving permit..................................................................................................HB 1699 Driving under the influence; first offense; administrative suspension of driver's license...........................................................................................SB 27 Driving under the influence; first or second conviction; work release.....................HB 1230 Driving under the influence; habitual violator; probationary driver's license...............................................................................................................HB 1471 Driving under the influence; jury trial waiver; remand to lower court.......................SB 421 Driving under the influence; minimum mandatory sentences...................................HB 1250 Driving under the influence; nolo contendere; one-time plea ...................................HB 1697 Driving under the influence; nolo contendere plea; completion of certain program ...................................................................................HB 1474 Driving under the influence; nolo contendere plea; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program........................................................................................SB 574 Driving under the influence; nolo contendere plea; eliminate .....................................SB 417 Driving under the influence; nolo contendere plea; proof of completing DUI Alcohol or Drug Use Risk Reduction Program........................HB 475 Driving under the influence; persons under age 21; blood alcohol content.....................................................................................................HB 622 Driving under the influence; persons under age 21; blood alcohol content ...................................................................................................HB 1927 Driving under the influence; persons under age 21; blood alcohol content......................................................................................................SB 419 Driving under the influence; persons under age 21; blood alcohol content......................................................................................................SB 674 Driving under the influence; persons under age 21; driver's license suspension.............................................................................................HB 647 Driving under the influence; prohibit possession by convicted person......................HB 382 Driving under the influence; speedy trial; waiver .......................................................HB 1695 Driving under the influence; stricter penalty provision .............................................HB 1477 Driving under the influence; third conviction; coding on license .............................HB 1329
Driving under the influence; third or subsequent conviction; publication ........................................................................................................................SB 119
DUI alcohol and drug use risk reduction programs; requirements for operation..........................................................................................HB 1399
DUI Alcohol or Drug Use Risk Reduction Programs; regulate...................................HB 477
Firearms; prohibitions.........................................................................................................SB 121
Health and mental health; amend provisions ...................................................................SB 49

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INDEX

2813

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Motor vehicle insurance; prohibit surcharge; driver clinic attendance ......................HB 823 Nude and seminude dancing; local governments regulate .........................................HB 1635 Nude dancing establishments; urge local governments to enact regulatory measures......................................................................................................HR 1148 Nude dancing; regulation; General Assembly authorize by law - CA ........................HR 178 Prohibit certain conduct on premises where sold........................................................HB 1775 Prohibit sexually explicit conduct on premises where sold .......................................HB 1778 Regulatory authority of state; confirm - CA..................................................................HR 894 Regulatory power of state; delegation to counties and municipalities for regulation of nude dancing - CA..................................................HR 709 Revenue Department; enforcement officer; retain weapon or badge on retirement .......................................................................................................HB 311 Richmond County; excess tax revenue; coliseum ........................................................HB 2009 Sales by coliseum authorities............................................................................................HB 131 Sales for consumption at gasoline retail outlets; prohibit............................................HB 202 Sales on Sunday during certain hours; consumption on premises; coliseum authorities .......................................................................................SB 314 Sales; open container in vehicle; testing of driver..........................................................SB 549 Sales; package size definitions; hotel in-room service; minimum container ........................................................................................................HB 912 Sales; polling place prohibition; exception .....................................................................HB 182 Sales; prohibit open container in possession of front-seat passenger in motor vehicle.............................................................................................SB 128 School bus drivers; random drug and alcohol testing...................................................HB 372 Serious traffic offenses; forfeiture of property.............................................................HB 1942 Serious traffic offenses; habitual violators and driving under the influence; lookback period ........................................................................HB 1698 Serious traffic offenses; signal to stop vehicle; DUI Alcohol or Drug Use Risk Reduction Program ........................................................HB 1916 State parks; certain facilities and services; taxation .....................................................HB 954 Suspected driving under the influence offense; certain tests; informed consent ................................................................................................HB 1694 Testing; Georgia Bureau of Investigation laboratories .................................................HB 838 Wine; deliveries in vehicles owned by dealer's employees ...........................................HB 699
ALCOVY JUDICIAL CIRCUIT; add judge ..............................................................HB 1749
ALEXANDER HIGH SCHOOL FOOTBALL TEAM; commend .........................HR 683
ALEXANDER, HONORABLE LAMAR; commend................................................HR 1057
ALIMONY AND CHILD SUPPORT Appeals; certain domestic relations cases; amend provisions ....................................HB 2056 Child support; award guidelines; completely revise ....................................................HB 1356 Child support; certain employers; report hiring and rehiring of certain employees.........................................................................................................HB 89 Child support; certain unemployed parents; job training ............................................HB 455 Child support; certain unemployment; job training......................................................HB 579 Child support; computation ..............................................................................................HB 577 Child support; computation guidelines; special circumstances..................................HB 1301 Child support; net income .................................................................................................HB 642 Cohabitation as grounds for modification ......................................................................HB 110 Domestic relations action; definition; court order.........................................................HB 679 Domestic relations; certain actions; seminar .....................................................................SB 63 Establishment of paternity ................................................................................................SB 555 Health insurance for children; Joint Study Committee on Child Support; noncompliance; issuance of certain licenses; insurance regulation relative to Medicaid and children.........................................HB 1515

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2814

INDEX

ALIMONY AND CHILD SUPPORT (Continued) House Study Committee on the Adoption of the Uniform Interstate Family Support Act; create........................................................................HR 889 Modification of alimony or child support; nonresident jurisdiction...........................HB 576 Noncompliance; limit driver's license issuance............................................................HB 1925 Noncompliance; limit issuance of certain licenses..........................................................SB 411 Paternity determination; genetic testing; child support................................................SB 148 Separate maintenance cases; venue - CA.........................................................................SR 392
ALLEN, DEACON LUTHER H.; commend ..............................................................HR 1227
ALLISON, DAVID CARL "DAVEY"; condolences.................................................HR 1087
ALPHA KAPPA ALPHA SORORITY, INC. Invite president and members to House.........................................................................HR 922
ALPHA LAMBDA CHAPTER OF ALPHA OMICRON PI; commend ...........HR 1185
ALPHARETTA, CITY OF Homestead exemption; certain residents......................................................................HB 1911 Municipal court....................................................................................................................SB 679
ALTAMAHA REGIONAL DEVELOPMENT CENTER AND THE ALTAMAHA AREA AGENCY ON AGING; commend staff .................HR 1172
AMBROSE, MR. AND MRS. JAMES ROBERT; commend..................................HR 699
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICAN ASSOCIATION OF RETIRED PERSONS Declare February 10, 1994, AARP Day at the Capitol.................................................HR 908
AMERICUS, CITY OF; public schools; funding.........................................................HB 2008
AMUSEMENTS Coin operated amusement machines; license and permit fees; repeal certain repealer ...................................................................................................HB 800 Coin operated amusement machines; license fee...........................................................HB 788 Coin operated amusement machines; licensing; exemption .........................................HB 263 Coin operated amusement machines; master license fees..........................................HB 1630 Coin operated amusement machines; sales and use tax; increase one percent to fund education......................................................................HB 613 Equitable Restrooms Act; enact.....................................................................................HB 1644
ANATOMICAL GIFT ACT Driver's License Contribution for Anatomical Gifts Fund; establish.......................HB 1549 Drivers' licenses; reduced fees; anatomical gifts..........................................................HB 1547 Representative ad litem; provisions...............................................................................HB 1075
ANDERSON, ALMA; commend......................................................................................HR 977
ANDREWS, BERNARD ROBERT, JR.; commend..................................................HR 870
ANIMALS Animal Protection Act; veterinarians as pet dealers or kennel.....................................HB 52 Bear parts; prohibition against selling; exception.......................................................HB 2063 Bears; certain killing authorized ......................................................................................HB 112 Bears; killing by owners of beehives; provisions..........................................................HB 1865 Bovine professionals; immunity from liability.............................................................HB 1744 Coyotes; bounties for killing; provisions .......................................................................HB 1896 Dog theft and theft by receiving stolen dog; define offenses....................................HB 1939

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2815

ANIMALS (Continued) Dogs and cats for adoption; sterilization by animal shelter......................................HB 1181 Handicapped persons; guide dogs accompany trainers; authorization.....................HB 1469 Honeybee production; prohibit regulation by local governments .............................HB 1861 Hunting bears; increase bag limit....................................................................................HB 285 Hunting does in certain counties; prohibit.....................................................................HB 245 Llama activities; limitation on civil liability...................................................................SB 571 Pari-mutuel racetracks and wagering; authorize .........................................................HB 1164 Pari-mutuel wagering; General Assembly regulate by law - CA.................................HR 606 Raccoons; open trapping season; certain area..............................................................HB 1984 Riding horse on roadway after dark; penalty...................................................................HB 27 Wild animals; amend provisions; expand list...............................................................HB 1541
APOSTLE ISAIAH REVILLS; commend..................................................................HR 1233
APPEAL AND ERROR Appeals; applications; uniform time..............................................................................HB 1189 Appeals; supersedeas bond; motion in trial court .......................................................HB 1188 Certain domestic relations cases; amend provisions ...................................................HB 2056 Civil practice; court costs ................................................................................................HB 1203 Cross appeal by defendant................................................................................................HB 109 Direct appeal by state; certain delinquency cases; frivolous actions; attorney's fees.................................................................................................HB 1687 Dismissal; nonpayment; affidavit of indigence ...............................................................SB 581 Marijuana; certain violations; probate court jurisdiction..............................................SB 576 Mental health; clinical records; disclosure....................................................................HB 1405 Motion for new trial; time extension..................................................................................SB 33 School Safety and Juvenile Justice Reform Act; enact.................................................SB 440 Trial jury; judge of law and fact; mistrial or reversal.................................................HB 1643
APPEALS, COURT OF Filling of vacancies - CA ...................................................................................................HR 674 Joint session; Governor's message; invite Supreme Court justices and Appeals Court judges...............................................................................HR 655 Judges; compensation.......................................................................................................HB 1398 Judges; election...................................................................................................................HB 136 State Commission on Judicial Compensation; General Assembly create by law - CA.........................................................................................SR 456
APPLING COUNTY Board of commissioners; districts ..................................................................................HB 1138 Board of commissioners; districts ..................................................................................HB 1757 Board of education; districts...........................................................................................HB 1139 Board of education; districts...........................................................................................HB 1756 Board of education; nonpartisan election ........................................................................SB 706 Chief magistrate; nonpartisan election.............................................................................SB 705 Homestead exemption; certain residents .........................................................................SB 678 Probate court judge; nonpartisan election.......................................................................SB 707
APPROPRIATIONS AND FISCAL AFFAIRS Appropriations; authorize Governor to reduce - CA.......................................................HR 94 Appropriations bills; amendments or substitutes; printing requirement...................HB 307 Appropriations; limitations on expenditures - CA........................................................HR 732 Bills or resolutions requiring expenditure of funds by local governments; fiscal note - CA...............................................................................HR 58 Bills raising revenue; approval by voters - CA................................................................HR 12 Board of Regents; limitations upon appropriations - CA............................................HR 555 Budgetary processes; amend provisions ..........................................................................HB 923 Budgetary Responsibility Act of 1993; enact...................................................................HB 41

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2816

INDEX

APPROPRIATIONS AND FISCAL AFFAIRS (Continued) Budgetary Responsibility Oversight Committee; amend provisions.........................HB 1273 Budget estimates; five-year plans; Agency Review Act; enact .........................................SB 5 Budget; limit rate of growth - CA....................................................................................HR 704 Budget planning; certain projects; privatization feasibility..........................................SB 427 Budget reports; estimates of income, receipts, and expenditures.............................HB 1253 Decentralization of state government; provisions........................................................HB 1810 Education Department; five-year budget Act - CA......................................................HR 103 Fair and Open Grants Act of 1993; enact.........................................................................HB 18 Fair and Open Grants Act of 1993; enact.........................................................................HB 36 Fair and Open Grants Act of 1993; enact............................................................................SB 4 Fiscal affairs subcommittees; four-year plans; Program Review Act; enact...........................................................................................................HB 132 Fiscal affairs subcommittees; periodic review of programs; annual report...................................................................................................................HB 427 Fiscal notes; amend provisions .......................................................................................HB 1274 General appropriations; conference committee report; requirements ........................HB 646 General appropriations; FY 1994-95..............................................................................HB 1375 General bills raising revenue; two-thirds vote required - CA........................................HR 92 General bills raising revenue; two-thirds vote required - CA........................................HR 95 General bills raising revenue; two-thirds vote required - CA......................................HR 193 Local Government Unfunded Mandate Procedures Act; enact ...................................SB 661 Lottery proceeds; appropriation for education; amend provisions..............................SB 100 Office of Planning and Budget; annual continuation budget report; provisions................................................................................................SB 188 Office of Planning and Budget; develop plan to downsize government .........................SR 9 Office of Planning and Budget; federal grant information system..............................SB 619 Outdoor luminaries; expenditure for installation; restrictions....................................HB 207 Property; proposed state acquisitions and leases; reports ................................................SB 8 Revenue shortfall reserve; increase; midyear adjustment reserve; education............................................................................................................SB 561 Revenue Stabilization Fund; create ...............................................................................HB 1734 Revenue Stabilization Fund; General Assembly establish - CA .................................HR 895 Supplemental appropriations; FY 1992-93 .....................................................................HB 104 Supplemental appropriations; FY 1992-93.....................................................................HB 177 Supplemental appropriations; FY 1993-94.....................................................................HB 105 Supplemental appropriations; FY 1993-94...................................................................HB 1258 Supplemental appropriations; FY 1993-94...................................................................HB 1259 Supplemental appropriations; FY 1993-94...................................................................HB 1296 Supplemental appropriations; FY 1993-94...................................................................HB 1538 Supplemental appropriations; FY 1994-95...................................................................HB 1260 Supplemental appropriations; FY 1994-95...................................................................HB 1261
ARBOR DAY IN GEORGIA; 102nd anniversary; recognize......................................HR 955
ARCHIVES American Indians; transfer certain functions to commissioner of natural resources......................................................................................................HB 1718 Georgia Historic Preservation Study Commission; create ...........................................HR 441 Unclaimed historic property; disposition; provisions....................................................HB 329
ARRESTS Courts; civil contempt arrest orders; Georgia Crime Information Center network.......................................................................................HB 1119 Criminal procedure; commitment hearings; provisions ................................................HB 325 Law enforcement officers; communicable diseases; threat of transmission................................................................................................................HB 162 Municipal law enforcement officers; transporting prisoners; provisions.........................................................................................................................HB 150

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2817

ARRESTS (Continued) Private security guard; arrest powers...............................................................................SB 287 Probationer arrest; powers of parole officers ...............................................................HB 1317
ARRINGTON, HONORABLE MARVIN S.; invite to House .................................HR 939
ARTS Consignment of Art Act; enact.......................................................................................HB 1868 "Georgia"; designate official state poem.........................................................................HB 783 Joint Historic Dramas Study Committee; create..........................................................HR 875 Joint Study Committee on Historic Dramas; create.....................................................HR 726 Public events; handicapped seating; provisions...........................................................HB 1155 Ticket sales; prohibit scalping; specify service charges on advertisements.........................................................................................................HB 1225 Ticket scalping; prohibit..................................................................................................HB 1285
ATHENS CHRISTIAN SCHOOL 1991-93 Lady Eagles sports teams; commend..............................................................HR 1139 1991-94 Golden Eagles boys sports teams; commend.................................................HR 1138
ATHENS, CITY OF; Upper Oconee Basin Water Authority; create .......................HB 1514
ATKINSON COUNTY; commissioner districts ..........................................................HB 2042
ATLANTA, CITY OF Ad valorem tax; installment payments .........................................................................HB 1581 Atlanta-Fulton County; joint board of tax assessors; repeal Act creating........................................................................................................HB 1289 Atlanta-Fulton Family Connection Authority; create.................................................HB 2031 Campbell, Mayor Bill; invite to House...........................................................................HR 733 Council; amend provisions .................................................................................................SB 321 Council districts..................................................................................................................HB 504 Council districts..................................................................................................................HB 947 Employee complaints of fraud, waste, and abuse; regulations ..................................HB 1986 Fraud, waste, and abuse complaints.................................................................................SB 716 Hartsfield International Airport Overview Committee; create..................................HB 1288 Joint Rhodes Memorial Hall Study Committee; create................................................SR 485 Metropolitan Atlanta Olympic Games Overview Committee; create...........................HR 63 Mixed-use purposes zones; commercial and residential or industrial......................HB 1847 Traffic cases; municipal court provisions; delete applicability to Atlanta City Court............................................................................HB 1872 Traffic court; terms..........................................................................................................HB 1591
ATLANTA JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 809 District attorney's office; compensation..........................................................................HB 279
ATLANTA KNIGHTS HOCKEY TEAM; commend................................................HR 883
ATLANTA MORTGAGE CONSORTIUM; commend............................................HR 1015
ATLANTIC BRIDGES PERFORMERS; commend...............................................HR 1142
ATTORNEY GENERAL Bad check diversion program; establish........................................................................HB 1148 Compensation....................................................................................................................HB 1398 Constitutional officers; employment of private legal counsel......................................HB 819 Employment of private counsel........................................................................................HB 101 Increase salary ...................................................................................................................HB 1431 State or local bonded indebtedness; private legal counsel; selection by competitive bidding..................................................................................HB 740

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2818

INDEX

ATTORNEYS Advertising of legal services; certain disclosure.............................................................HB 524 Attorney General; employment of private counsel........................................................HB 101 Certain professional solicitation; prohibit.....................................................................HB 1305 Child Advocacy Act; enact................................................................................................HB 529 Civil practice; court costs................................................................................................HB 1203 Constitutional officers; employment of private legal counsel......................................HB 819 Courts; certain judicial and county officials; legal counsel........................................HB 1122 Covenants running with the land; repeal certain search requirement .......................HB 974 Criminal proceedings; third-year law students as assistants .......................................HB 190 Direct appeal by state; certain delinquency cases; frivolous actions; attorney's fees.................................................................................................HB 1687 Frivolous actions; motion for attorney's fees; time........................................................SB 637 Representing local government; service as part-time judge..........................................SB 120 Sheriffs; legal defense; provisions.....................................................................................HB 343 State or local bonded indebtedness; private legal counsel; selection by competitive bidding..................................................................................HB 740 Workers' compensation; claimant's award; attorney's fees........................................HB 1211
AUCTIONEERS Exception to provisions ...................................................................................................HB 1878 Pawnbrokers; motor vehicle sales at auction; license ...................................................HB 943
AUDITS AND AUDITORS Audits of insurers; additional requirements...................................................................HB 126 Budget estimates; five-year plans; Agency Review Act; enact.........................................SB 5 Budgetary Responsibility Act of 1993; enact ...................................................................HB 41 College students; tuition grants; provisions..................................................................HB 1418 Economic parity assessment; authorize study by Department of Audits and Accounts.................................................................................................HR 770 Economic parity assessment; authorize study by Department of Audits and Accounts .................................................................................................HR 776 Fiscal affairs subcommittees; four-year plans; Program Review Act; enact...........................................................................................................HB 132 Fiscal affairs subcommittees; periodic review of programs; annual report...................................................................................................................HB 427 Fiscal notes; amend provisions.......................................................................................HB 1274 Local governments; financial audits; expenditure level..............................................HB 1415 Local Government Unfunded Mandate Procedures Act; enact.................................HB 1416 Local Government Unfunded Mandate Procedures Act; enact ...................................SB 661 Retirement bills; cost reduction amendments; actuarial study .................................HB 1780 Retirement bills; cost reduction amendments; actuarial study .................................HB 1793
AUGUSTA CANAL AUTHORITY; commend ...........................................................HR 826
AUGUSTA, CITY OF Augusta-Richmond County Commission-Council; provisions....................................HB 1012 Corporate limits................................................................................................................HB 1782 Corporate limits................................................................................................................HB 1858 Corporate limits; reconstitute council...........................................................................HB 1859 Repeal charter; referendum.............................................................................................HB 1011
AUGUSTA JUDICIAL CIRCUIT; add judge.............................................................HB 957
AULTMAN, ROBERT; commend .................................................................................HR 1184
AUTHORITIES Airport Development Authority; construction; approval............................................HB 1707 Airport Development Authority Law; repeal...............................................................HB 1622 Airport Development Authority; membership; powers...............................................HB 1703

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2819

AUTHORITIES (Continued) Airport Development Authority; projects; public hearing..........................................HB 1731 Airport Development Authority; urge location of next major airport be central to Macon, Albany, and Columbus ...............................................HR 909 Alcoholic beverages; sales by coliseum authorities........................................................HB 131 American Indian tribes; recognition; create housing authorities .................................SB 618 Certain grants; transfer administration to Environmental Facilities Authority.......................................................................................................HB 1262 Division of Energy Resources; create within Environmental Facilities Authority.......................................................................................................HB 1263 Downtown development authorities; directors; terms.................................................HB 1179 Employees' Retirement; Agrirama Development Authority; creditable service ............................................................................................................HB 685 Employees' Retirement; certain hospital authorities; service credit ..........................HB 807 Employees' Retirement; Lake Lanier Islands Development Authority; membership...................................................................................................SB 377 Employees' Retirement; membership; Georgia Music Hall of Fame Authority employees.......................................................................................................HB 632 Excise tax; certain food service establishments.............................................................HB 578 Geo. L. Smith II Georgia World Congress Center; activities on sidewalks; amend provisions....................................................................................HB 700 Geo. L. Smith II Georgia World Congress Center; activities on sidewalks; relative to ................................................................................................HR 402 Geo. L. Smith II Georgia World Congress Center; amend provisions......................HB 1664 Geo. L. Smith II Georgia World Congress Center; amend provisions ........................SB 569 Georgia Agricultural Exposition Authority; venue for actions; Houston County .............................................................................................HB 1191 Georgia Building Authority; method of borrowing money...........................................HB 161 Georgia Ports Authority; membership; provisions ......................................................HB 1559 Georgia Ports Authority; police powers........................................................................HB 1136 Georgia Ports Authority; traffic jurisdiction; certified peace officers.................................................................................................................HB 1729 Georgia Sports Hall of Fame Authority; create...........................................................HB 1187 Hospital authorities; payment for services in certain counties; limitations .......................................................................................................HB 256 Hospital authorities; real property; ad valorem tax......................................................HB 674 Hospital authorities; sovereign immunity .....................................................................HB 1525 Hospital authorities; state grants; public health purposes...........................................HB 183 Housing and finance; law enforcement officers; certain high crime areas............................................................................................................HB 1575 Housing authorities; commissioners and resident commissioners...............................HB 238 Housing authorities; elected official serve as commissioner ......................................HB 1180 Housing authorities; tenant management organizations; contract...............................SB 299 Jekyll Island--State Park Authority; ad valorem tax exemption; leasehold interest......................................................................................HB 1461 Jekyll Island--State Park Authority; limit fee increases.............................................HB 518 Jekyll Island--State Park Authority; membership.......................................................HB 517 Jekyll Island--State Park Authority; restrict certain activities..................................HB 519 Joint development authorities; job tax credits ............................................................HB 1764 MARTA; board of directors; amend provisions...........................................................HB 1452 MARTA; certain interest income; pay operating costs...............................................HB 1451 Music Hall of Fame Authority; subsidiary corporations...............................................SB 525
Open records; exempt certain medical facility...............................................................HB 336
Solid waste management; regional authorities; membership .....................................HB 1750
Sovereign immunity; limited waivers; liability.............................................................HB 2061
State boards; uniform expense allowances....................................................................HB 2064
State parks; certain facilities and services; taxation.....................................................HB 954

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AUTHORITIES (Continued) State Tollway Authority; change name; amend provisions...........................................SB 328 Student Finance Authority; nursing students; scholarships......................................HB 1665
AVIATION Ad valorem tax; recreational personal property; taxable situs....................................HB 478 Aircraft; ad valorem tax; return in primary home base county ................................HB 1654 Aircraft; certain casual sales; sales tax..........................................................................HB 1172 Airport Development Authority; construction; approval............................................HB 1707 Airport Development Authority Law; repeal...............................................................HB 1622 Airport Development Authority; membership; powers...............................................HB 1703 Airport Development Authority; projects; public hearing..........................................HB 1731 Airport Development Authority; urge location of next major airport be central to Macon, Albany, and Columbus ...............................................HR 909 Certain carriers, major components, and replacement parts; sales tax exemption........................................................................................................HB 176 Employees' Retirement; certain pilots; additional credit...........................................HB 1086 Gifford, Major William; recommend induction into Georgia Aviation Hall of Fame .................................................................................................HR 1161 Hartsfield International Airport Overview Committee; create..................................HB 1288 Liens on aircraft; labor, materials, contracts of indemnity........................................HB 1400 Museum; hotel and motel tax.........................................................................................HB 1241 Museum of Aviation; urge designating building as Roy H. (Sonny) Watson, Jr., Building......................................................................................HR 986 Museum of Aviation; urge designating building in honor of Roy H. (Sonny) Watson, Jr..........................................................................................HR 875 Special purpose sales tax; aviation projects...................................................................HB 727

B

BACON COUNTY Board of education; compensation.................................................................................HB 2037 Homestead exemption; certain residents.........................................................................SB 683
BAIL Aggravated stalking; redefine..........................................................................................HB 1571 Anti-motor Vehicle Hijacking Act of 1994; enact........................................................HB 1080 Bailable offenses; family violence or protective order violation; remove from schedule.................................................................................HB 1303 Bailable offenses; family violence or protective order violation; remove from schedule....................................................................................SB 466 Bail bond business; repeal certain prohibition ............................................................HB 1099 Bail bonds; sureties approval board ..................................................................................HB 50 Criminal procedure; commitment hearings; provisions ................................................HB 325 Criminal procedure; property bond; nonresident........................................................HB 1432 Driver's license forfeiture by failure to appear; reinstatement fees .............................HB 28 Family violence; hearings; protective orders...................................................................SB 555 Forfeiture; bad check prosecution in magistrate courts...............................................HB 326 Sheriffs; deposits in interest-bearing accounts ............................................................HB 1499 Stalking and aggravated stalking; define offenses; conditions for pretrial release.........................................................................................HB 37 Stalking; redefine..............................................................................................................HB 1572
BAILEY, COL. L. R. "BOB"; commend......................................................................HR 1149
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2821

BAILEY, PRESTON T. "P. T.", JR.; condolences....................................................HR 1237
BAINBRIDGE "BEARCAT" BAND; commend ........................................................HR 759
BAKER, HONORABLE ROBERT B. "BOBBY", JR.; commend.......................HR 1234
BALDWIN COUNTY Convey property..................................................................................................................SR 547 Grant easement....................................................................................................................SR 467 Homestead exemption......................................................................................................HB 1649 Homestead exemptions; certain residents.....................................................................HB 2020
BALKCOM, HONORABLE RALPH M., SR.; condolences.....................................HR 879
BANKING AND FINANCE Ad valorem tax; payment by credit card........................................................................HB 513 Automated teller machines; safety...................................................................................HB 884 Bad check diversion program; attorney General establish.........................................HB 1148 Bad check issuance; postdated check; applicability ......................................................HB 467 Bad checks; present consideration; definition.................................................................SB 223 Bad checks; prosecution in magistrate courts; forfeiture of bonds.............................HB 326 Code of Georgia; interest; extensive revision of provisions........................................HB 1371 Corporations; officers' liability for tax penalty or interest ..........................................HB 272 Counties and boards of education; designated depositories .........................................SB 537 Deposit account fraud and debit card fraud; define offenses....................................HB 1677 Domestic stock insurance companies; preferred stock; authorize issuance............................................................................................................SB 694 Financial institutions; amend provisions......................................................................HB 1676 Insurance; credit life or credit accident and sickness; regulations .............................HB 754 Interstate banking; amend provisions; bank holding companies .................................SB 451 Mortgage lenders and mortgage brokers; licensing; amend provisions ....................HB 1636 Mortgage lenders and mortgage brokers; licensing; amend provisions .......................SB 106 Public assistance; electronic transfer of benefits...........................................................HB 615 Public assistance; food stamps; electronic transfer of cash equivalent......................HB 892 Residential Security Deed Act; enact...............................................................................SB 105 Tax levy; accounts with financial institutions ...............................................................HB 275
BANKRUPTCY; exempt individual retirement accounts..........................................HB 1830
BANKS COUNTY; grant easement..................................................................................SR 463
BANKS, ROSEMARY MCBRIDE; commend..........................................................HR 1221
BARBER, HONORABLE MAC; commend................................................................HR 1244
BARBER, MRS. JANETTE MCGARITY Place portrait in capitol.....................................................................................................HR 967 Place portrait in capitol...................................................................................................HR 1035
BARBERS Barbershops; licensing provision; apprentices..............................................................HB 1114 Mobile barbershops; regulate............................................................................................HB 354
BARNESVILLE, CITY OF; amend charter................................................................HB 2025
BARROW COUNTY Lease property...................................................................................................................HR 1003 Upper Oconee Basin Water Authority; create.............................................................HB 1514
BARTOW COUNTY Cherokee Judicial Circuit; judges and district attorney; supplement......................HB 1974 Convey property..................................................................................................................HR 357

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BARTOW COUNTY (Continued) Homestead exemption; certain residents......................................................................HB 1959 Homestead exemption; certain residents......................................................................HB 1960 Homestead exemption; certain residents......................................................................HB 1961 Homestead exemption; certain residents......................................................................HB 1962
BEAUTY PAGEANTS; amend provisions.....................................................................HB 965
BEAVERS, REVEREND ROBERT L. "JACKEY"; commend..............................HR 915
BECK, JULIE; commend.................................................................................................HR 1071
BEER (See Alcoholic Beverages and Alcoholism)
BELLAMY, WALT "BELLS"; invite to House...........................................................HR 390
BEN HILL COUNTY Board of education; nonpartisan elections....................................................................HB 1733 Board of elections and registration; create...................................................................HB 1739 Cordele Judicial Circuit; judges; salary supplement...................................................HB 1915
BENNETTE, REVEREND FRED C., JR.; condolences.........................................HR 1207
BENTLEY, GEORGE W., Ill; commend.......................................................................HR 917
BEVERAGE CONTAINERS Alcoholic beverages; open container in vehicle; testing of driver ................................SB 549 Alcoholic beverages; prohibit open container in possession of front-seat passenger in motor vehicle......................................................................SB 128 Beverage sales; prohibit non-returnable containers ....................................................HB 1247 Multiple beverage containers; certain nonbiodegradable packaging; prohibit.........................................................................................................HB 203 Nonreturnable; prohibitions..............................................................................................HB 369
B-52'S; commend..................................................................................................................HR 803
BIBB COUNTY Civil service system and board; amend provisions......................................................HB 1964 Grant easement....................................................................................................................SR 467 Keep Macon-Bibb Beautiful Commission, city and county officers, and Cherry Blossom Festival Board; invite to House ...............................HR 752
BICYCLES Bike-to-Work Day in Georgia; recognize May 17, 1994................................................HR 877 Cycling on roadways; exceptions to right side requirement........................................HB 827 Jester's Creek Bicycle Trail in Clayton County; support development.....................HR 348 Trails within historic districts; hotel and motel tax...................................................HB 1241
BINGO Limitation on prize amounts ..........................................................................................HB 1532 Nonprofit organizations; nonmember employment.....................................................HB 1182 Prizes; maximum amount...................................................................................................SB 114 Recreational bingo; definition; operation by nonprofit organizations......................HB 1183 Recreational bingo; operation by nonprofit organizations............................................SB 439 Recreational bingo; provisions.............................................................................................SB 24 Recreational bingo; redefme............................................................................................HB 2049
BIRD, CLAUDE E., JR. Commend.............................................................................................................................HR 934 Commend.............................................................................................................................HR 935
BLACK HISTORY MONTH; designate February of each year.................................SB 589

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2823

BLACKSHEAR, CITY OF; municipal utilities...........................................................HB 1919
BLACKWELL, MAJOR GENERAL PAUL E. Commander of Ft. Stewart; invite to House..................................................................HR 769
BLAKELY, CITY OF; new charter...............................................................................HB 1845
BLANTON, VALLYE Commend.............................................................................................................................HR 839 Invite to House ...................................................................................................................HR 880
BLASTING Blasters; licensing provisions............................................................................................HB 866 Blasting on property adjacent to residential property; quarries.................................HB 973
BLIND PERSONS Abuse by caretaker; urge certain reporting....................................................................HR 965 Aged and Disabled Transportation Task Force; create................................................HR 921 Blind Persons' Literacy Rights and Education Act; enact..........................................HB 492 Disabled persons; family and individual support plan; urge development............................................................................................................HR 808 Driver's license exams; users of bioptic lenses.............................................................HB 1840 Guide dogs accompany trainers; authorization............................................................HB 1469 Handicapped parking law; persons who may enforce.................................................HB 2007 Handicapped parking monitors; prohibit interference ..................................................SB 462 Handicapped parking privileges; certain Medicaid transportation...........................HB 1546 Income tax credit; builders of handicapped accessible residences............................HB 1811 Income tax credit; certain builders; handicapped standards .....................................HB 1685 Office of Sensory Affairs; create .......................................................................................SB 521 Private residences; handicapped accessibility ................................................................HB 812 Private residences; physically handicapped access......................................................HB 1154 Public events; handicapped seating; provisions...........................................................HB 1155 Public facilities; handicapped accessibility.....................................................................HB 865
BLOUNT, MELVIN CARNELL; invite to House....................................................HR 1047
BLUE RIDGE MOUNTAIN ELECTRIC MEMBERSHIP CORPORATION; invite superintendent to House....................................................HR 846
BLUFFTON, CITY OF; new charter............................................................................HB 1448
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA College students; tuition grants; provisions..................................................................HB 1418 Education; percentage of state budget; limit - CA.........................................................SR 413 Four-year college in Gordon County; appoint committee to study need....................HR 60 Full-time employees; urge tuition remission..................................................................HR 388 Graduate programs in education; urge Board of Regents reexamine admission requirements..............................................................................HR 963 Historically Black Colleges Day in Georgia; declare February 17, 1994....................HR 960 Kennesaw State College; urge expansion of graduate level programs in education ...................................................................................................HR 347 Limit certain appropriations...........................................................................................HB 1149 Limitations upon appropriations - CA............................................................................HR 555 Outstanding Scholars on Academic Recognition Day; commend..............................HR 1162 Postsecondary technical schools; oppose transfer of authority to Board of Regents....................................................................................HR 1176 Regents Retirement Plan; employee contributions.....................................................HB 1723 State negotiated contracts; cooperative hospital services organizations...................................................................................................HB 1991 Student Finance Authority; nursing students; scholarships......................................HB 1665 Unclaimed historic property; disposition; provisions ....................................................HB 329

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2824

INDEX

BOATS Ad valorem tax; taxable situs...........................................................................................HB 478 Boat Safety Act; amend provisions...................................................................................SB 601 Certain carriers, major components, and replacement parts; sales tax exemption........................................................................................................HB 176 Certain casual sales; sales tax; applicability.................................................................HB 1172 Certain safety violations; jurisdiction; probate courts ..................................................HB 710 Certificates of number; fees............................................................................................HB 1714 Gambling on "voyages to nowhere"; prohibit................................................................HB 898 Joint Study Committee on Recreational River Use; create.........................................HR 984 Prohibit operation without driver's or learner's license.............................................HB 1184 Right of operation; waters of state ................................................................................HB 1935
BOLDEN, WAYNE; commend .........................................................................................HR 831
BONDS Bail bond business; repeal certain prohibition ............................................................HB 1099 Bail bonds; sureties approval board ..................................................................................HB 50 Beauty pageants; amend provisions.................................................................................HB 965 Conditioned air contractor or plumber; provisions........................................................SB 669 Construction contractors; compliance bonds...................................................................SB 499 Construction contractors; payment bonds or security deposits...................................HB 545 Criminal procedure; commitment hearings; provisions ................................................HB 325 Criminal procedure; property bond; nonresident........................................................HB 1432 DUI alcohol and drug use risk reduction programs; requirements for operation..........................................................................................HB 1399 Erosion and sedimentation; land-disturbing activity; amend provisions....................SB 608 Forfeiture; bad check prosecution in magistrate courts...............................................HB 326 Notaries public; performance bonds..............................................................................HB 1319 Promotional contests; sponsors; bond requirements......................................................SB 540 Revenue bonds; telecommunications systems; provisions..........................................HB 1145 Sheriffs and deputies; bonds conditioned on faithful accounting.............................HB 1667 Sheriffs; deposits in interest-bearing accounts ............................................................HB 1499 State depositories; certain securities; collateral to secure public deposits.....................................................................................................SB 602 State or local bonded indebtedness; private legal counsel; selection by competitive bidding..................................................................................HB 740 Tax executions; demand by tax collector for payment or security bond.................HB 1267
BONNETT, NEIL;condolences........................................................................................HR 994
BORDERS, REVEREND WILLIAM HOLMES, SR.; condolences......................HR 913
BOSCH, GERRY; commend..............................................................................................HR 785
BOUNDARIES Georgia and South Carolina boundary; survey and mapping.......................................SB 572 Minimum distance between municipalities; exception.................................................HB 605
BRADSHAW, MAYOR CHARLES; commend.........................................................HR 1173
BRANTLEY COUNTY; homestead exemption; certain residents..............................SB 684
BREEDLOVE, DOROTHY JACKSON; commend..................................................HR 1000
BREMEN CHURCH OF CHRIST; commend elders.................................................HR 731
BREWSTER, EDDIE LEE; commend.........................................................................HR 1022
BROOKS, CHARLES P.; condolences..........................................................................HR 1153
BROOKS COUNTY; convey property ............................................................................HR 744

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2825

BROOKS, HONORABLE TYRONE; communication...............................................Page 64
BROTE, HENRY; commend .............................................................................................HR 828
BROWN, AMY; commend..................................................................................................HR 687
BROWN, RONALD E.; commend .................................................................................HR 1200
BRYAN COUNTY Lease property.....................................................................................................................HR 842 200th anniversary; recognize...........................................................................................HR 1056
BUCHANAN, JACK P., SR.; commend......................................................................HR 1204
BUCK, HONORABLE THOMAS B., Ill; committee chairman; appointment.....Page 42
BUCK, MATT; invite to House.......................................................................................HR 1078
BUDGET (See Appropriations and Fiscal Affairs)
BUENA VISTA, CITY OF Entertainment Capital of Southwest Georgia; recognize..............................................HR 757 Georgia Chicken Cookin' Championship and Southern Foods Festival; designate Buena Vista and Marion County official site...........................HR 749
BUILDINGS AND HOUSING Ad valorem tax; certain low-income housing exemption - CA.....................................SR 407 Ad valorem tax; certain low-income housing renovation exemption - CA................HR 775 Ad valorem tax; separate class for redevelopment - CA..............................................HR 663 American Indian tribes; recognition; create housing authorities .................................SB 618 Binding Arbitration and Warranty Disclosure Statement; provide..........................HB 1608 Building codes; extensively revise provisions.................................................................HB 505 Building codes; state minimum standards; converted railroad cars...........................HB 939 Code violation; nonresident owner; service of process................................................HB 1820 Counties or municipalities; fair rent commission; create...............................................HB 98 Covenants running with the land; planned subdivision amendments......................HB 1112 Division of Energy Resources; create within Environmental Facilities Authority.......................................................................................................HB 1263 Equitable Restrooms Act; enact.....................................................................................HB 1644 Food service establishment; nonsmoking area...............................................................HB 791 General contractors; licensure.........................................................................................HB 1224 General contractors; licensure.........................................................................................HB 1239 Home improvement loans; security instrument; provisions.........................................HB 694 Home inspectors; definition; provisions...........................................................................SB 143 Housing Affordability Impact Note Act; enact...............................................................SB 591 Housing and finance; law enforcement officers; certain high crime areas............................................................................................................HB 1575 Housing authorities; commissioners and resident commissioners...............................HB 238 Housing authorities; elected official serve as commissioner......................................HB 1180 Housing authorities; tenant management organizations; contract...............................SB 299 Income tax credit; builders of handicapped accessible residences............................HB 1811 Income tax credit; certain builders; handicapped standards.....................................HB 1685 Insurance; motor vehicle and homeowner's policies; nonrenewal prohibitions ..............................................................................................HB 1689 Landlord and tenant; tenant organizations..................................................................HB 1537 Mobile homes and mobile home parks; regulate.........................................................HB 1293 Mobile homes; real property; certificate of title..........................................................HB 1233 Private residences; handicapped accessibility................................................................HB 812 Private residences; physically handicapped accessibility...........................................HB 1154 Public facilities; handicapped accessibility.....................................................................HB 865 Schools; standard building plans; state Board of Education compile........................HB 460

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2826

INDEX

BUILDINGS AND HOUSING (Continued) Smoke detectors; requirements .........................................................................................SB 530 Structural pest control contracts; include Formosan termites..................................HB 1655 Water closets for females; urge increase in minimum number...................................HR 705
BURKE COUNTY; board of elections and registration; create................................HB 1969
BURKHALTER, HONORABLE MARK; committee assignment ..........................Page 44
BURTON, NANCY MEWBORN; invite to House....................................................HR 1025
BUSINESS AND OCCUPATION TAX Business licenses; exempt certain Olympic and Paralympic persons..........................SB 414 Income tax credit; child care or dependent care expenses...........................................HB 438 Levy by counties and municipalities; clarification......................................................HB 1613 Practitioner's office; certain contractors.........................................................................HB 154
BUTTS COUNTY Board of commissioners; amend provisions..................................................................HB 1565 Board of commissioners; amend provisions..................................................................HB 2015 Board of commissioners; compensation.........................................................................HB 1587 Board of education; amend provisions..........................................................................HB 1564
BYNE LADY SAINTS BASKETBALL TEAM; commend .................................HR 1083
BYRD, MARCUS; commend...........................................................................................HR 1019

CALHOUN COUNTY; sheriff; compensation..............................................................HB 1580
CALLIN, DORIS; commend .............................................................................................HR 690
GALLOWAY, REVEREND STANLEY; commend...................................................HR 738
CALVARY CHILDREN'S HOME; commend...........................................................HR 1150
CAMDEN COUNTY; board of commissioners; election ............................................HB 1146
CAMILLIA FESTIVAL MONTH Designate February; invite representatives to House...................................................HR 798
CAMP CREEK ELEMENTARY SCHOOL; commend..........................................HR 1103
CAMPAIGN AND FINANCIAL DISCLOSURE Code of Fair Campaign Practices; provisions.................................................................HB 469 Code of Fair Campaign Practices; provisions.................................................................HB 977 Constitutional amendments; contributions to influence voter approval or rejection....................................................................................................HB 1199 Campaign contributions; General Assembly; prohibit during session......................HB 1508 Campaign contributions; prohibit currency and coins................................................HB 1279 Campaign contributions; prohibit currency and coins; exception.............................HB 1280 Campaign contributions; statement of purpose...........................................................HB 1437 Elections; amend provisions..............................................................................................HB 297 Elections; campaign committees; reporting requirements..........................................HB 1556 Elections; code of conduct for candidates ....................................................................HB 1231 Financial disclosure; amend provisions...........................................................................HB 766 Financial disclosure reports; late filing fee.....................................................................HB 171
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2827

CAMPAIGN AND FINANCIAL DISCLOSURE (Continued) Financial disclosure statements; public officers.............................................................HB 644 Lobbyist disclosure; applicability to local officers and employees ...........................HB 1298 Lobbyist disclosure; certain public officers; change definition....................................HB 773 Lobbyist disclosure; definitions........................................................................................HB 760 Lobbyist disclosure reports; requirement.......................................................................HB 432 Political action committees; connected organization ....................................................HB 907 Political contributions by corporations; prohibit...........................................................HB 151 Public Safety Department; employee participation in political campaigns; repeal prohibition.....................................................................HB 1333 Substantial revision of provisions.....................................................................................SB 657
CAMPBELL, MILTON; commend ...............................................................................HR 1210
CANDIDATES Campaign contributions; disclosure reports; late filing fee..........................................HB 171 Campaign contributions; prohibit currency and coins................................................HB 1279 Campaign contributions; prohibit currency and coins; exception.............................HB 1280 Code of Fair Campaign Practices; provisions.................................................................HB 469 Code of Fair Campaign Practices; provisions.................................................................HB 977 Driving under the influence offense; constitute moral turpitude; prohibit holding office - CA.......................................................................HR 844 Elections; amend provisions..............................................................................................HB 297 Elections; amend provisions..............................................................................................HB 897 Elections; campaign committees; reporting requirements..........................................HB 1556 Elections; code of conduct...............................................................................................HB 1231 Elections; code of ethics ....................................................................................................HB 598 Elections; county officials; nonpartisan.........................................................................HB 1540 Elections; delivery of returns ............................................................................................HB 396 Elections; majority vote; exception for federal office .....................................................HB 54 Elections; notice of certain federal candidacy; ballot...................................................HB 494 Elections; plurality vote; exception; straight party voting............................................SB 680 Elections; prohibited activities; posting notice at polling place..................................HB 370 Ethics in government; campaign and personal financial disclosure and lobbyist reporting; substantial revision of provisions .....................................................................................................................SB 657 Financial disclosure; amend provisions...........................................................................HB 766 Financial disclosure reports; late filing fee.....................................................................HB 171 Financial disclosure statements; public officers.............................................................HB 644 General Assembly members; fees or honoraria..............................................................HB 448 Lobbyist disclosure; applicability to local officers and employees ...........................HB 1298 Lobbyist disclosure; certain public officers; change definition....................................HB 773 Lobbyist disclosure; definitions........................................................................................HB 760 Lobbyist disclosure reports; requirement.......................................................................HB 432 Municipal elections; runoffs; date..................................................................................HB 1204 Nomination and qualifying petitions; amend provisions..............................................HB 606 Nonpartisan elections for consolidated governments; provisions..............................HB 1215 Political action committees; connected organization ....................................................HB 907 Political contributions by corporations; prohibit...........................................................HB 151 Political party candidates; posting of list.....................................................................HB 1857 Registrars; nomination or election to office ...................................................................HB 304 Special elections; General Assembly and congressional vacancies; time for holding..........................................................................................HB 1785 State Marketing in the Public Interest Act; enact......................................................HB 1362 Superior court judges; nonpartisan elections; plurality; ballots................................HB 1026 U. S. senators and representatives from Georgia, General Assembly, and elected state officials; term limitations - CA.....................................HR 11 U. S. senators and representatives from Georgia; term limitations............................HB 331

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2828

INDEX

CANDIDATES (Continued) Withdrawal at general election; provisions.....................................................................HB 609 Withdrawal of nominated candidate...............................................................................HB 376
CANDLER COUNTY Middle Judicial Circuit; judges; miscellaneous expenses............................................HB 1988
CANON, CITY OF; new charter........................................................................................SB 633
CARITHERS, HELEN; commend.................................................................................HR 1202
CARLTON H. COLWELL PROBATION DETENTION CENTER; designate .........................................................................................................HR 863
CARROLL COUNTY; motor vehicles; designated registration periods ..................HB 1592
CASON, JIM; condolences...............................................................................................HR 1130
CATOOSA COUNTY Probate court judge and superior court clerk; clerical help.......................................HB 1856
CAUSEY, W. JACK; commend......................................................................................HR 1061
CAVE SPRING, CITY OF; corporate limits...............................................................HB 1989
CEDARTOWN, CITY OF; new charter........................................................................HB 1884
CEMETERIES American Indians; protection of burial objects; recognize tribes ................................HB 725 American Indians; transfer certain functions to commissioner of natural resources......................................................................................................HB 1718 Conservation use property; certain transfers ...............................................................HB 1438 Criminal desecration to burial grounds; define offense..............................................HB 1271 Monuments Protection Act; enact...................................................................................HB 553 Nonperpetual care; exempt from registration ................................................................HB 641 Preneed registration; plat of property...........................................................................HB 1396
CENTERVILLE, CITY OF; homestead exemption; certain residents....................HB 1606
CERTIFICATE OF TITLE (See Motor Vehicles and Traffic)
CERTIORARI Appeals; cross appeal by defendant.................................................................................HB 109 Appeals; motion for new trial; time extension ..................................................................SB 33 Direct appeal by state; certain delinquency cases; frivolous actions; attorney's fees.................................................................................................HB 1687
CHAMBERS, CHARLES A.; honor memory..............................................................HR 1256
CHANDLER, DR. JOYCE; commend............'..............................................................HR 1111
CHAPLAINS, HOUSE OF REPRESENTATIVES Anderson, Reverend Robert..............................................................................................Page 64 Bingham, Reverend Steve.............................................................................................Page 2407 Boyd, Reverend James E................................................................................................Page 436 Butler, Reverend Don......................................................................................................Page 698 Byerly, Reverend Tom...................................................................................................Page 1681 Callaway, Reverend Brant, III..........................................................................................Page 47 Calloway, Reverend Stanley .........................................................................................Page 1031 Daniel, Reverend Perky........................,........................................................................Page 1194 Dyer, Dr. Jim..................................................................................................................Page 1746 Gardner, Reverend William E........................................................................................Page 395 Goodman, Rabbi Arnold M............................................................................................Page 942

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2829

CHAPLAINS, HOUSE OF REPRESENTATIVES (Continued) Greene, Reverend Wesley E., Sr..................................................................................Page 1415 Grenpastures-Doty, Reverend Adei-Mai.....................................................................Page 2178 Harrell, Reverend William F........................................................................................Page 1360 Herring, Reverend Edward A.........................................................................................Page 286 Jenkins, Reverend Hoyt..................................................................................................Page 804 Kirby, Dr. F. Hugh...........................................................................................................Page 630 Maddox, Lt. Col. Fred L...................................................................................................Page 80 McCoy, Reverend Ken.....................................................................................................Page 224 Mooneyhan, Reverend James B............................................,......................................Page 1478 Nelson, Reverend Ed .....................................................................................................Page 2027 Odum, Reverend Matthew M.........................................................................................Page 584 Parker, Reverend Herman B..............................................................................................Page 1 Pickerill, Reverend Don ..................................................................................................Page 109 Powers, Reverend Frank.................................................................................................Page 474 Rogers, Reverend P. Alice...............................................................................................Page 910 Rollins, Reverend Beverly D........................................................................................Page 1139 Ruclor, Reverend Raleigh .............................................................................................Page 1308 Smith, Reverend Tim....................................................................................................Page 1574 Storey, Reverend Sam A.................................................................................................Page 256 Thomas, Reverend Gary..................................................................................................Page 755 Thompson, Reverend Tony, Jr.......................................................................................Page 980 Tillman, Reverend Thurmond Neill..............................................................................Page 845 Tripp, Dr. Marcus V......................................................................................................Page 1929 Wardlaw, Reverend Theodore J.....................................................................................Page 512 Weniger, Reverend Dennis..............................................................................................Page 319 Whitaker, Reverend Dan...............................................................................................Page 1089 Wright, Brother Howard...............................................................................................Page 1791
CHARITIES Ad valorem tax; conservation use property; transfers ................................................HB 1246 Ad valorem tax; conservation use property; transfers ................................................HB 1438 Bingo by nonprofit organizations; nonmember employment.....................................HB 1182 Charitable fund; paid solicitor; certified financial statement......................................HB 240 Charitable solicitations; law enforcement related organizations..................................SB 611 Charitable solicitations; other than face to face; requirements....................................SB 582 Flea markets; records .......................................................................................................HB 1195 Raffles by nonprofit organizations; lawful but regulated - CA ...................................HR 888 Raffles by nonprofit organizations; provisions - CA.....................................................HR 133 Raffles by nonprofit organizations; provisions - CA.....................................................HR 309 Raffles by nonprofit organizations; provisions - CA.....................................................HR 434 Raffles by nonprofit organizations; provisions - CA......................................................SR 107 Recreational bingo; definition; operation by nonprofit organizations......................HB 1183 Recreational bingo; operation by nonprofit organizations ............................................SB 439 Sales tax exemption; certain charitable fund-raisers..................................................HB 1582 State employees; payroll deductions; eligible voluntary charitable organization.................................................................................................HB 1439 Torts; volunteer architects and engineers; immunity .................................................HB 1310
CHARLTON COUNTY Commissioner districts........................................................................................................SB 692 Education districts ..............................................................................................................SB 693
CHASE, CHARLIE AND LORIANNE CROOK; commend.................................HR 1044
CHATHAM COUNTY Certain officials; compensation.......................................................................................HB 1753 Chief magistrate; nonpartisan election............................................................................HB 931 Coastal Georgia International and Maritime Trade Center; provisions.....................SB 415

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INDEX

CHATHAM COUNTY (Continued) Commissioner districts........................................................................................................SB 655 Community improvement districts; create ......................................................................SB 640 Education districts ..............................................................................................................SB 656 Intergovernmental Council; repeal Act creating..........................................................HB 1133 Lease property.....................................................................................................................HR 819 Lease property...................................................................................................................HR 1002 Magistrate court judges; election ...................................................................................HB 1275 Probate judge; nonpartisan election................................................................................HB 932 Recorder's court judge; nonpartisan election.................................................................HB 933 Recreation authority; create...............................................................................................SB 641 Savannah-Chatham County Anti-Drug Commission; repeal Act creating...............HB 1098 Savannah-Chatham County; board of tax assessors; repeal certain Act.....................SB 516 Trial Judges and Solicitors Retirement; Recorder's Court of Chatham County......................................................................................................HB 1774
CHATTOOGA COUNTY; convey property ....................................................................SR 470
CHECKS (Also, see Banks and Banking or Financial Institutions) Bad check diversion program; Attorney General establish........................................HB 1148 Bad check issuance; postdated check; applicability......................................................HB 467 Bad checks; present consideration; definition.................................................................SB 223 Bad checks; prosecution in magistrate courts; forfeiture of bonds.............................HB 326 Deposit account fraud and debit card fraud; define offenses....................................HB 1677 Financial institutions; amend provisions......................................................................HB 1676 Income tax; confidentiality of returns; exception..........................................................HB 273 Tax information; confidentiality......................................................................................HB 270
CHEROKEE COUNTY Board of education; per diem.........................................................................................HB 1967 Board of education; per diem.........................................................................................HB 2052 Homestead exemption; certain residents......................................................................HB 1968 Property Tax Structure Study Committee; create......................................................HR 1039
CHEROKEE DAY TRAINING CENTER, INC.; commend.................................HR 1028
CHEROKEE JUDICIAL CIRCUIT Judges and district attorney; supplement.....................................................................HB 1974
CHESTER, CHATELE' ANTIONETTE; commend..................................................HR 855
CHILD ABUSE Access to records by child-placing agencies.................................................................HB 1322 Child abuse protocol; adoption by judicial circuit committee......................................SB 492 Child custody proceedings; allegations of abuse; investigations................................HB 1465 Civil actions; limitation; childhood sexual abuse...........................................................HB 236 Day care; employee records check; alleged child abuser...............................................SB 468 Evidence; report to district attorney...............................................................................HB 530 Peace officers; training; include crimes against children ..............................................SB 494 Quality basic education; child abuse prevention education; require course................................................................................................................HB 1064 Registry; hearing before accused's name is added.......................................................HB 1351 Sexual offenses; definitions.............................................................................................HB 1331 Victim advocates report...................................................................................................HB 1873
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Amend provisions ...............................................................................................................HB 575 Death of custodial parent; child 14 years or older ........................................................HB 483 Domestic relations action; definition; court order.........................................................HB 679 Domestic relations; certain actions; seminar.....................................................................SB 63

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2831

CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) (Continued) Grandparents visitation rights; amend provisions.......................................................HB 1425 Grandparents visitation rights; ex-affines grandparents ..............................................HB 573 Juvenile proceedings; amend provisions .........................................................................HB 531 Juvenile proceedings; deprived child; legal custody....................................................HB 1087 Proceedings; allegations of abuse; investigations.........................................................HB 1465 Temporary award; court authorization .............................................................................HB 10
CHILD SUPPORT (See Alimony and Child Support)
CHIROPRACTORS Certain professional solicitation; prohibit.....................................................................HB 1305 Clinical laboratories; request for examination of human specimens..........................HB 247 Scope of practice.................................................................................................................HB 196
CHRISTIAN MINISTER'S ALLIANCE, INC. Commend.............................................................................................................................HR 933 Commend.............................................................................................................................HR 968
CIGARS AND CIGARETTES Day-care facilities; prohibit smoking................................................................................SB 471 Excise tax; increase...........................................................................................................HB 1007 Excise tax; tobacco products other than cigars and cigarettes....................................HB 681 Food service establishment; nonsmoking area...............................................................HB 791 Leaf tobacco sales; warehousemen's maximum charges; repeal................................HB 1344 Revenue Department; enforcement officer; retain weapon or badge on retirement.......................................................................................................HB 311 Smoking in public buildings; prohibit.............................................................................HB 319 Smoking in public places; prohibitions...............................................................................HB 3 Tobacco products; possession by minor under age 18..................................................HB 638 Tobacco products; sales locations; Department of Human Resources inspect...........................................................................................HB 1618
CITY COURTS (See Courts or Municipalities)
CITY OF CORTONA, ITALY; commend...................................................................HR 1095
CIVIL PRACTICE Action for trespass or damage to realty; hazardous material......................................HB 599 Appeals; supersedeas bond; motion in trial court.......................................................HB 1188 Boards of equalization; unsatisfactory decision; arbitration......................................HB 1656 Change of venue................................................................................................................HB 1299 Civil actions; limitation; childhood sexual abuse...........................................................HB 236 Court costs.........................................................................................................................HB 1203 Court reporters; disqualification for interest; contracts for service..........................HB 1321 Dismissal of certain actions; time.......................................................................................SB 32 Evidence; depositions; amend provisions......................................................................HB 1417 Expert witnesses; qualification provisions; malpractice action .................................HB 1025 Frivolous actions; attorney's fees; direct appeal by state; certain delinquency cases............................................................................................HB 1687 Frivolous actions; motion for attorney's fees; time........................................................SB 637 Judgment liens; property possessed by purchaser for 4 years.......................................HB 72 Juries; civil actions; dollar amount..................................................................................HB 200 Juries; civil actions; dollar amount.....................................................................................SB 62 Magistrate courts; civil cases; monetary jurisdiction..................................................HB 1696 Nonresident jurisdiction; child support or alimony modification...............................HB 576 Nursing homes; notification of impending survey; penalties........................................SB 563 Sexual offenses; amend provisions...................................................................................HB 666 Sexual offenses; definitions.............................................................................................HB 1331 Transfer of actions from superior to state court.............................................................HB 43

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CLARK HARRISON STATE OFFICE BUILDING; designate.............................SR 248
CLARKE COUNTY; Upper Oconee Basin Water Authority; create .......................HB 1514
CLARKE, HONORABLE HAROLD G.; commend .................................................HR 1249
CLAY COUNTY Board of commissioners; amend provisions..................................................................HB 1631 Board of education; amend provisions..........................................................................HB 1688
CLAYTON, CITY OF Clayton-Rabun County Water and Sewer Authority; financing...............................HB 2005
CLAYTON COUNTY Airport authority; create.....................................................................................................SB 616 Board of education; compensation.................................................................................HB 2001 Civil service system; establish.........................................................................................HB 2003 Clayton Judicial Circuit; court reporters; compensation............................................HB 1996 Clayton Judicial Circuit; district attorney; supplement.............................................HB 2000 Clayton Judicial Circuit; judges; supplement...............................................................HB 1994 Commission chairman; compensation............................................................................HB 2004 Coroner; compensation.....................................................................................................HB 2002 Jester's Creek Bicycle Trail; support development.......................................................HR 348 Olympic Coordinating Committee; support; 1996 Women's Fast-Pitch Softball Event; endorse bid.......................................................................HR 149 Probate court judge; compensation................................................................................HB 1999 Sheriff; salary....................................................................................................................HB 1997 State court; deposits for advance costs............................................................................SB 617 State court judges; compensation .....................................................................................SB 180 State court solicitor; compensation...................................................................................SB 185 Superior court clerk; salary.............................................................................................HB 1998 Tax commissioner; salary................................................................................................HB 1995
CLAYTON JUDICIAL CIRCUIT Court reporters; compensation .......................................................................................HB 1996 District attorney; supplement.........................................................................................HB 2000 Judges; supplement..........................................................................................................HB 1994
"CLEAN WATER WEEK" IN GEORGIA Designate third week in October annually......................................................................SB 606
CLERKS, SUPERIOR COURT Ad valorem tax executions; issuance; recording..............................................................SB 534 Appeals; collect fee before filing.......................................................................................SB 486 Courts; certain judicial and county officials; legal counsel........................................HB 1122 Elections; delivery of returns............................................................................................HB 396 Intangible recording tax; certain counties; collection .................................................HB 1642 Maps and plats; recordation; specifications..................................................................HB 1458 Minimum annual salaries..................................................................................................HB 992 Minimum annual salaries................................................................................................HB 1710 Payment for duties in another court.................................................................................HB 53 Records; requirements ........................................................................................................SB 456 Retirement; increase benefits............................................................................................HB 763 Superior Court Clerk's Cooperative Authority; membership .......................................SB 676 Training Council; amend provisions.................................................................................SB 455 Uniform Commercial Code; financing statement filings ............................................HB 1836
CLERMONT, TOWN OF; new charter.........................................................................HB 1965
CLEVELAND, KATIE; commend...................................................................................HR 929

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2833

CLINICAL LABORATORIES Examination of human specimens; request by chiropractors......................................HB 247
COASTAL EMPIRE - BOY SCOUTS OF AMERICA; commend .......................HR 799
COBB COUNTY Ad valorem tax; installment payments .........................................................................HB 1581 Airport Development Authority; membership; powers...............................................HB 1703 Board of commissioners; districts.....................................................................................SB 643 Civil and criminal court; solicitor general .......................................................................SB 524 Civil service system; amend provisions.........................................................................HB 1863 Cobb County Elected Officials' Compensation Review Commission; create.......................................................................................................HB 1085 Cobb County-Marietta Water Authority; appointment of members........................HB 2010 Cobb County-Marietta Water Authority; membership .................................................SB 664 Cobb Judicial Circuit; investigators and assistant district attorneys; compensation..............................................................................................HB 1862 Commissioners' terms; officials' compensation............................................................HB 1822 Community improvement districts; ad valorem taxes...................................................SB 584 Homestead exemption; certain residents ........................................................................HB 481 Hospital authorities; payment for services; limitations................................................HB 256 Juvenile court judges; compensation ................................................................................SB 732 Lease property.....................................................................................................................HR 818 Marriage license issuance; satellite courthouses; population provisions...................................................................................................HB 1671 Merritt, Laura; miss Cobb County of 1994; commend.................................................HR 755 Probate court judge and clerk; compensation..............................................................HB 1946 Probate courts; satellite courthouses; population provisions.....................................HB 1670 Sheriff and chief investigator .........................................................................................HB 1082 Sheriffs staff; compensation..............................................................................................SB 730 State court associate judges; compensation..................................................................HB 1853 State court judges; compensation...................................................................................HB 1852 State court solicitor; compensation................................................................................HB 1854 Superior court clerk and deputy; compensation..........................................................HB 1855 Tax commissioner and staff; compensation.....................................................................SB 731
COBB COUNTY CHAMBER OF COMMERCE; commend.................................HR 1079
COBB COUNTY CHAPTER OF THE ASSOCIATION OF MINISTERS' WIVES AND MINISTERS' WIDOWS INTERDENOMINATIONAL; commend................................................................HR 1062
COBB JUDICIAL CIRCUIT Addjudge...............................................................................................................................HB 42 Family Court of the Cobb Judicial Circuit; create......................................................HB 1500 Investigators and assistant district attorneys; compensation....................................HB 1862
CODE OF GEORGIA Classification by population; repeal provisions...............................................................SB 645 Corrections.........................................................................................................................HB 1208 Elections; conform to National Voter Registration Act .............................................HB 1429 Elections; correction.........................................................................................................HB 1219 Interest provisions; extensive revision...........................................................................HB 1371 Retirement and Pensions; corrections...........................................................................HB 1218
COFFEE COUNTY Commissioner districts.....................................................................................................HB 1977 Education districts............................................................................................................HB 1978
COGDELL, LESLIE C.; commend..................................................................................HR 999

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INDEX

COKER, GENE V.; commend .........................................................................................HR 1211
COLE, BOBBY JOE; condolences.................................................................................HR 1179
COLE, DR. THOMAS W., JR.; commend...................................................................HR 1201
COLE, JEAN; commend.....................................................................................................HR 805
COLLEGES Adopt uniform grading system for certain eligibility..................................................HB 1326 Board of Regents; full-time employees; urge tuition remission..................................HR 388 Board of Regents; limitations upon appropriations - CA............................................HR 555 Boards of registrars; college presidents appoint designees as deputies....................................................................................................HB 1286 Community Affairs, Department of; contracts with college consortiums ................HB 1523 Crime-Free Schools Act; enact.......................................................................................HB 1701 Distribution of sexual materials to minors; exception to prohibition......................HB 1897 Dormitories; smoke detectors; requirements...................................................................SB 530 Four-year college in Gordon County; board of Regents appoint committee to study need ..................................................................................HR 60 Garnishment; exempt certain student loans...................................................................HB 417 Graduate programs in education; urge Board of Regents reexamine admission requirements..............................................................................HR 963 HOPE scholarship grants; extend to private colleges.................................................HB 1213 House Study Committee on combining Columbus Technical Institute and Columbus College; create....................................................................HR 1063 Kennesaw State College; urge Board of Regents expand graduate level programs in education..........................................................................................HR 347 Legal assistants for districts attorneys; extend length of service .............................HB 1444 Lottery tickets; certain sale or advertising; prohibit.....................................................HB 767 Private schools; secondary credit for postsecondary courses........................................SB 515 Professional counselors; licensing; amend provisions.....................................................SB 642 Professional counseling; licensing exemption; community service boards..................SB 434 Proprietary schools; exempt certain nonprofit colleges..............................................HB 1629 Special license plates; additional fees; delete requirement..........................................HB 618 Student Finance Authority; nursing students; scholarships......................................HB 1665 Student tuition grants; provisions..................................................................................HB 1418 Tuition equalization grants; approved school; definition...........................................HB 1185 Tuition equalization grants; approved school; definition...........................................HB 1574
COLQUITT COUNTY Board of education; add member...................................................................................HB 1913 Homestead exemption; certain residents......................................................................HB 1804
COLQUITT COUNTY HIGH SCHOOL 50TH REGIMENT BAND; commend..............................................................................................................HR 974
COLUMBIA COUNTY Homestead exemption; certain residents......................................................................HB 2014 Sheriff; compensation.......................................................................................................HB 1990
COLUMBUS, CITY OF Airport commission police; provisions...........................................................................HB 1625 County-wide government; mayor and council..............................................................HB 1807 Georgia Ports Authority; convey property in Columbus..............................................HR 907
COLWELL, HONORABLE CARLTON; commend.................................................HR 1275
COMMERCE AND TRADE Adult residential homes and assisted living facilities; regulate.................................HB 1930 Advertising of legal services; certain disclosure.............................................................HB 524

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2835

COMMERCE AND TRADE (Continued) Alcoholic beverages; prohibit sale for consumption at gasoline retail outlets.....................................................................................................................HB 202 Antifreeze; prohibitions .....................................................................................................HB 209 Beauty pageants; amend provisions.................................................................................HB 965 Beverage sales; prohibit non-returnable containers....................................................HB 1247 Certain professional solicitation; prohibit.....................................................................HB 1305 Coastal Georgia International and Maritime Trade Center; provisions.....................SB 415 Code of Georgia; interest; extensive revision of provisions........................................HB 1371 Competitive Practices Act of 1993; enact.......................................................................HB 795 Consignment of Art Act; enact.......................................................................................HB 1868 Construction contractors; payment bonds or security deposits...................................HB 545 Contracts; petroleum products; federal tax reimbursement........................................HB 891 Dating Service Act; enact ................................................................................................HB 1832 False advertising; certain cable television transmission; prohibit...............................HB 796 Flea markets; records.......................................................................................................HB 1195 Fraudulent attempts to obtain refunds; prohibited information..............................HB 1378 Geo. L. Smith II Georgia World Congress Center; activities on sidewalks; amend provisions....................................................................................HB 700 Geo. L. Smith II Georgia World Congress Center; activities on sidewalks; relative to ................................................................................................HR 402 Geo. L. Smith II Georgia World Congress Center; amend provisions......................HB 1664 Geo. L. Smith II Georgia World Congress Center; amend provisions ........................SB 569 Hartsfield International Airport Overview Committee; create..................................HB 1288 Home improvement loans; security instrument; provisions.........................................HB 694 Leaf tobacco sales; warehousemen's maximum charges; repeal ................................HB 1344 Limited liability companies and limited partnerships; amend provisions..........................................................................................................HB 1502 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Motor vehicle warranty rights; arbitrators; qualifications ...........................................HB 418 Motor vehicles; dealer transfers; uniform procedures...................................................HB 404
Nonreturnable beverage containers; prohibitions..........................................................HB 369 Open records; trade secret; exemption............................................................................HB 535
Personal care home; rename adult residential care home............................................HB 848 Personal property leases; laws of state............................................................................HB 654
Promotional contests; sponsors; bond requirements......................................................SB 540 Revolving accounts; application of payments; written agreement...............................SB 696
Rights of creditor and surety; notice.............................................................................HB 1632
Sales of certain goods during declared emergency; prohibit price increase...................................................................................................................HB 173
Sales tax exemption; cargo containers and related chassis........................................HB 1561
Sales tax exemption; certain industrial materials; granite...........................................HB 733 Sales tax exemption; electricity for chlor-alkali manufacturing..................................HB 592
Sales tax exemption; electricity for chlor-alkali processes...........................................HB 347 Securities; electronic filing system; state participation..............................................HB 1727
Solicitation of elderly; certain hours................................................................................HB 193
Telemarketing; deceptive or abusive activities; prohibit...............................................SB 567
Telephone systems; statement of warranty ......................................................................HB 70 Theft; misappropriation of a trade secret; define offense............................................HB 542
Theft; misappropriation of a trade secret; define offense.............................................SB 224
Ticket sales; prohibit scalping; specify service charges on advertisements.........................................................................................................HB 1225
Ticket scalping; prohibit..................................................................................................HB 1285
Truth in Polling Act; enact...............................................................................................HB 934 Weights and measures; scales and mechanics; registration fees..................................HB 722
Wine; deliveries in vehicles owned by dealer's employees...........................................HB 699

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2836

INDEX

COMMERCIAL CODE Code of Georgia; interest; extensive revision of provisions........................................HB 1371 Security interest in future crops; sharecropper's portion...............................................HB 73 Uniform Commercial Code; financing statement filings ............................................HB 1836
COMMISSIONS Appointments; state-wide representation; express intent to ensure.............................HR 80 Commission on Minority Health Improvement; create.................................................SR 391 Commission on the Certification of Automobile Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops; create.............................SR 93 Commission on Women; per diem allowance...................................................................HB 68 Commission to Study Family Courts; create..................................................................HR 848 Education Accountability and Evaluation Commission; create ..................................HR 398 Education Accountability and Evaluation Commission; create ..................................HR 466 Environmental Equity and Justice Commission; create.............................................HB 1758 Georgia Civil War Commission; create............................................................................HB 997 Georgia Civil War Resources Commission; create.........................................................HR 403 Georgia Historic Preservation Study Commission; create ...........................................HR 441 Georgia State Indemnification Commission; composition..........................................HB 1617 Georgia State Museum and State Library Study Commission; create ......................HR 962 Golf Hall of Fame Board; amend membership provisions.........................................HB 1906 Homestead exemption; urge study by Joint Study Commission on Revenue Structure..........................................................................................................HR 422 Joint Study Commission on Revenue Structure; re-create............................................HR 91 Joint Study Commission on Revenue Structure; re-create ..........................................HR 662 Pari-mutuel racetracks and wagering; authorize .........................................................HB 1164 Perdiem.............................................................................................................................HB 1478 Privatization Review Act; enact ........................................................................................SB 260 Professional Standards and Professional Practices Commission; withdrawal of applicant........................................................................HB 1462 Sports Hall of Fame Board; nonprofit corporation statutes; applicability ...................................................................................................HB 1936 State boards; uniform expense allowances....................................................................HB 2064 State Children's Trust Fund and State Children's Trust Fund Commission; disbursements; repeal date...........................................................SB 493 State Commission on Judicial Compensation; General Assembly create by law - CA.........................................................................................SR 456 State Flag Commission; create ...........................................................................................HR 15 State Government Reorganization Commission; create - CA......................................HR 806 State Properties Commission; amend provisions.........................................................HB 1616
COMMITTEES Aged and Disabled Transportation Task Force; create................................................HR 921 Appointments; state-wide representation; express intent to ensure.............................HR 80 Budgetary Responsibility Oversight Committee; amend provisions.........................HB 1273 Budgetary Responsibility Oversight Committee; create.................................................HB 41 Eminent domain; Petroleum Pipeline Study Committee; create..............................HB 1726 Eminent domain; Petroleum Pipeline Study Committee; create.................................SB 626 GA 96 AG Joint Steering Committee; create.................................................................HR 937
General Assembly; ethics committees; application for issuance of subpoena....................................................................................................HB 1594
Hartsfield International Airport Overview Committee; create..................................HB 1288
Health Care Reform/Managed Health Care; create Joint Steering Committee; Joint Historic Dramas Study Committee; create; Museum of Aviation; urge naming building in honor of Roy H. (Sonny) Watson, Jr......................................................................................HR 875

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COMMITTEES (Continued) House Committee to Study the Composition of the Gwinnett County Governing Authority; create ...........................................................................HR 735 House Competitive Local Telephone Service Study Committee; create .................HR 1127 House Computerization of the Legislative Branch Study Committee; create.............................................................................................................HR 86 House Education Reform Study Committee; create.....................................................HR 516 House Environmental Justice Study Committee; create............................................HR 1013 House Georgia Farmers' Markets Study Committee; create.....................................HR 1125 House Interagency Collaboration for School Based Services to Youth Study Committee; create..............................................................................HR 426 House Pain Management Study Committee; create.....................................................HR 729 House Prescription Drug Assistance for Low Income Elderly and Disabled Persons Study Committee; create........................................................HR 793 House Restructuring of the Education System of Georgia Study Committee; create.............................................................................................................HR 77 House State Emergency Management Study Committee; create .................................HR 51 House State Emergency Management Study Committee; create.............................HR 1066 House Study Committee on combining Columbus Technical Institute and Columbus College; create....................................................................HR 1063 House Study Committee on Legislative Information Systems and Accessibility; create ..................................................................................................HR 56 House Study Committee on Private No-Fault Motor Vehicle Insurance; create.............................................................................................................HR 127 House Study Committee on the Adoption of the Uniform Interstate Family Support Act; create........................................................................HR 889 House Third School Meal Study Committee; create....................................................HR 358 House Title Insurance Regulation Study Committee; create....................................HR 1175 Housing Affordability Impact Note Act; enact...............................................................SB 591 Joint Committee on State and Local Bonded Indebtedness; create.............................SR 37 Joint Regional Hospital Study Committee; create........................................................HR 664 Joint Rhodes Memorial Hall Study Committee; create................................................SR 485 Joint Special Education Reform Committee; create.....................................................HR 981 Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care; create ............................................................HR 242 Joint Study Committee for the State Board of Pardons and Paroles; create.........................................................................................................HR 710 Joint Study Committee on Child Support; create.......................................................HB 1515 Joint Study Committee on Environmental Education; create.....................................SR 512 Joint Study Committee on Financial Security for Retirement; create....................HR 1108 Joint Study Committee on Historic Dramas; create.....................................................HR 726 Joint Study Committee on Legislative Information Systems and Accessibility; create..................................................................................................HR 54 Joint Study Committee on Privatization of Certain Governmental Services; create................................................................................................................HR 150 Joint Study Committee on Recreational River Use; create.........................................HR 984 Metropolitan Atlanta Olympic Games Overview Committee; create...........................HR 63 Metropolitan Atlanta Rapid Transit Overview Committee; amend repeal provisions................................................................................................HR 215 Study Committee on Employee Training in the Construction
COMMITTEES, STANDING Assignments...............................................................................Pages 3, 6, 40, 41, 42, 43, 44, 45 Ethics; application for issuance of subpoena ...............................................................HB 1594 State Planning and Community Affairs; commend ....................................................HR 1157
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)

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COMMUNICATIONS RECEIVED Brooks, Honorable Tyrone................................................................................................Page 64 Governor..............................................................................................................Pages 1, 4, 34, 37 Lawrence, Honorable Thomas E....................................................................................Page 220 Legislative Counsel....................................................................................Pages 43, 44, 219, 221 Lieutenant Governor..............................................................................................Pages 219, 221 Mobley, Honorable Barbara ...........................................................................................Page 220 Pollard, Senator G. B., Jr...............................................................................................Page 222 Secretary of State.......................................................................................................Pages 2, 4, 5 Sherrill, Honorable Tom.................................................................................................Page 923 Speaker of the House..............................................Pages 3, 6, 40, 41, 42, 43, 44, 45, 219, 221 Westmoreland, Honorable Lynn ..................................................................................Page 1214 Yeargin, Honorable Charles W.......................................................................................Page 222
COMMUNITY AFFAIRS Business Expansion Support Act of 1994; enact; job tax credit ...............................HB 1527 Counties and municipalities; federal community development block grants; expenditure of funds...............................................................................SB 570 Department of; contracts with college consortiums....................................................HB 1523 Department of; grants; condition...................................................................................HB 1392 Equitable Restrooms Act; enact.....................................................................................HB 1644 Regional development centers; amend provisions.......................................................HB 1482 Regional development centers; ratify certain transfers................................................HR 360 Regional development centers; territorial boundaries ................................................HB 1178 Social services; community action agencies..................................................................HB 1725
COMPENSATION OF STATE OFFICIALS Attorney General; increase salary..................................................................................HB 1431 General Assembly; compensation and allowances; certain judges, boards, and commissions; per diem..............................................................HB 1478 State Commission on Judicial Compensation; General Assembly create by law - CA.........................................................................................SR 456 Superior court judges and district attorneys; compensation .....................................HB 1395 Supreme Court Justices, Appeals Court Judges, and Attorney General; compensation.................................................................................................HB 1398
COMPENSATION RESOLUTIONS Cook, James C.; compensate.............................................................................................HR 926 Helton, Jimmy; compensate..............................................................................................HR 259 Horn, Louis III; compensate.............................................................................................HR 767 Lewis, Walter; compensate................................................................................................HR 124 Scoggins, Nelson 0.; compensate.....................................................................................HR 906 Selph, Shirley; compensate ...............................................................................................HR 339 Taylor, Lewis; compensate................................................................................................HR 807 Wilson, Nina; compensate...................................................................................................HR 96 Winkler, Craig J.; compensate..........................................................................................HR 263
COMPUTERS Council of Municipal Court Judges; create; county law libraries; collections......................................................................................................HB 1459 Drivers' licenses; insurance provisions; amend ...............................................................SB 613 House Computerization of the Legislative Branch Study Committee; create.............................................................................................................HR 86 House Study Committee on Legislative Information Systems and Accessibility; create..................................................................................................HR 56 Joint Study Committee on Legislative Information Systems and Accessibility; create..................................................................................................HR 54 Legislative information; availability through public computer network..................HB 1645 Office of Planning and Budget; federal grant information system..............................SB 619

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2839

COMPUTERS (Continued) Public assistance; electronic transfer of benefits...........................................................HB 615 Public assistance; food stamps; electronic transfer of cash equivalent......................HB 892 Revenue bonds; telecommunications systems; provisions..........................................HB 1145 Revenue commissioner; tag and title information; electronic transfer .......................SB 518 Securities; electronic filing system; state participation..............................................HB 1727 Software; intangible tax.....................................................................................................HB 398
CONASAUGA JUDICIAL CIRCUIT Add judge.............................................................................................................................HB 461 Add judge...........................................................................................................................HB 1496 Add judge..............................................................................................................................SB 261 Add judge..............................................................................................................................SB 544
CONDOMINIUMS Amend provisions ...............................................................................................................HB 572 Amend provisions; deeds and mortgages; recordation................................................HB 1567 Amend provisions; editorial correction..........................................................................HB 1981 Handicapped persons; private residence accessibility...................................................HB 812 Handicapped persons; private residence accessibility.................................................HB 1154 Smoke detectors; requirements .........................................................................................SB 530
CONNER, JENNY; commend ........................................................................................HR 1110
CONSERVATION AND NATURAL RESOURCES Ad valorem tax; conservation use property; covenants ..............................................HB 1761 Ad valorem tax; conservation use property; limited-duration covenants................HB 1760 Ad valorem tax; conservation use property; transfers................................................HB 1246 Air pollution control; odor-causing chemicals; limitations...........................................HB 178 Air pollution reduction; urge Environmental Protection Division to institute emission credit banking and trading program.......................HR 796 American Indians; transfer certain functions to commissioner of natural resources......................................................................................................HB 1718 Antifreeze; prohibitions .....................................................................................................HB 209 Asbestos Licensing Board; training requirement; certification ....................................SB 135 Biomedical waste thermal treatment technology facility; prohibit until 10/1/96.....................................................................................................HB 878 Centralized emission testing program; urge delay of implementation.......................HR 727 Certain grants; transfer administration to Environmental Facilities Authority.......................................................................................................HB 1262 Certain violations; Environmental Protection Division seek remedy.......................HB 1806 "Clean Water Week" in Georgia; designate third week in October annually..............................................................................................................SB 606 Community Affairs, Department of; grants; condition...............................................HB 1392 Conservation use property; environmentally sensitive area.......................................HB 1467 Deer; special hunts to reduce overpopulation; urge Department of Natural Resources inform public......................................................HR 860 Dry Cleaning No-Fault Cleanup Trust Fund; create..................................................HB 1814 Eminent domain; Petroleum Pipeline Study Committee; create..............................HB 1726 Eminent domain; Petroleum Pipeline Study Committee; create.................................SB 626 Environmental Equity and Justice Commission; create.............................................HB 1758 Environmental Justice Act; enact....................................................................................HB 368 Erosion and sedimentation; land-disturbing activity; amend provisions....................SB 608 Erosion and sedimentation; land-disturbing activity; deny permit; past due ad valorem tax ......................................................................HB 1605 Erosion and sedimentation; land-disturbing activity; injury to property of another....................................................................................................HB 566 Georgia Agricultural Exposition Authority; venue for actions; Houston County.............................................................................................HB 1191

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CONSERVATION AND NATURAL RESOURCES (Continued) Georgia Historic Preservation Study Commission; create ...........................................HR 441 Georgia Sports Hall of Fame Authority; create...........................................................HB 1187 Georgia Wildflower Project Fund; create - CA..............................................................HR 713 Global warming and air pollution; relative to.................................................................SR 173 Hazardous waste management; certain chemicals; fees................................................HB 366 Hazardous waste management; costs and fees; variances; cement kiln ......................SB 432 Hazardous waste; petroleum contaminated soil; limits................................................HB 975 Hazardous waste sites; authorize debt to correct - CA.................................................SR 546 Hazardous waste sites; public debt to correct; Environmental Protection Division request............................................................................................SB 698 House Environmental Justice Study Committee; create............................................HR 1013 Hunting seasons; northern and southern zones; Meriwether County......................HB 1463 Hunting seasons; zone division; Troup County ...........................................................HB 1377 Income tax credit; recycling manufacturing facility......................................................HB 587 Jekyll Island--State Park Authority; ad valorem tax exemption; leasehold interest......................................................................................HB 1461 Jekyll Island--State Park Authority; limit fee increases.............................................HB 518 Jekyll Island--State Park Authority; membership.......................................................HB 517 Jekyll Island--State Park Authority; restrict certain activities..................................HB 519 Joint Study Committee on Environmental Education; create.....................................SR 512 Kudzu; spreading from one property to another; penalty..........................................HB 1883 Lakes Allatoona and Richard B. Russell; long-term subleases of marina sites.............................................................................................HB 1372 Lakes; water quality standards; adopt............................................................................HB 558 Lead Poisoning Prevention Act of 1994; enact............................................................HB 1270 Lifetime honorary hunting and fishing license; disabled persons; hunting deer with crossbow............................................................................SB 592 Monuments Protection Act; enact...................................................................................HB 553 Motor vehicle emission inspections; extend to all counties.........................................HB 623 Multiple beverage containers; certain nonbiodegradable packaging; prohibit.........................................................................................................HB 203 Music Hall of Fame Authority; subsidiary corporations...............................................SB 525 Natural Resources Department; transactions with state agencies; exception to prohibition..............................................................................HB 1651 Prehistoric sites, burial grounds, ruins; archeological research; Council on American Indian Concerns; create............................................HB 67 Raccoons; open trapping season; certain area..............................................................HB 1984 Recycling Market Development Incentives Act; enact...............................................HB 1430 Septic tank systems; amend provisions.........................................................................HB 1658 Solid waste and hazardous waste management; date for regulations; packaging prohibition; funding corrective action...............................HB 1521 Solid waste disposal facility; increase surcharge..........................................................HB 1717 Solid waste disposal site; approval of electors...............................................................HB 560 Solid waste facilities; permits; approval by referendum.............................................HB 1722 Solid waste management; regional authorities; membership.....................................HB 1750 Solid waste management; requirements for service reduction and recycling....................................................................................................................HB 367 Solid waste permits; certain facilities; extend date.......................................................HB 215 Solid waste permits; limitations on modification; exception.....................................HB 1435 Special county 1 percent sales tax; solid waste or recovered materials facilities.......................................................................................HB 1704
State parks; certain facilities and services; taxation.....................................................HB 954
State Tollway Authority; change name; amend provisions...........................................SB 328
Surface mining; amend provisions.................................................................................HB 1777
Tires; collection of fee on new tire sales; compensation.............................................HB 1276
Underground storage tanks; amend provisions............................................................HB 1619

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2841

CONSERVATION AND NATURAL RESOURCES (Continued) Used Oil Collection Act; enact........................................................................................HB 1428 Vehicle emission inspection stickers; delete display requirement ...............................SB 463 Waste management; municipal solid waste reduction; exemption..............................HB 433 Waste management; yard trimmings; disposal...............................................................HB 624 Water quality control; dissolved oxygen requirements...............................................HB 1352 Water resources; conservation plans; water conservation task force.............................SB 10 Water well contractors; previous licensee; new license.................................................HB 915
CONSTITUTIONAL AMENDMENTS Acts of the General Assembly; ratification by people..................................................HR 811 Ad valorem and income tax relief for elderly; General Assembly establish..........................................................................................................HR 746 Ad valorem tax; assessment on appeal; any increase based on Consumer Price Index..............................................................................................HR 964 Ad valorem tax; enterprise zones; certain tax treatment; General Assembly provide by law................................................................................HR 240 Ad valorem tax; enterprise zones; certain tax treatment; General Assembly provide by law.................................................................................SR 206 Ad valorem tax; exempt certain low-income housing....................................................SR 407 Ad valorem tax; exempt certain low-income housing renovation...............................HR 775 Ad valorem tax; increase state levy.................................................................................HR 243 Ad valorem tax; local government exempt property used for economic development...................................................................................................HR 132 Ad valorem tax; separate class for redevelopment........................................................HR 663 Ad valorem taxation of farm equipment; General Assembly provide by law...............................................................................................HR 609 Ad valorem taxes; limitation on increases......................................................................HR 728 Alcoholic beverages; regulatory power of state; delegation to counties and municipalities for regulation of nude dancing...............................HR 709 Alcoholic beverages; state regulatory authority; confirm.............................................HR 894 Appeals Court and Supreme Court; filling of vacancies...............................................HR 674 Appropriations; authorize Governor to reduce ................................................................HR 94 Bills or resolutions requiring expenditure of funds by local governments; fiscal note..................................................................................................HR 58 Bills raising revenue; approval by voters..........................................................................HR 12 Board of Regents; limitations upon appropriations......................................................HR 555 Certain convictions; prohibit parole................................................................................HR 671 Certain intoxicating liquors; prohibit delivery in state................................................HR 179 Civil Rights Act of 1994..................................................................................................HR 1174 Community Right-to-Know Trust Fund; General Assembly provide by general law .................................................................................................................HR 241 Counties and municipalities; debt incurred through certificate of participation; prohibit...............................................................................................HR 290 Death sentence commuted to life; prohibit parole..........................................................HR 93 Development impact fees for educational facilities; general Assembly provide by general law.................................................................................HR 579 Driving under the influence offense; constitute moral turpitude; prohibit holding office.................................................................................HR 844 Drug trafficking; parole; General Assembly prohibit by law.......................................HR 748 Education Department; five-year budget Act................................................................HR 103 Education funding; change from ad valorem to sales and use tax...............................HR 90 Education funding; one percent local option sales tax.................................................HR 673 Education funding; repeal ad valorem tax and impose three percent sales tax.............................................................................................................HR 703 Education funding; two percent sales tax; limit increase of millage rate ................................................................................................................HR 672 Education; percentage of state budget; limit..................................................................SR 413

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CONSTITUTIONAL AMENDMENTS (Continued) Education, State Board of; election by General Assembly..........................................HR 763 Elected officials of state and U. S. Congress; term limitations.....................................HR 11 Elected officials of state; term limitations ..........................................................................SR 5 Federal funds for federally mandated programs; urge Congress propose constitutional amendment..............................................................................HR 260 Forcible felony; third conviction; life without parole...................................................HR 666 General Assembly; four-year terms; elected state officials; limit terms.......................................................................................................................HR 130 General Assembly; four-year terms; four-term limit.......................................................HR 79 General Assembly; limit number of general bills by each member............................HR 194 General Assembly members and constitutional officers; term limits.........................HR 708 General Assembly members, constitutional officers, and Public Service Commission; limit number of consecutive terms; change terms of General Assembly..................................................................HR 702 General Assembly; require quorum for countable day.................................................HR 264 General bills raising revenue; two-thirds vote required .................................................HR 92 General bills raising revenue; two-thirds vote required .................................................HR 95 General bills raising revenue; two-thirds vote required ...............................................HR 193 Georgia Wildflower Project Fund; create .......................................................................HR 713 Hazardous waste sites; authorize debt to correct...........................................................SR 546 Health care services; certain contracts; General Assembly authorize by general law................................................................................................HR 943 Health care services; certain contracts; General Assembly authorize .........................SR 531 Initiative petition; power to enact, amend, or repeal.................................................HR 1109 Initiative petition; power to enact or reject...................................................................HR 980 Initiative petitions; power to enact or reject amendments to the constitution..........................................................................................................HR 257 Initiative petitions; power to enact or reject statutes and amendments to the constitution...........................................................................HR 104 Initiative petitions; power to enact or reject statutes...................................................HR 258 Inspector general; create office...........................................................................................HR 14 Island property; removal from certain industrial area..................................................SR 509 Local government incurring certain debt without referendum; prohibit....................SR 385 Local governments; certain expenditures and certain tax increases; General Assembly limit by law.....................................................................HR 89 Local governments; expenditures and increases; General Assembly limit by law....................................................................................................HR 874 Local option sales tax without decrease in property tax; provide..............................HR 428 Local school systems; educational enrichment tax; authorize .....................................HR 116 Motor fuel tax; additional 5 cents per gallon.................................................................HR 269 Motor fuel tax; appropriate for transportation system................................................HR 271 Nude dancing; regulation; General Assembly authorize by law..................................HR 178 Pardon or parole; sentencing judge accept or reject...................................................HR 1009 Pardons and Paroles Board; election; chairman's appointment..................................HR 765 Pari-mutuel wagering; General Assembly regulate by law...........................................HR 606 Pilot program courts; nonuniform jurisdiction; selection of judges............................HR 712 Programs mandated locally by state; funding..................................................................HR 10 Programs mandated locally by state; 90 percent state funding..................................HR 262
Programs mandated locally by state; 90 percent state funding..................................HR 659
Property Owners' Compensation Trust Fund; General Assembly provide by general law...................................................................................................HR 764
Property tax; millage rate; limitation..............................................................................HR 843
Public officers; ethics training; General Assembly provide by general law .................................................................................................................HR 102
Public Service Commission; governor appoint; nominating commission; General Assembly provide by law.........................................................HR 214

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2843

CONSTITUTIONAL AMENDMENTS (Continued) Raffles by nonprofit organizations; lawful but regulated.............................................HR 888 Raffles by nonprofit organizations; provisions...............................................................HR 133 Raffles by nonprofit organizations; provisions...............................................................HR 309 Raffles by nonprofit organizations; provisions...............................................................HR 434 Raffles by nonprofit organizations; provisions................................................................SR 107 Regional facilities development; counties and municipalities share ad valorem tax proceeds......................................................................................SR 203 Revenue Stabilization Fund; General Assembly establish...........................................HR 895 Rights of crime victims; provisions..................................................................................HR 812 Sales tax on lottery tickets; allocate to local school boards ........................................HR 795 Senate; staggered four-year terms......................................................................................HR 59 Separate maintenance cases; venue..................................................................................SR 392 Special one percent sales tax; education; General Assembly provide ..........................HR 53 Special purpose sales tax; education; General Assembly authorize by law..............................................................................................................HR 745 Special purpose sales tax; local school systems; capital outlay; General Assembly provide by general law.......................................................HR 13 Special zoning districts; authorize counties to create.................................................HR 1010 State appropriations; limitations on expenditures........................................................HR 732 State budget; limit rate of growth...................................................................................HR 704
State Commission on Judicial Compensation; General Assembly create by law ..................................................................................................SR 456
State flag; description........................................................................................................HR 747 State Government Reorganization Commission; create................................................HR 806 State health insurance system; General Assembly provide by
general law.......................................................................................................................HR 401 State lottery; biennial submission to voters...................................................................HR 669 Tax or fee; law providing for or increasing; required vote...............................................SR 6
Violent crimes; mandatory minimum sentences; certain persons; life without parole...........................................................................................................SR 395
Voluntary group prayer in public schools; urge United States constitutional amendment.............................................................................................HR 667
CONSUMER AFFAIRS Ad valorem tax; refunds; sales price less than assessed value.....................................HB 616 Advertising of legal services; certain disclosure.............................................................HB 524 Agricultural products; substandard quality; disposal.................................................HB 1612 Antique motor vehicles; display license plate of year of manufacture.....................HB 1885 Automated teller machines; safety...................................................................................HB 884 Bankruptcy; exempt individual retirement accounts..................................................HB 1830 Beauty pageants; amend provisions.................................................................................HB 965 Beverage sales; prohibit non-returnable containers....................................................HB 1247 Binding Arbitration and Warranty Disclosure Statement; provide..........................HB 1608 Cable television; multiple receivers; provisions............................................................HB 1579 Charitable solicitations; other than face to face; requirements....................................SB 582 Commerce and trade; solicitation of elderly; certain hours.........................................HB 193 Commerce and trade; Truth in Polling Act; enact........................................................HB 934 Competitive Practices Act of 1993; enact.......................................................................HB 795 Consignment of Art Act; enact.......................................................................................HB 1868 Dating Service Act; enact................................................................................................HB 1832 Deed to secure debt; borrower's residence; prohibit ...................................................HB 1771 Deed to secure debt; cancellation...................................................................................HB 1566 Deeds to secure debt; sales of real property; advertisement.....................................HB 1770 False advertising; certain cable television transmission; prohibit...............................HB 796 Farmers' markets; license and fee to sell; provisions..................................................HB 1611 Flea markets; records.......................................................................................................HB 1195 Forgery; certain identification cards; nonofficial.........................................................HB 1423

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CONSUMER AFFAIRS (Continued) Fraudulent attempts to obtain refunds; prohibited information ..............................HB 1378 Georgia Prompt Pay Act; enact........................................................................................HB 837 Health Care Provider Act; enact....................................................................................HB 1825 Health Care Provider Act; enact.......................................................................................SB 673 Home improvement loans; security instrument; provisions.........................................HB 694 Home inspectors; definition; provisions ...........................................................................SB 143 Income tax deduction; interest on certain motor vehicle loans ..................................HB 901 Innkeepers; assigned rooms; provisions............................................................................SB 536 Insurance; cancellation of policy; written request.......................................................HB 1142 Insurance; motor vehicle and homeowner's policies; nonrenewal prohibitions ..............................................................................................HB 1689 Insurance; unfair trade practices; availability of policies.............................................HB 834 Law Enforcement Integrity Act of 1994; enact............................................................HB 1886 Life insurance; premium refunds; time limitation ........................................................HB 864 Lottery; ticket sales on Sundays and Christmas day; prohibit .................................HB 1174 Mortgage escrow accounts; payment of interest..........................................................HB 1976 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Motor vehicle warranty rights; arbitrators; qualifications ...........................................HB 418 Motor vehicles; certain casual sales; sales tax exemption............................................HB 640 Noncompetition by Government Act; enact.................................................................HB 1922 Nonreturnable beverage containers; prohibitions..........................................................HB 369 Promotional contests; sponsors; bond requirements......................................................SB 540 Property Owners' Association Act; enact........................................................................HB 574 Public Service Commission; personnel; revise provisions; Utility Finance Section; establish.............................................................SB 250 Residential telephones; 976 or 900 number; by request ...............................................HB 629 Revolving accounts; application of payments; written agreement...............................SB 696 Sales of certain goods during declared emergency; prohibit price increase...................................................................................................................HB 173 Sales tax; certain casual sales; applicability.................................................................HB 1172 Sales tax; certain casual sales; applicability.................................................................HB 1173 Sales tax exemption; casual sales of motor vehicles .....................................................HB 169 Structural pest control contracts; include Formosan termites..................................HB 1655 Tattooing; minimum age; permit provisions; local regulation......................................SB 517 Telemarketing; deceptive or abusive activities; prohibit...............................................SB 567 Telephone systems; statement of warranty ......................................................................HB 70 Ticket sales; prohibit scalping; specify service charges on advertisements.........................................................................................................HB 1225 Ticket scalping; prohibit..................................................................................................HB 1285 Trade practices; personal property leases; laws of state ..............................................HB 654 Truth in Identification Protection Act; enact.................................................................SB 541 Wine; deliveries in vehicles owned by dealer's employees ...........................................HB 699
CONTRACTORS (CONSTRUCTION) Asbestos Licensing Board; training requirement; certification ....................................SB 135 Binding Arbitration and Warranty Disclosure Statement; provide..........................HB 1608 Compliance bonds................................................................................................................SB 499 Conditioned air contractor or plumber; bond provisions; propane dealers; exempt from certain regulations.....................................................SB 669 Construction Industry Licensing Board; amend provisions .......................................HB 1468 Electrical contractors; low-voltage and utility contracting ..........................................HB 967 Electrical, plumbing, or conditioned air contracting; grandfathering ........................HB 952 Fire protection sprinkler contractors; licensure...........................................................HB 2057 General contractors; licensing.........................................................................................HB 1239 General contractors; licensure.........................................................................................HB 1224 Georgia Prompt Pay Act; enact........................................................................................HB 837 High-voltage Safety Act; certain enforcement provisions; repeal .............................HB 1728

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2845

CONTRACTORS (CONSTRUCTION) (Continued) Highways; maximum speed limits; construction sites....................................................SB 487 Home inspectors; definition; provisions...........................................................................SB 143 Housing Affordability Impact Note Act; enact...............................................................SB 591 Income tax credit; certain builders; handicapped standards.....................................HB 1685 Master plumbers and journeyman plumbers; license renewal; continuing education ....................................................................................................HB 1690 Occupation tax; practitioner's office; certain contractors.............................................HB 154 Payment bonds or security deposits................................................................................HB 545 Public works contracts; certain counties; nondiscrimination.......................................HB 607 Sales and use tax; increase one percent; education funding........................................HB 613 State building codes; extensively revise provisions .......................................................HB 505 Study Committee on Employee Training in the Construction Industry; create...............................................................................................................HR 987 Utility contractors; amend provisions; construction Industry Licensing Board; membership ....................................................................................HB 1596 Utility contractors; licensing..............................................................................................SB 425 Utility contractors; licensing; amend provisions..........................................................HB 1193 Water closets for females; urge increase in minimum number ...................................HR 705
CONTRACTS Georgia Prompt Pay Act; enact........................................................................................HB 837 Health care services; certain contracts; General Assembly authorize by general law - CA......................................................................................HR 943 Health care services; certain contracts; General Assembly authorize by general law - CA.......................................................................................SR 531 Petroleum products; federal tax reimbursement...........................................................HB 891 State purchasing; competitive bids; minority business...............................................HB 1755 Trade practices; personal property leases; laws of state ..............................................HB 654
CONTROLLED SUBSTANCES Amend listing ....................................................................................................................HB 1217 Crimes; commission by felon using firearm....................................................................HB 832 Dangerous drugs; include methcathinone.....................................................................HB 1419 Dangerous drugs; nitrous oxide; except certain grades...............................................HB 1334 Dangerous practices; machine gun or firearm with silencer; penalties ......................HB 652 Drug offenses; forfeited moneys; drug abuse education .............................................HB 1335 Evidence; secure storage facility.....................................................................................HB 1588 Firearm possession; marijuana offense; penalty.............................................................HB 765 Forfeitures; disposition .......................................................................................................SB 237 Gamma hydroxy butytrate; add to list..........................................................................HB 1202 School bus drivers; random drug and alcohol testing...................................................HB 372 Sentence Reform Act of 1994; enact ................................................................................SB 441 Sexual offenses; redefine offense of prostitution.........................................................HB 2050 Testing; Georgia Bureau of Investigation laboratories .................................................HB 838 Trafficking in marijuana; change provisions ................................................................HB 1338 Trafficking; parole; General Assembly prohibit by law - CA ......................................HR 748 Trafficking; penalties; prohibitions................................................................................HB 1441
CONYERS, CITY OF; council; districts ..........................................................................SB 550
COOK COUNTY HIGH SCHOOL; commend.............................................................HR 919
COOK, GARY; commend....................................................................................................HR 914
COOK, JAMES C.; compensate ........................................................................................HR 926
COOK, SERGEANT HOWELL "NUB"; commend....................................................HR 753
COOPER, JOHN WILLIAM "BILL"; commend......................................................HR 1276

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CORDELE-CRISP COUNTY FISH FRY; invite representatives to House .........HR 845
CORDELE JUDICIAL CIRCUIT; judges; salary supplement...............................HB 1915
CORONERS Death investigations; definitions; medical examiner; notification .................................SB 99 Mental health; clinical records; disclosure....................................................................HB 1405 Training course; amend provisions ................................................................................HB 1256 Unclaimed or indigent bodies; cremation.....................................................................HB 1850
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Domestic stock insurance companies; preferred stock; authorize issuance............................................................................................................SB 694 Foreign limited liability partnership; provisions .........................................................HB 1813 Income tax deduction; interest on certain motor vehicle loans..................................HB 901 Life insurance; insurable interest in employees.............................................................HB 484 Limited liability companies and limited partnerships; amend provisions..........................................................................................................HB 1502 Motor vehicles; certain casual sales; sales tax exemption............................................HB 640 Mutual insurer; conversion to stock insurer; amend provisions................................HB 1623 Officers' liability for tax penalty or interest..................................................................HB 272 Open records; trade secret; exemption............................................................................HB 535 Political contributions to candidates; prohibit..............................................................HB 151 Social services; community action agencies..................................................................HB 1725 Taxable net income; certain shareholder adjustments.................................................HB 220 Theft; misappropriation of a trade secret; define offense............................................HB 542 Theft; misappropriation of a trade secret; define offense.............................................SB 224
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
COSMETOLOGISTS Continuing education; certification..................................................................................HB 506 Natural hair care specialists; regulate.............................................................................HB 801
COUNTIES (Also, see Local Government or Named County) Actions constituting malpractice in office; certain officers..........................................HB 122 Adjoining county; certain property; prohibit purchase.................................................HB 715 Ad valorem tax; aircraft; return in primary home base county................................HB 1654 Ad valorem tax; appeal of final assessment; public utilities......................................HB 1245 Ad valorem tax; appraisers; prohibit certain service as tax assessor...............................................................................................................HB 1693 Ad valorem tax; assessment appeal; arbitration as alternate method......................HB 1504 Ad valorem tax; assessment appeal; temporary tax bill.............................................HB 1207 Ad valorem tax; assessment appeal to superior court; utilize county appraisal staff.........................................................................................HB 683 Ad valorem tax; assessment disputes; arbitration .........................................................HB 684 Ad valorem tax; assessment on appeal; any increase based on Consumer Price Index - CA....................................................................................HR 964 Ad valorem tax; assessments; amend appeal provisions................................................SB 296 Ad valorem tax; exempt certain low-income housing - CA ..........................................SR 407 Ad valorem tax; exempt certain low-income housing renovation - CA......................HR 775 Ad valorem tax; exempt property used for economic development - CA..................HR 132 Ad valorem tax; homestead exemption application date; prohibit certain appraisers from serving as tax assessors.........................................SB 472 Ad valorem tax; installment payments .........................................................................HB 1581 Ad valorem tax; millage rates; amend provisions........................................................HB 1251 Ad valorem tax; motor vehicle registration; penalty for false information.....................................................................................................HB 1214 Ad valorem tax; refunds; sales price less than assessed value.....................................HB 616

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INDEX

2847

COUNTIES (Also, see Local Government or Named County) (Continued) Ad valorem tax; separate class for redevelopment - CA..............................................HR 663 Ad valorem tax; valuations established by appeal; subsequent years......................HB 1196 Airport Development Authority; construction; approval............................................HB 1707 Airport Development Authority Law; repeal...............................................................HB 1622 Airport Development Authority; membership; powers...............................................HB 1703 Airport Development Authority; projects; public hearing..........................................HB 1731 Alcoholic beverages; regulatory power of state; delegation to counties and municipalities for regulation of nude dancing - CA..........................HR 709 Alcoholic beverages; sales by coliseum authorities........................................................HB 131 Alcoholic beverages; Sunday sales during certain hours; consumption on premises; coliseum authorities..........................................................SB 314 Attorney representing local government; service as part-time judge..........................SB 120 Bail bonds; sureties approval board ..................................................................................HB 50 Boards of commissioners; provisions.................................................................................HB 96 Boards of education; certain actions; majority vote....................................................HB 1516 Boards of education; certain business transactions; repeal provisions...........................................................................................................HB 1839 Boards of education; per diem........................................................................................HB 1353 Boards of education; per diem; certain local salary supplements; limit decreases.......................................................................................HB 1177 Boards of education; per diem; medical and dental insurance ....................................SB 473 Boards of equalization; assessment appeals...................................................................HB 253 Boards of equalization; assessment appeals.................................................................HB 1436 Boards of equalization; instructional requirements.....................................................HB 1506 Boards of equalization; taxpayer appeals; written decisions .......................................HB 328 Boards of equalization; taxpayer appeals; written decisions .......................................HB 736 Boards of equalization; unsatisfactory decision; arbitration......................................HB 1656 Boards of family and children services; members.......................................................HB 1290 Boards of health; add members......................................................................................HB 1869 Boards of health; amend provisions ...................................................................................SB 49 Bonds and recognizances; sureties; amend provisions...................................................SB 630 Business Expansion Support Act of 1994; enact; job tax credit ...............................HB 1527 Cable television; multiple receivers; provisions............................................................HB 1579 Cemeteries; preneed registration; plat of property......................................................HB 1396 Child abuse protocol; adoption by judicial circuit committee......................................SB 492 Child abuse records; access by child-placing agencies................................................HB 1322 Child Advocacy Act; enact................................................................................................HB 529 Civil Rights Act of 1994 - CA.........................................................................................HR 1174 Code of Georgia; classification by population; repeal provisions.................................SB 645 Commissioners and chairmen; bipartisan elections.......................................................HB 241 Community Affairs, Department of; contracts with college consortiums................HB 1523 Community Affairs, Department of; grants; condition...............................................HB 1392 Community Education Act; enact..................................................................................HB 1674 Community service boards; county departments of health and family and children services; unemployment compensation, workers' compensation, and liability coverage.........................................................HB 1921 Constitutional amendments; contributions to influence voter approval or rejection..........................................................................................HB 1199 Construction contractors; compliance bonds...................................................................SB 499 Contract awards; certain counties; nondiscrimination..................................................HB 610 Contracts; lowest bid........................................................................................................HB 1720
Coroners; training course; amend provisions................................................................HB 1256
County attorney serving as municipal court judge; prohibitions................................HB 345
County solid minerals severance tax; provisions .........................................................HB 1973
Courts; certain judicial and county officials; legal counsel ........................................HB 1122
Deannexation; provide method.......................................................................................HB 1544

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2848

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Death investigations; definitions; medical examiner; notification.................................SB 99 Debt incurred through certificate of participation; prohibit - CA..............................HR 290 Department of Transportation; county certification; tax proceeds.............................SB 543 Designated depositories......................................................................................................SB 537 Determination of death; coroners and deputies..............................................................SB 446 Development authorities; county projects in municipalities......................................HB 1143 Development impact fees for educational facilities; general Assembly provide by general law - CA.......................................................................HR 579 Development impact fees; water or sewer service; amend provisions ............................HB 1 Dogs and cats for adoption; sterilization by animal shelter......................................HB 1181 Educational reform programs; comprehensive evaluation..........................................HB 2047 Education; certain funding; minimum requirements.....................................................SB 529 Education funding; one percent local option sales tax - CA .......................................HR 673 Education; local boards; required vote; certain personnel; criminal record checks; textbooks, library books, media material...........................SB 526 Education; local fair share funds; limitation..................................................................HB 282 Education; local school systems; equal athletic opportunities.....................................HB 829 Education; media costs; prohibit certain expenditures...............................................HB 1950 Education; parenting skills instruction; grades 8-12.....................................................HB 532 Education; service cancelable loans; certain registered nurses..................................HB 1103 Education; state board authority; define textbook......................................................HB 1702 Education; strategic planning; amend provisions ........................................................HB 1325 Education; urge local boards adopt anti-litter pledge ................................................HR 1036 Elections; amend provisions..............................................................................................HB 897 Elections; county officials; nonpartisan.........................................................................HB 1540 Elections; delivery of returns............................................................................................HB 396 Elections; municipalities; use county registration system ............................................HB 608 Elections; registrars; compensation................................................................................HB 1736 Emergency "911" system; public authority to operate; local governments create.......................................................................................................HB 1024 Eminent domain; condemnation award; set off by tax liens .......................................HB 989 Employees' Retirement; certain county transfer to Department of Children and Youth Services; membership .........................................................HB 1063 Employees' Retirement; certain prior county service; credit.....................................HB 1104 Employees' Retirement; certain probation and intake employees; transfer credit..................................................................................................................HB 671 Employees' Retirement; county department of family and children services employees; service credit...............................................................HB 1153 Enterprise zones; certain tax treatment; General Assembly provide by law - CA.......................................................................................................HR 240 Enterprise zones; certain tax treatment; General Assembly provide by law - CA........................................................................................................SR 206 Enterprise zones; class; General Assembly provide by local law.................................HB 434 Enterprise zones; class; General Assembly provide by local law .................................SB 166 Erosion and sedimentation; land-disturbing activity; amend provisions....................SB 608 Erosion and sedimentation; land-disturbing activity; deny permit under certain conditions.......................................................................HB 1605 Erosion and sedimentation; land-disturbing activity; injury to property of another........................................................................................HB 566
Excise tax; lottery ticket sales............................................................................................HB 56
Expenditures and certain tax increases; General Assembly limit by law - CA..............................................................................................................HR 89
Expenditures and certain tax increases; General Assembly limit by law - CA............................................................................................................HR 874
Fair rent commission; create...............................................................................................HB 98
Family and children services boards; amend provisions ...............................................SB 469

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INDEX

2849

COUNTIES (Also, see Local Government or Named County) (Continued) Family-planning services; availability; every business day ........................................HB 1735 Federal community development block grants; expenditure of funds........................SB 570 Financial audits; expenditure level................................................................................HB 1415 Fire safety standards; adoption.........................................................................................SB 533 Firefighters; qualifications...............................................................................................HB 1772 Foreign wills probated in another state; recording in Georgia....................................HB 361 Highways; maximum speed limits; construction sites....................................................SB 487 Homestead exemptions; local laws for proposing or increasing; procedures..................................................................................................HB 1646 Honeybee production; regulation...................................................................................HB 1861 Hospital authorities; real property; ad valorem tax......................................................HB 674 Hotel and motel tax; aviation museum; bicycle or pedestrian trails within historic districts......................................................................................HB 1241 Hotel and motel tax; pedestrian walks and trails .........................................................HB 208 Housing authorities; commissioners and resident commissioners...............................HB 238 Housing authorities; elected official serve as commissioner......................................HB 1180 Hunting does; prohibit in certain counties.....................................................................HB 245 Income tax credit; physicians practicing in rural counties ........................................HB 1766 Incurring certain debt without referendum; prohibit - CA..........................................SR 385 Indigent and elderly health care; county liability.........................................................HB 339 Insurance premium taxes; distribution; clarify term ..................................................HB 1763 Intangible recording tax; certain counties; collection .................................................HB 1642 Island property; removal from certain industrial area - CA.........................................SR 509 Jails; certain inmates; good-time allowances...................................................................SB 449 Jails; place of confinement; convicted felon.................................................................HB 1784 Jeopardy tax assessments; taxpayer leaving jurisdiction; bond ................................HB 1675 Joint Committee on State and Local Bonded Indebtedness; create .............................SR 37 Joint county and municipal sales tax; certificates for distribution of proceeds...............................................................................................HB 1489 Joint development authorities; job tax credits ............................................................HB 1764 Juries; civil actions; dollar amount..................................................................................HB 200 Juries; civil actions; dollar amount.....................................................................................SB 62 Jurors; qualifications...........................................................................................................SB 438 Jury commissioners and clerk; compensation................................................................HB 446 Jury lists; composition; amend provisions.......................................................................SB 193 Juvenile law enforcement records; inspection by school officials................................SB 122 Juvenile proceedings; community based risk reduction programs...............................SB 560 Law Enforcement Integrity Act of 1994; enact............................................................HB 1886 Law libraries; collections; Council of Municipal Court Judges; create.....................................................................................................HB 1459 License plates; purchase by mail; additional fees........................................................HB 1716 License plates; time period for issuance; transfers; decals...........................................HB 479 Litter control; public trash or garbage containers; prohibitions ...................................HB 95 Lobbyist disclosure; applicability to local officers and employees ...........................HB 1298 Local Government Unfunded Mandate Procedures Act; enact.................................HB 1416 Local Government Unfunded Mandate Procedures Act; enact ...................................SB 661 Local option sales tax without decrease in property tax; provide - CA ....................HR 428 Local retirement systems; certain assets; investment.................................................HB 1520 Local sales tax; funding for homestead exemptions; special districts......................HB 1222 Local sales tax; prohibitions; exception ..........................................................................HB 861 Local school boards; certain meditation procedures; adopt policy.............................HB 582
Local Tax Amnesty Program Act; enact.........................................................................HB 441
Loitering; violation of ordinance; arrest........................................................................HB 1531
Magistrates; minimum compensation; computation....................................................HB 1874
Maps and plats; recordation; specifications..................................................................HB 1458
Millage rate; advertisement; hearing...............................................................................HB 554

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2850

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Minutes of meetings; certain property in adjoining county; prohibit purchase.............................................................................................................SB 668 Mobile homes; transporting to another county; decal..................................................HB 561 Mobile homes; transporting to another county; decal...................................................SB 209 Motor fuel tax; special districts........................................................................................HB 186 Motor vehicle emission inspections; extend to all counties.........................................HB 623 Motor vehicle registration; out-of-state certificate of title ..........................................HB 880 Motor vehicles; license plates; revalidation decals......................................................HB 1639 Motor vehicles; registration and title applications; security interest.............................................................................................................HB 1235 Motor vehicles; staggered registration; amend provisions............................................HB 514 Motor vehicles; state-wide staggered registration........................................................HB 1914 Motor vehicles; tag and title information; electronic transfer......................................SB 518 Multiyear contracts; repeal; reenact................................................................................HB 330 Multiyear lease purchase contracts; prohibit...................................................................HB 44 Municipal courts; consolidated governments; misdemeanor jurisdiction...................HB 926 Municipal elections; poll workers; appointment..........................................................HB 1422 Municipal Employees Benefit; revenue bonds.............................................................HB 1792 Nonpartisan elections for consolidated governments; provisions..............................HB 1215 Nude and seminude dancing; local governments regulate.........................................HB 1635 Nude dancing establishments; urge local governments to enact regulatory measures......................................................................................................HR 1148 Nude dancing; regulation; General Assembly authorize by law - CA........................HR 178 Occupation tax levy; clarification...................................................................................HB 1613 Open meetings; repeal certain penalty provisions.........................................................HB 903 Open records law; applicability to public records.......................................................HB 1313 Ordinances; violations; maximum fine ............................................................................HB 896 Parents' Committee; provisions......................................................................................HB 1062 Parole; certain sex offenders; notify officials of address............................................HB 1229 Peace officers and communications officers; training and certification............................................................................................................HB 1389 Peace officers; include certain county probation employees ........................................SB 409 Personal property; tax exemption; increase..................................................................HB 1790 Polygraph examiners; public employees; repeal exemption.........................................HB 631 Prisons; female inmates; adequate supervision............................................................HB 1528 Probate courts; certain counties; eligibility of judges.................................................HB 1754 Probate courts; satellite courthouses; population provisions.....................................HB 1670 Probationers; certain sentence; county jail confinement..............................................HB 452 Programs mandated locally by state; funding - CA........................................................HR 10 Programs mandated locally by state; 90 percent state funding - CA ........................HR 262 Programs mandated locally by state; 90 percent state funding - CA........................HR 659 Programs mandated locally by state; urge General Assembly provide state funds.........................................................................................................HR 261 Property tax amnesty program; provisions; conservation use property; certain transfers..............................................................................................SB 506 Property tax deferrals; amend provisions.....................................................................HB 1647 Property tax; millage rate; limitation - CA....................................................................HR 843 Proposed local bills; notice of intention; copy to governing authority .......................SB 607 Public roads; abandonment; legal advertisement........................................................HB 1539 Public school buildings; plans; professional responsibility........................................HB 1724
Public works contracts; certain counties; nondiscrimination.......................................HB 607
Quality basic education; capital outlay; school closures; opposition petitions......................................................................................................HB 1314
Quality basic education; curriculum; criminal law education course........................HB 1345
Referendum provisions ......................................................................................................HB 262
Regional and community service boards; amend provisions.........................................SB 511

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2851

COUNTIES (Also, see Local Government or Named County) (Continued) Regional development centers; ratify certain transfers................................................HR 360 Regional development centers; territorial boundaries ................................................HB 1178 Regional facilities development; counties and municipalities share ad valorem tax proceeds - CA.............................................................................SR 203 Registrars; nomination or election to office ...................................................................HB 304 Retirement funds; investments.........................................................................................HB 278 Sales tax collection fee; certain casual sales...................................................................HB 451 Sales tax on lottery tickets; allocate to local school boards - CA...............................HR 795 School systems; educational enrichment tax; authorize - CA......................................HR 116 School systems; multiyear lease purchase contracts; prohibit.......................................HB 45 School systems; multiyear lease purchase contracts; real property prohibition.......................................................................................................HB 233 Schools; certain disciplinary sanctions; local boards impose.....................................HB 2051 Schools; comprehensive evaluation; high-achieving exemption; psychology services; local fair share funds ..................................................................SB 436 Schools; migrant student grants........................................................................................SB 647 Secure juvenile detention facility; certain jails............................................................HB 1373 Septic tank systems; amend provisions.........................................................................HB 1658 Sheriffs and deputies; bonds conditioned on faithful accounting.............................HB 1667 Sheriffs; deposits in interest-bearing accounts ............................................................HB 1499 Sheriffs; legal defense; provisions.....................................................................................HB 343 Sheriffs; qualifications; amend provisions .......................................................................SB 551 Social services; community action agencies..................................................................HB 1725 Solid waste disposal site; approval of electors...............................................................HB 560 Solid waste facilities; permits; approval by referendum.............................................HB 1722 Sovereign immunity; limited waivers; liability.............................................................HB 2061 Special county one percent sales tax; maximum time of imposition .......................HB 1659 Special one percent sales tax; procedure for imposition; amend..................................HB 64 Special purpose sales tax; aviation projects ...................................................................HB 727 Special purpose sales tax; disposition of proceeds; certain ordinances.........................................................................................................HB 1533 Special purpose sales tax; local school systems; capital outlay; General Assembly provide by general law - CA.............................................HR 13 Special zoning districts; authorize counties to create - CA.......................................HR 1010 Speed detection devices; eliminate certain restriction...................................................SB 116 Speed detection devices; restrictions; exemption; certain counties............................HB 199 State court solicitor; change to solicitor general..........................................................HB 1657 State employees' health insurance; contract with county; part-time employees.......................................................................................................HB 772 State flag; required display; public buildings.................................................................HB 637 State or local bonded indebtedness; private legal counsel; selection by competitive bidding..................................................................................HB 740 Superior court clerks, probate court judges, sheriffs, tax collectors; minimum salaries................................................................................HB 1710 Superior courts; alternative locations for holding sessions........................................HB 1483 Superior courts in certain counties; alternative locations..........................................HB 1715 Tag agents; certain additional compensation; fee deduction.......................................HB 981 Tattooing; minimum age; permit provisions; local regulation......................................SB 517 Tax collectors and tax commissioners; minimum salary...............................................SB 282 Tax digests; arbitration or appeal of assessments; examination.................................HB 309 Tax digests; assessments under review; maximum......................................................HB 1590
Tax executions; certain notice; delete requirement.....................................................HB 1268
Tax executions; demand by tax collector for payment or security bond.................HB 1267
Tax receivers; certification of tax digest..........................................................................SB 659
Tax sales; political subdivisions purchasing property; amount...................................HB 565
Taxes on insurers; population determination .................................................................SB 564

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2852

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Teachers Retirement; certain public school employees; employer contributions................................................................................................HB 1589 Textbooks and library books; property of local administration...................................SB 484 Unclaimed or indigent bodies; cremation.....................................................................HB 1850 Unpaid parking fines; nonissuance of registration and license plates........................HB 185 Waste management; municipal solid waste reduction; exemption..............................HB 433 Waste management; yard trimmings; disposal...............................................................HB 624 Water, gas, sewerage service, or electricity to residential property; prior occupant's unpaid charges; limited liens.........................................HB 862 Zoning hearings; notification.............................................................................................HB 235
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Action for trespass or damage to realty; hazardous material......................................HB 599 Ad valorem tax executions; issuance; recording..............................................................SB 534 Alcovy Judicial Circuit; add judge.................................................................................HB 1749 Alternative Schools and Reeducation Act; enact.........................................................HB 1837 Anti-motor Vehicle Hijacking Act of 1994; enact........................................................HB 1080 Anti-motor Vehicle Hijacking Act of 1994; enact...........................................................SB 288 Appeals; applications; uniform time..............................................................................HB 1189 Appeals; certain domestic relations cases; amend provisions....................................HB 2056 Appeals; cross appeal by defendant.................................................................................HB 109 Appeals; direct appeal by state; certain delinquency cases; frivolous actions; attorney's fees .....................................................................HB 1687 Appeals; motion for new trial; time extension..................................................................SB 33 Appeals; supersedeas bond; motion in trial court.......................................................HB 1188 Atlanta Judicial Circuit; add judge..................................................................................HB 809 Attorney representing local government; service as part-time judge..........................SB 120 Augusta Judicial Circuit; add judge.................................................................................HB 957 Authority to expunge certain records............................................................................HB 1304 Bad checks; prosecution in magistrate courts; forfeiture of bonds.............................HB 326 Bailable offenses; family violence or protective order violation; remove from schedule.................................................................................HB 1303 Bailable offenses; family violence or protective order violation; remove from schedule....................................................................................SB 466 Bonds and recognizances; sureties; amend provisions...................................................SB 630 Certain judges, boards, and commissions; per diem; General Assembly; compensation and allowances...................................................HB 1478 Certain judicial and county officials; legal counsel.....................................................HB 1122 Child abuse protocol; adoption by judicial circuit committee......................................SB 492 Child Advocacy Act; enact ................................................................................................HB 529 Civil contempt arrest orders; Georgia Crime Information Center network..............................................................................................................HB 1119 Civil practice; change of venue.......................................................................................HB 1299 Civil practice; court costs................................................................................................HB 1203 Civil practice; dismissal of certain actions; time ..............................................................SB 32 Civil practice; transfer of actions from superior to state court.....................................HB 43 Cobb Judicial Circuit; add judge........................................................................................HB 42 Commission to Study Family Courts; create..................................................................HR 848 Conasauga Judicial Circuit; add judge......................................:.....................................HB 461 Conasauga Judicial Circuit; add judge..........................................................................HB 1496 Conasauga Judicial Circuit; add judge.............................................................................SB 261 Conasauga Judicial Circuit; add judge.............................................................................SB 544 Conspiracy to commit crime; lesser offense..................................................................HB 1529 Convicted felon; juvenile court records; superior court access before sentencing.................................................................................................SB 559 Council of Municipal Court Judges; create; county law libraries; collections......................................................................................................HB 1459

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2853

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) County and state ordinances; violations; maximum fine..............................................HB 896 County attorney serving as municipal court judge; prohibitions................................HB 345 Court reporters; disqualification for interest; contracts for service..........................HB 1321 Coweta Judicial Circuit; add judge................................................................................HB 1059 Crime victim compensation; maximum award; direct service providers....................HB 690 Crime Victims Emergency Fund; awards; remove limitation....................................HB 2055 Crime Victim's Rights Act; enact...................................................................................HB 1359 Criminal proceedings; third-year law students as assistants.......................................HB 190 Decatur County and Mitchell County Superior Courts; change terms....................HB 1311 Deposit account fraud and debit card fraud; define offenses....................................HB 1677 Dispossessory proceedings; time periods.........................................................................HB 407 Dispossessory proceedings; writ of possession................................................................HB 337 Documents; copies for district attorneys or prosecutors............................................HB 1864 Driving under the influence; jury trial waiver; remand to lower court.......................SB 421 Election of judges ...............................................................................................................HB 136 Elections; delivery of returns ............................................................................................HB 396 Employment; termination contrary to public policy; prohibit....................................HB 665 Evidence; depositions; amend provisions......................................................................HB 1417 Evidence; facsimile transmissions; admissibility..........................................................HB 1120 Evidence; photographs, movies, videos, recordings; admissibility ...............................SB 412 Family Court of the Cobb Judicial Circuit; create......................................................HB 1500 Family violence; hearing; time for holding...................................................................HB 1300 Family violence; hearing; time for holding......................................................................SB 467 Family violence; protective orders.................................................................................HB 1302 Family violence; protective orders; extension .................................................................SB 465 Fines and forfeitures; certain traffic offenses; administrative fee............................HB 1162 Firearms at school functions; penalties; forfeitures .......................................................SB 510 Firearms sales; dealer provisions; records checks..........................................................HB 732 Firearms sales; records checks.............................................................................................SB 12 Frivolous actions; motion for attorney's fees; time........................................................SB 637 Georgia Crime Information Center; centralized records; public access..................................................................................................................HB 1708 Grand juries; amend provisions; special judge of the magistrate court; certain property sales.........................................................................SB 31 Grand juries; duties and powers; amend provisions....................................................HB 1190 Grand juries; oath; gender changes and grammatical revisions..................................HB 820 Indigent defense; all actions and proceedings..............................................................HB 1254 Juries; civil actions; dollar amount..................................................................................HB 200 Juries; civil actions; dollar amount.....................................................................................SB 62 Juries; peremptory challenges; equal number..............................................................HB 1347 Jurors; allowance statements; work excuse; compensation ........................................HB 1595 Jurors; qualifications...........................................................................................................SB 438 Jury commissioners and clerk; compensation................................................................HB 446 Jury lists; composition; amend provisions.......................................................................SB 193 Juvenile courts; associate judges; qualifications ..........................................................HB 1327 Juvenile delinquents; special alternative incarceration-- probation boot camps; provisions .................................................................................SB 150 Juvenile law enforcement records; inspection by school officials................................SB 122 Juvenile proceedings; amend provisions .........................................................................HB 531 Juvenile proceedings; certain possession of firearm; misdemeanor..........................HB 1599 Juvenile proceedings; certain unruly child.....................................................................HB 141
Juvenile proceedings; community based risk reduction programs...............................SB 560
Juvenile proceedings; deprived child; legal custody....................................................HB 1087
Juvenile proceedings; hearings and records; amend provisions....................................SB 461
Juvenile proceedings; redefine unruly child....................................................................SB 558
Juveniles; certain offenses; release from custody ...........................................................SB 535

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2854

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Juveniles in custody; time for hearing; maximum incarceration..............................HB 1066 Legal assistants for districts attorneys; extend length of service .............................HB 1444 Loitering; violation of county ordinance; arrest...........................................................HB 1531 Magistrate courts; civil cases; monetary jurisdiction..................................................HB 1696 Magistrate courts; constables or marshals; compensation..........................................HB 1519 Magistrate courts; jurisdiction; certain misdemeanors ...............................................HB 1812 Magistrates; minimum compensation; computation....................................................HB 1874 Maps and plats; recordation; specifications..................................................................HB 1458 Marijuana; certain violations; probate court jurisdiction..............................................SB 576 Marriage licenses; additional fee; family violence centers..........................................HB 1680 Municipal courts; consolidated governments; misdemeanor jurisdiction...................HB 926 Nonresident jurisdiction; child support or alimony modification...............................HB 576 Northern Judicial Circuit; add judge...............................................................................HB 881 Ogeechee Judicial Circuit; add judge...............................................................................HB 581 Peace Officer and Prosecutor Training Fund; certain annual disbursements........................................................................................................SB 65 Peace officers; training; include crimes against children ..............................................SB 494 Pilot program; nonuniform jurisdiction; selection of judges - CA..............................HR 712 Pretrial proceedings; defendant's rights; court inform...............................................HB 1673 Probate courts; certain counties; eligibility of judges.................................................HB 1754 Probate courts; fees; guardians; estates.........................................................................HB 1281 Probate courts; jurisdiction; certain boat safety violations..........................................HB 710 Probate courts; jurisdiction; certain boat safety violations ..........................................SB 448 Probate courts; misdemeanor jurisdiction; guilty plea .................................................HB 559 Probate courts; satellite courthouses; population provisions.....................................HB 1670 Probate courts; service of guardian for minor or incapacitated adult.........................HB 71 Probation; first offender status; court determination.................................................HB 1354 School Safety and Juvenile Justice Reform Act; enact .................................................SB 440 Secure juvenile detention facility; certain jails............................................................HB 1373 Senior district attorney; create office ............................................................................HB 1662 Separate maintenance cases; venue - CA.........................................................................SR 392 Sheriffs and deputies; bonds conditioned on faithful accounting.............................HB 1667 Sheriffs; deposits in interest-bearing accounts ............................................................HB 1499 Sheriffs; legal defense; provisions.....................................................................................HB 343 Sheriffs; qualifications; amend provisions .......................................................................SB 551 Shoplifting; value of property; municipal court...........................................................HB 1456 South Georgia Judicial Circuit; add judge......................................................................HB 620 State Commission on Judicial Compensation; General Assembly create by law - CA.........................................................................................SR 456 State court solicitor; change to solicitor general..........................................................HB 1657 Stone Mountain Judicial Circuit; add judge...................................................................SB 232 Superior court administrators; compensation................................................................HB 628 Superior court clerks; appeal; collect fee before filing ..................................................SB 486 Superior Court Clerk's Cooperative Authority; membership .......................................SB 676 Superior court clerks; minimum annual salaries...........................................................HB 992 Superior court clerks; payment for duties in another court..........................................HB 53 Superior court clerks, probate court judges, sheriffs, tax collectors; minimum salaries................................................................................HB 1710 Superior court clerks; records; requirements ..................................................................SB 456 Superior Court Clerks Training Council; amend provisions.........................................SB 455 Superior court judges; nonpartisan elections; plurality; ballots................................HB 1026 Superior court jurisdiction; commission of certain crimes by persons 13 to 17 years old.....................................................................................HB 1236 Superior court jurisdiction; commission of certain crimes by persons 13 to 17 years old .....................................................................................HB 1238 Superior Court of Early County; change terms; certain superior court sessions; alternative locations...........................................................HB 1715

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2855

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Superior courts; alternative locations for holding sessions........................................HB 1483 Superior courts; selection of bailiffs; provisions............................................................HB 507 Taxation; threats or intimidation of agents; penalty ....................................................HB 314 Trial jury; judge of law and fact; mistrial or reversal.................................................HB 1643 Uniform Commercial Code; financing statement filings ............................................HB 1836 Western Judicial Circuit; add judge................................................................................HB 655 Witnesses; husband and wife; when compellable to give evidence...........................HB 1479 Witnesses; husband and wife; when compellable to give evidence..............................SB 609
COWART, LILLIE MAE; commend ............................................................................HR 1135
COWART, ROY J.; commend...........................................................................................HR 867
COWETA COUNTY Homestead exemption; ad valorem tax.........................................................................HB 1743 Homestead exemption; certain residents......................................................................HB 1742 Probate court judge; nonpartisan election....................................................................HB 1909 State court judge and solicitor; salary...........................................................................HB 1741
COWETA JUDICIAL CIRCUIT; add judge .............................................................HB 1059
CRAWFORD COUNTY Board of commissioners; compensation.........................................................................HB 2039 Homestead exemption; certain residents......................................................................HB 1562
CRECINE, PRESIDENT JOHN PATRICK; invite to House..............................HR 1046
CREDIT UNIONS; financial institutions; amend provisions....................................HB 1676
CREWS, HANNAH; commend .......................................................................................HR 1280
CREWS, MICAH RONSON; commend.......................................................................HR 1080
CRIMES AND OFFENSES (CRIMINAL CODE) Abortion; Civil Rights Protection Act; enact .................................................................HB 716 Abortion; Female's Right to Know Act; enact...............................................................HB 602 Aggravated assault; redefine offense; include drive-by shooting...............................HB 1198 Aggravated stalking; redefine..........................................................................................HB 1571 Anti-motor Vehicle Hijacking Act of 1994; enact........................................................HB 1080 Anti-motor Vehicle Hijacking Act of 1994; enact...........................................................SB 288 Bad check diversion program; attorney General establish.........................................HB 1148 Bad check issuance; postdated check; applicability......................................................HB 467 Bad checks; present consideration; definition.................................................................SB 223 Bias Crimes Information and Documentation Act; enact..........................................HB 2060 Bingo by nonprofit organizations; nonmember employment.....................................HB 1182 Bingo; limitation on prize amounts ...............................................................................HB 1532 Bingo; prizes; maximum amount.......................................................................................SB 114 Carjacking; define offense ...............................................................................................HB 1197 Carrying weapon at school function or on property; searches; reports......................HB 860 Commission by felon using firearm .................................................................................HB 832 Commission of certain crimes by persons 13 to 17 years old; superior court jurisdiction...........................................................................................HB 1236 Commission of certain crimes by persons 13 to 17 years old; superior court jurisdiction...........................................................................................HB 1238 Conspiracy to commit crime; lesser offense..................................................................HB 1529 Contributing to delinquency of minor; commission of violent crimes; penalties................................................................................................HB 533 Controlled substances and dangerous drugs; amend listing......................................HB 1217 Controlled substances, dangerous drugs, and drug related objects; evidence; secure facility.................................................................................HB 1588

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2856

INDEX

CRIMES AND DEFENSES (CRIMINAL CODE) (Continued) Controlled substances; forfeitures; disposition................................................................SB 237 Controlled substances; add gamma hydroxy butytrate ..............................................HB 1202 Conversion of rented entertainment equipment or media; define offense ..............HB 1397 Crime-Free Schools Act; enact.......................................................................................HB 1701 Crime Victim's Rights Act; enact...................................................................................HB 1359 Criminal desecration to burial grounds; define offense..............................................HB 1271 Criminal gang activity; add rape to list...........................................................................SB 460 Dangerous drugs; include methcathinone.....................................................................HB 1419 Dangerous drugs; nitrous oxide; except certain grades...............................................HB 1334 Dangerous practices; machine gun or firearm with silencer; penalties ......................HB 652 Day-care facilities; prohibit smoking................................................................................SB 471 Deposit account fraud and debit card fraud; define offenses....................................HB 1677 Distribution of sexual materials to minors; exception to prohibition ......................HB 1897 Dog theft and theft by receiving stolen dog; define offenses....................................HB 1939 Drug offenses; forfeited moneys; drug abuse education.............................................HB 1335 Drug trafficking; parole; General Assembly prohibit by law - CA .............................HR 748 Escape and escape with dangerous weapon; penalties................................................HB 1403 Ethics in government; campaign contributions; statement of purpose....................HB 1437 Failure to prevent delinquency of minor; define offense...........................................HB 1284 Federal court; concurrent jurisdiction...........................................................................HB 1875 Firearms; certain possession; exemptions from prohibition.......................................HB 1209 Firearms; possession at school functions; exemption from prohibition......................SB 568 Firearms; possession at school functions; penalties; forfeitures...................................SB 510 Firearms; possession by student on school property; penalties.................................HB 1823 Firearms; possession during commission of crime; mandatory sentence.................HB 1252 Firearms; possession; reserve police officers.................................................................HB 1242 Firearms; possession while committing marijuana offense; penalty ...........................HB 765 Firearms; possession while under influence of alcohol or drugs; prohibitions......................................................................................................SB 121 Firearms sales; dealer provisions; records checks..........................................................HB 732 Firearms sales; records checks.............................................................................................SB 12 Forgery; certain identification cards; nonofficial.........................................................HB 1423 Fraudulent attempts to obtain refunds; prohibited information ..............................HB 1378 Gambling on "voyages to nowhere"; prohibit ................................................................HB 898 General Assembly; campaign contributions; prohibit during session.......................HB 1508 Grand juries; amend provisions; special judge of the magistrate court; certain property sales.........................................................................SB 31 Grand juries; duties and powers; amend provisions....................................................HB 1190 Hellfire switches; prohibit..................................................................................................SB 474 Homicide by vehicle; insurance benefits; prohibitions...............................................HB 1249 Homicide; prohibit assisted suicide.................................................................................HB 415 Homicide; prohibit assisted suicide.................................................................................HB 464 Human body parts; removal from scene of death; exception to prohibition.......................................................................................................................HB 686 Litter control; public trash or garbage containers; prohibitions ...................................HB 95 Littering; penalty; mandatory community service.......................................................HB 1621 Loitering; violation of county ordinance; arrest...........................................................HB 1531 Lottery retailers; contract revocation; sales to minors ...............................................HB 1663 Marijuana; certain violations; probate court jurisdiction..............................................SB 576 Motor vehicles used in certain crimes; seizure and forfeiture...................................HB 1424 Municipal courts; criminal trespass; jurisdiction.........................................................HB 1460
Parole; certain sex offenders; notify officials of address............................................HB 1229
Pistol or revolver; license to carry; prohibit issuance to felon ..................................HB 1201
Property; criminal trespass; posting notice ..................................................................HB 1220
Recreational bingo; definition; operation by nonprofit organizations......................HB 1183
Recreational bingo; operation by nonprofit organizations............................................SB 439

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2857

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Recreational bingo; provisions.............................................................................................SB 24 Recreational bingo; redefine............................................................................................HB 2049 School Safety and Juvenile Justice Reform Act; enact.................................................SB 440 School trespass; define offense ............................................................................................SB 42 Sentence Reform Act of 1994; enact ................................................................................SB 441 Sex offenders; registration; crime of failure to register.................................................SB 399 Sexual assault by religious counselor; definition; prohibition...................................HB 1487 Sexual Offender Registration Act; enact.......................................................................HB 1934 Sexual offenses; amend provisions...................................................................................HB 666 Sexual offenses; definitions.............................................................................................HB 1331 Sexual offenses; redefine offense of prostitution.........................................................HB 2050 Shoplifting; value of property; municipal court...........................................................HB 1456 Smoking in public buildings; prohibit.............................................................................HB 319 Smoking in public places; prohibitions...............................................................................HB 3 Soliciting minor to commit felony; penalties ...............................................................HB 1404 Soliciting minor to commit felony; penalties ..................................................................SB 556 Stalking and aggravated stalking; define offenses.........................................................HB 133 Stalking and aggravated stalking; define offenses.........................................................HB 863
Stalking and aggravated stalking; define offenses; conditions for pretrial release.........................................................................................HB 37
Stalking and aggravated stalking; define offenses; notify victim of offender's release................................................................................HB 401
Stalking; redefine..............................................................................................................HB 1572 State government; employment in more than one branch;
exception to prohibition ................................................................................................HB 668 Statutory rape; change age................................................................................................HB 153 Tattooing; minimum age; permit provisions; local regulation......................................SB 517 Tattooing near eye; exemption from restrictions ........................................................HB 2053 Theft by conversion; certain rented or leased property;
smoking in child care facilities; prohibit...................................................................HB 1358 Theft; misappropriation of a trade secret; define offense............................................HB 542 Theft; misappropriation of a trade secret; define offense.............................................SB 224 Theft of unharvested commercial agricultural products; penalty.............................HB 1277 Tobacco products; possession by minor under age 18..................................................HB 638 Tobacco products; sales locations; Department of Human
Resources inspect..........................................................................................................HB 1618 Trafficking in marijuana; change provisions................................................................HB 1338 Trafficking; penalties; prohibitions................................................................................HB 1441 Truth in Identification Protection Act; enact.................................................................SB 541
Violent crimes; mandatory minimum sentences; certain persons; life without parole - CA..................................................................................................SR 395
Weapons; illegal possession; forfeiture..........................................................................HB 1337 Weapons prohibited on school property; include
bludgeon-type instruments..........................................................................................HB 1100 Weapons; use during certain crimes; enhanced penalties..........................................HB 1237 Weapons used in commission of crime; destroy..........................................................HB 1328 Willful obstruction of emergency medical technician;
prohibitions; penalties....................................................................................................HB 659 Wiretapping; conversations of child under the age of 14 years................................HB 1243 Wiretapping; party to communication ..............................................................................HB 48
CRIMINAL JUSTICE Appeals; dismissal; nonpayment; affidavit of indigence................................................SB 581 Coordinating Council; serve as Crime Victims Compensation Board; maximum victim compensation award; direct service providers.............................HB 690 Criminal Justice Coordinating Council; add member...................................................HB 555 Criminal Justice Coordinating Council; membership ...................................................HB 882

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2858

INDEX

CRIMINAL JUSTICE (Continued) Employees' Retirement; Indigent Defense Council.......................................................HB 192 Indigent defense; all actions and proceedings..............................................................HB 1254
CRIMINAL PROCEDURE Aggravated assault; redefine offense; include drive-by shooting...............................HB 1198 Aggravated stalking; redefine offense............................................................................HB 1571 Anti-motor Vehicle Hijacking Act of 1994; enact........................................................HB 1080 Anti-motor Vehicle Hijacking Act of 1994; enact...........................................................SB 288 Appeals; motion for new trial; time extension..................................................................SB 33 Bail bonds; sureties approval board ..................................................................................HB 50 Bailable offenses; family violence or protective order violation; remove from schedule.................................................................................HB 1303 Bailable offenses; family violence or protective order violation; remove from schedule....................................................................................SB 466 Bonds and recognizances; sureties; amend provisions...................................................SB 630 Certain judges, boards, and commissions; per diem; General Assembly; compensation and allowances...................................................HB 1478 Commitment hearings; provisions....................................................................................HB 325 County jails; place of confinement; convicted felon....................................................HB 1784 Crime committed by inmate while incarcerated; reenactment proceeds; disbursement................................................................................................HB 1257 Crime victim compensation; maximum award; direct service providers....................HB 690 Crime Victims Emergency Fund; awards; remove limitation....................................HB 2055 Crime Victim's Rights Act; enact...................................................................................HB 1359 Criminal Justice Coordinating Council; add member...................................................HB 555 Criminal Justice Coordinating Council; membership ...................................................HB 882 Discovery and inspection; disclosure; depositions; criminal history records.................................................................................................HB 828 Driver's license deposited as bail; forfeiture by failure to appear; reinstatement fees.............................................................................HB 28 Family violence; bail; hearings; protective orders ..........................................................SB 555 Fleeing or attempting to elude police officer; audible and visual signal.............................................................................................HB 1381 Indigent defense; all actions and proceedings..............................................................HB 1254 Marijuana; certain violations; probate court jurisdiction..............................................SB 576 Media coverage of certain trials; prohibitions................................................................HB 318 Municipal law enforcement officers; transporting prisoners; provisions....................HB 150 Pretrial proceedings; defendant's rights; court inform...............................................HB 1673 Property bond; nonresident............................................................................................HB 1432 Rights of crime victims; provisions - CA........................................................................HR 812 School Safety and Juvenile Justice Reform Act; enact.................................................SB 440 Sentence Reform Act of 1994; enact ................................................................................SB 441 Sexual offenses; amend provisions...................................................................................HB 666 Sexual offenses; definitions .............................................................................................HB 1331 Stalking and aggravated stalking; define offenses.........................................................HB 133 Stalking and aggravated stalking; define offenses.........................................................HB 863 Stalking and aggravated stalking; define offenses; conditions for pretrial release.........................................................................................HB 37 Stalking and aggravated stalking; define offenses; notify victim of offender's release................................................................................HB 401 Stalking; redefme..............................................................................................................HB 1572 Suppression of evidence; warrant unsupported by probable cause.............................SB 113 Third-year law students as assistants in criminal proceedings...................................HB 190 Violations of wildlife laws; probate courts; jurisdiction .................................................HB 46 Violent crimes; mandatory minimum sentences; certain persons; life without parole - CA..................................................................................................SR 395 Weapons; illegal possession; forfeiture..........................................................................HB 1337

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2859

CRIMINAL PROCEDURE (Continued) Weapons used in commission of crime; destroy ..........................................................HB 1328 Witnesses; husband and wife; when compellable to give evidence...........................HB 1479 Witnesses; husband and wife; when compellable to give evidence..............................SB 609
CRISP COUNTY Cordele Judicial Circuit; judges; salary supplement ...................................................HB 1915
CROOK, LORIANNE AND CHARLIE CHASE; commend.................................HR 1044
CURTIS, MARTHA; commend......................................................................................HR 1183

D

DAFFRON, SAM; commend.............................................................................................HR 781
DALLAS, CITY OF; corporate limits............................................................................HB 1349
DALTON, CITY OF Homestead exemption; certain residents.........................................................................SB 634 Homestead exemption; certain residents.........................................................................SB 635
DARDEN, HONORABLE GEORGE (BUDDY); invite to House.......................HR 1090
DARNELL, EMMA I. Commend...........................................................................................................................HR 1072 Invite to House .................................................................................................................HR 1068
DAWSON COUNTY Board of education; districts...........................................................................................HB 1801 Governing authority; advisory referendum...................................................................HB 1799 Grant easement....................................................................................................................SR 467 Tax commissioner; compensation...................................................................................HB 2033
DAWSON, RAYFORD;commend.................................................................................HR 1069
DAY CARE Centers; rule violations; release findings.......................................................................HB 1552 Centers; vans or buses; lighting requirements ...............................................................HB 571 Employee records check; alleged child abuser................................................................SB 468 Foster care parents; records check; potential adoptive and foster parents; training programs..........................................................................SB 442 Income tax credit; child care or dependent care expenses...........................................HB 438 Smoking in child care facilities; prohibit......................................................................HB 1358 Smoking in child care facilities; prohibit.........................................................................SB 471
DEBTOR AND CREDITOR Commerce and trade; rights of creditor and surety; notice .......................................HB 1632 Garnishment; exempt certain student loans...................................................................HB 417 Insurance; credit life or credit accident and sickness; regulations .............................HB 754 Revolving accounts; application of payments; written agreement...............................SB 696
DECATUR, CITY OF; homestead exemption; certain residents..............................HB 2034
DECATUR COUNTY Board of commissioners; chairman................................................................................HB 1719 Board of commissioners; required vote.........................................................................HB 1900 Board of education; nonpartisan election .....................................................................HB 1721
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DECATUR COUNTY (Continued) State court judge; compensation....................................................................................HB 1831 Superior court; change terms..........................................................................................HB 1311
DEEDS Covenants running with the land; planned subdivision amendments......................HB 1112 Covenants running with the land; repeal certain search requirement .......................HB 974 Deed to secure debt; cancellation...................................................................................HB 1566 Joint tenancy; sole means of severance; clarify...........................................................HB 1364 Recordation; condominiums; amend provisions...........................................................HB 1567 Requirement for recordation...........................................................................................HB 1821 Residential Security Deed Act; enact...............................................................................SB 105
DEFENSE, DEPARTMENT OF State Defense Force; amend provisions ..........................................................................HB 969 State Defense Force; amend provisions...........................................................................SB 368
DEKALB COUNTY Ad valorem tax; installment payments .........................................................................HB 1581 Ad valorem tax; millage rate...........................................................................................HB 1904 Additional homestead exemption...................................................................................HB 1903 Airport Development Authority; membership; powers...............................................HB 1703 Certain constitutional amendment; repeal...................................................................HB 1470 Community Relations Commission; amend provisions...............................................HB 1494 Homestead exemption; certain residents......................................................................HB 1917 Hospital authorities; payment for services; limitations................................................HB 256 Marriage license issuance; satellite courthouses; population provisions...................................................................................................HB 1671 Probate courts; satellite courthouses; population provisions.....................................HB 1670 Recorder's court; traffic fines ............................................................................................SB 604 Tax commissioner and superior court clerk; compensation.......................................HB 1979
DELTA SIGMA THETA SORORITY; invite members to House..........................HR 751
DENTISTS AND DENTAL HYGIENISTS Accident and sickness insurance; certain joint disorder; prohibit exclusion from coverage; exceptions..............................................................SB 170
DENTURITRY; regulate practice ..................................................................................HB 1150
DEPARTMENT OF CORRECTIONS (See Penal Institutions)
DEPARTMENT OF INDUSTRY AND TRADE Coastal Georgia International and Maritime Trade Center; provisions .....................SB 415
DEVELOPMENT AUTHORITIES Airport Development Authority Law; repeal ...............................................................HB 1622 Certain property in adjoining county; prohibit purchase.............................................HB 715 Counties; minutes of meetings; prohibit purchase of certain property in adjoining county .........................................................................................SB 668 County projects in municipalities ..................................................................................HB 1143 Development impact fees for educational facilities; General Assembly provide by general law - CA........................................................HR 579 Development impact fees; water or sewer service; amend provisions............................HB 1 Downtown development authorities; directors; terms.................................................HB 1179 Joint development authorities; job tax credits ............................................................HB 1764 Regional development centers; amend provisions.......................................................HB 1482 Regional development centers; ratify certain transfers ................................................HR 360
DICKINSON, KEITH; commend ..................................................................................HR 1051

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2861

DIETITIANS LICENSING LAW; provisions...............................................................^ 20
DISABLED PERSONS (See Handicapped Persons)
DISTILLED SPIRITS Alcoholic beverages; package size definitions; hotel in-room service; minimum container..........................................................................................HB 912 Certain intoxicating liquors; prohibit delivery in state - CA.......................................HR 179 Sales by coliseum authorities............................................................................................HB 131 Sunday sales during certain hours; consumption on premises; coliseum authorities.........................................................................................................SB 314
DISTRICT ATTORNEYS Child abuse evidence; report.............................................................................................HB 530 Compensation....................................................................................................................HB 1395 Court documents; copies for district attorneys or prosecutors..................................HB 1864 Employees' Retirement; certain judicial secretaries; prior service cost.............................................................. ..................................HB 729 Legal assistants for districts attorneys; extend length of service .............................HB 1444 Peace Officer and Prosecutor Training Fund; certain annual disbursements........................................................................................................SB 65 Retirement; increased benefits; over 16 years service...................................................HB 804 Retirement; 20 years service; retire at age 55................................................................HB 806 Senior district attorney; create office............................................................................HB 1662
DIVORCE (See Domestic Relations)
DIXON, LARRY E.; commend.........................................................................................HR 912
DOBBS, MS. STACEY; commend..................................................................................HR 868
DOGS Adoption; sterilization by animal shelter......................................................................HB 1181 Dog theft and theft by receiving stolen dog; define offenses ....................................HB 1939 Guide dogs for handicapped persons; authorization to accompany trainers.......................................................................................................HB 1469
DOMESTIC RELATIONS Actions; definition; court order ........................................................................................HB 679 Adopted child; grandparent's intervention rights........................................................HB 1835 Adoption; certain relatives; notification...............................,........................................HB 1406 Adoption; rights; adopted child and adoptive parents...............................................HB 1640 Aggravated stalking; redefine..........................................................................................HB 1571 Alimony; cohabitation as grounds for modification......................................................HB 110 Appeals; certain domestic relations cases; amend provisions ....................................HB 2056 Certain actions; seminar.......................................................................................................SB 63 Child abuse evidence; report to district attorney..........................................................HB 530 Child abuse protocol; adoption by judicial circuit committee......................................SB 492 Child abuse; victim advocates report ............................................................................HB 1873 Child Advocacy Act; enact ................................................................................................HB 529 Child custody; amend provisions......................................................................................HB 575 Child custody; death of custodial parent; child 14 years or older..............................HB 483 Child custody proceedings; allegations of abuse; investigations................................HB 1465 Child custody; temporary award; court authorization ....................................................HB 10 Child support award; computation..................................................................................HB 577 Child support; award guidelines; completely revise ....................................................HB 1356 Child support; certain employers; report hiring and rehiring of certain employees..........................................................................................HB 89 Child support; certain unemployed parents; job training............................................HB 455 Child support; certain unemployment; job training......................................................HB 579

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2862

INDEX

DOMESTIC RELATIONS (Continued) Child support; computation guidelines; special circumstances..................................HB 1301 Child support; net income.................................................................................................HB 642 Child support; noncompliance; limit driver's license issuance ..................................HB 1925 Child support; noncompliance; limit issuance of certain licenses................................SB 411 Common-law marriage; prohibit after certain date..........................................................SB 36 Domestic violence intervention program; participation..............................................HB 1877 Failure to prevent delinquency of minor; define offense...........................................HB 1284 Family violence; arrest of perpetrator; victim's wishes ................................................HB 534 Family violence; bail; hearings; protective orders; administrative hearing officers; establishment of paternity .....................................SB 555 Family violence; hearing; time for holding...................................................................HB 1300 Family violence; hearing; time for holding......................................................................SB 467 Family violence; protective orders.................................................................................HB 1302 Family violence; protective orders; extension .................................................................SB 465 Grandparents visitation rights; amend provisions.......................................................HB 1425 Grandparents visitation rights; ex-affines grandparents..............................................HB 573 Health insurance in child support orders; Joint Study Committee on Child Support; issuance of certain licenses; insurance regulation relative to dependent children and Medicaid.....................HB 1515 House Study Committee on the Adoption of the Uniform Interstate Family Support Act; create ........................................................................HR 889 Income tax credit; child care or dependent care expenses...........................................HB 438 Juvenile proceedings; certain unruly child.....................................................................HB 141 Juvenile proceedings; deprived child; legal custody....................................................HB 1087 Marriage license; blood tests; exception on religious grounds...................................HB 1819 Marriage license issuance; satellite courthouses; population provisions...................................................................................................HB 1671 Marriage licenses; HIV testing.........................................................................................HB 179 Marriage licenses; HIV testing; confidentiality..............................................................HB 445 Name change of minor; parents' consent; when not required......................................SB 433 Paternity determination; genetic testing; child support................................................SB 148 Separate maintenance cases; venue - CA.........................................................................SR 392 Stalking and aggravated stalking; define offenses.........................................................HB 133 Stalking and aggravated stalking; define offenses.........................................................HB 863 Stalking and aggravated stalking; define offenses; conditions for pretrial release.........................................................................................HB 37 Stalking and aggravated stalking; define offenses; notify victim of offender's release................................................................................HB 401 Stalking; redefine..............................................................................................................HB 1572 State Children's Trust Fund and State Children's Trust Fund Commission; disbursements; repeal date...........................................................SB 493 Witnesses; husband and wife; when compellable to give evidence...........................HB 1479 Witnesses; husband and wife; when compellable to give evidence..............................SB 609
DOOLY COUNTY Cordele Judicial Circuit; judges; salary supplement ...................................................HB 1915 Georgia State Cotton Museum and Dooly County Welcome Center; official state Cotton Museum..........................................................................SR 426
DOUGHERTY COUNTY Grant easement....................................................................................................................SR 467 12 middle and high school concert bands; commend..................................................HR 1278
DOUGLAS COUNTY Board of education; amend provisions..........................................................................HB 1765 Commission meetings; location.......................................................................................HB 1924 Douglasville-Douglas County Water and Sewer Authority; elected members..............................................................................................................HB 317

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2863

DOUGLASVILLE, CITY OF Corporate limits..................................................................................................................HB 871 Douglasville-Douglas County Water and Sewer Authority; elected members..............................................................................................................HB 317
DOUGLASVILLE 1993 MUSTANGS; commend...................................................HR 1042
DOVE, JULIA JEANETTE "JENNA"; commend ..................................................HR 1167
DRIVER TRAINING INSTRUCTORS AND SCHOOLS Driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs; courthouse use..................................................................SB 109 Driver's license exemptions; persons age 21 or over being trained by licensed driving instructor..........................................................................SB 245 DUI Alcohol or Drug Use Risk Reduction Programs; regulate...................................HB 477
DRIVER'S LICENSE Administrative suspension for driving under the influence; first offense.........................................................................................................................SB 27 Certain reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program .......................................................................................HB 480 Certain reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program........................................................................................SB 307 Child support; noncompliance; limit driver's license issuance..................................HB 1925 Classes C and M; reduce fees.........................................................................................HB 1175 Commercial driver's license; operating vehicle without; penalties.................................SB 52 Commercial drivers; serious traffic violation; change definition...............................HB 1376 Definition of resident.......................................................................................................HB 1568 Driver's License Contribution for Anatomical Gifts Fund; establish.......................HB 1549 Driving under the influence; habitual violator; probationary driver's license.......................................................................................HB 1471 Driving under the influence; nolo plea; reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program ........................SB 574 Driving under the influence; suspension; amend provisions.........................................SB 418 Driving under the influence; third conviction; coding on license .............................HB 1329 DUI alcohol and drug use risk reduction programs; requirements for operation..........................................................................................HB 1399 Exams; users of bioptic lenses........................................................................................HB 1840 False application or improper use; penalty......................................................................HB 32 Firearms at school functions; penalties; forfeitures .......................................................SB 510 Free replacement; address or name change.....................................................................SB 416 Highlighted birthdate; renewal by mail..........................................................................HB 580 Insurance provisions; amend..............................................................................................SB 613 Issuance; driver sign certain pledge..................................................................................SB 402 Learners' permits; definition of resident; tag and title information; electronic transfer.....................................................................................SB 518 Minors; valid to age 21 .......................................................................................................SB 507 Motor vehicle insurance; enforcement services by private entities............................HB 416 Motor vehicle registration; proof required; surrender of driver's license upon reissuance......................................................................................HB 25 Motor vehicles; certain violations; proof of financial responsibility............................SB 579 Persons age 21 or over while being trained by licensed driving instructor; exempt from requirements............................................................SB 245 Persons under age 18; school requirement.....................................................................HB 645 Persons under age 18; school requirement...................................................................HB 1367 Persons under age 18; school requirement; hardship exemptions ...............................SB 168 Public Safety Department records; compilation of lists.................................................HB 23 Quality basic education; driver's education; program weights; art, music, physical education.......................................................................HB 617

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2864

INDEX

DRIVER'S LICENSE (Continued) Reduced fees; anatomical gifts.......................................................................................HB 1547 Reinstatement fees...............................................................................................................HB 28 Replacement; name or address change; time period...................................................HB 1283 Revocation notice; time limit to request hearing............................................................HB 22 Suspension; driving under the influence; limited driving permit.............................HB 1699 Suspension; driving under the influence; minors.........................................................HB 1374 Suspension; driving under the influence; persons under age 21.................................HB 647 Suspension; drug-related offenses..................................................................................HB 1000 Veterans' licenses; certain spouses....................................................................................SB 242 Voter registration; driver's license examiners................................................................HB 187 Voter registration; driver's license examiners................................................................HB 611 Watercraft; operation without driver's or learner's license; prohibit.......................HB 1184
DRIVING UNDER THE INFLUENCE Boat Safety Act; amend provisions...................................................................................SB 601 Breath testing machine; components...............................................................................HB 798 Chemical test; information arresting officer required to provide ................................SB 163 Chemical test; information required from arresting officer.......................................HB 1073 Conviction; red colored license plate.............................................................................HB 1498 Count prior convictions when imposing penalties.......................................................HB 1315 Crime Victims Emergency Fund; awards; remove limitation ....................................HB 2055 Defendant's record; transmit to insurance company .....................................................SB 420 Driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs; courthouse use..................................................................SB 109 Driver's license; administrative suspension for driving under the influence; first offense ......................................................................SB 27 Driver's license; DUI alcohol and drug use risk reduction programs; amend provisions........................................................................................HB 1399 Driver's license issuance; driver sign certain pledge......................................................SB 402 Driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program........................................................................HB 480 Driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program.........................................................................SB 307 Driver's license suspension; amend provisions................................................................SB 418 Driver's license suspension; certain minors; driving under the influence.........................................................................................................SB 406 Driver's license suspension; drug-related offenses.......................................................HB 1000 Driver's license suspension; limited driving permit....................................................HB 1699 Driver's license suspension; minors; driving under the influence.............................HB 1374 DUI Alcohol or Drug Use Risk Reduction Programs; regulate...................................HB 477 Eliminate nolo contendere plea.........................................................................................SB 417 Fines and forfeitures; certain traffic offenses; administrative fee ............................HB 1162 First or second conviction; work release.......................................................................HB 1230 Georgia Bureau of Investigation laboratories; controlled substances or dangerous drugs; testing.......................................................................HB 838 Habitual violator; probationary driver's license...........................................................HB 1471 Jury trial waiver; remand to lower court.........................................................................SB 421 Minimum mandatory sentences .....................................................................................HB 1250 Nolo contendere; one-time plea......................................................................................HB 1697 Nolo contendere plea; proof of completing DUI Alcohol or Drug Use Risk Reduction Program ........................................................................HB 475 Nolo plea; completion of certain program....................................................................HB 1474 Nolo plea; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program...........................................................SB 574 Offense; constitute moral turpitude; prohibit holding office - CA.............................HR 844 Persons under age 21; blood alcohol content.................................................................HB 622 Persons under age 21; blood alcohol content...............................................................HB 1927

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2865

DRIVING UNDER THE INFLUENCE (Continued) Persons under age 21; blood alcohol content ..................................................................SB 419 Persons under age 21; blood alcohol content..................................................................SB 674 Persons under age 21; license suspension .......................................................................HB 647 Prohibit possession of alcoholic beverage by convicted person...................................HB 382 Serious traffic offenses; forfeiture of property.............................................................HB 1942 Serious traffic offenses; habitual violators and driving under the influence; lookback period........................................................................HB 1698 Serious traffic offenses; signal to stop vehicle; risk program ....................................HB 1916 Speedy trial; waiver..........................................................................................................HB 1695 Stricter penalty provision................................................................................................HB 1477 Suspected offense; certain tests; informed consent.....................................................HB 1694 Third conviction; coding on license...............................................................................HB 1329 Third or subsequent conviction; publication...................................................................SB 119
DRUGS AND DRUG DEPENDENCY AND ABUSE Addiction counselors; scope of practice; exemption from licensure .........................HB 1330 AIDS confidential information; certain disclosure; authorization ............................HB 1186 Boat Safety Act; amend provisions...................................................................................SB 601 Carrying weapon at school function or on property; searches; reports......................HB 860 Clinical nurse specialist in psychiatric/mental health; provisions...............................SB 312 Controlled substances and dangerous drugs; amend listing......................................HB 1217 Controlled substances, dangerous drugs, and drug related objects; evidence; secure storage facility...................................................................HB 1588 Controlled substances; forfeitures; disposition................................................................SB 237 Controlled substances; add gamma hydroxy butytrate ..............................................HB 1202 Cost Containment and Health Care Integrity Act; enact..........................................HB 1700 Crime Victims Emergency Fund; awards; remove limitation ....................................HB 2055 Dangerous drugs; include methcathinone.....................................................................HB 1419 Dangerous drugs; nitrous oxide; except certain grades...............................................HB 1334
Driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs; courthouse use ..................................................................SB 109
Driver's license; administrative suspension for driving under the influence; first offense....................................................................................SB 27
Driver's license issuance; driver sign certain pledge......................................................SB 402 Driver's license suspension; certain minors; driving
under the influence .........................................................................................................SB 406
Driver's license suspension; driving under the influence; limited driving permit..................................................................................................HB 1699
Driver's license suspension; drug-related offenses.......................................................HB 1000 Driver's license suspension; minors; driving under the influence .............................HB 1374 Driving under the influence; breath testing machine; components............................HB 798
Driving under the influence; chemical test; information arresting officer required to provide.............................................................................SB 163
Driving under the influence; chemical test; information required from arresting officer...................................................................................HB 1073
Driving under the influence conviction; red colored license plate............................HB 1498
Driving under the influence; count prior convictions when imposing penalties..............................................................................................HB 1315
Driving under the influence; defendant's record; transmit to insurance company.....................................................................................SB 420
Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program........................HB 480
Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program ........................SB 307
Driving under the influence; driver's license suspension; amend provisions.............................................................................................................SB 418
Driving under the influence; eliminate nolo contendere plea ......................................SB 417

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2866

INDEX

DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) Driving under the influence; first or second conviction; work release.....................HB 1230 Driving under the influence; habitual violator; probationary driver's license.......................................................................................HB 1471 Driving under the influence; jury trial waiver; remand to lower court.......................SB 421 Driving under the influence; minimum mandatory sentences...................................HB 1250 Driving under the influence; nolo contendere; one-time plea...................................HB 1697 Driving under the influence; nolo contendere plea; proof of completing DUI Alcohol or Drug Use Risk Reduction Program........................HB 475 Driving under the influence; nolo plea; completion of certain program..................HB 1474 Driving under the influence; nolo plea; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program................................................................................................SB 574 Driving under the influence; persons under age 21; blood alcohol content.....................................................................................................HB 622 Driving under the influence; persons under age 21; blood alcohol content...................................................................................................HB 1927 Driving under the influence; persons under age 21; blood alcohol content......................................................................................................SB 419 Driving under the influence; persons under age 21; blood alcohol content......................................................................................................SB 674 Driving under the influence; persons under age 21; license suspension ....................HB 647 Driving under the influence; speedy trial; waiver .......................................................HB 1695 Driving under the influence; stricter penalty provision .............................................HB 1477 Driving under the influence; third or subsequent conviction; publication....................................................................................................SB 119 Drug offenses; forfeited moneys; drug abuse education.............................................HB 1335 DUI alcohol and drug use risk reduction programs; requirements for operation..........................................................................................HB 1399 DUI Alcohol or Drug Use Risk Reduction Programs; regulate...................................HB 477 Firearms; prohibitions.........................................................................................................SB 121 Health and mental health; amend provisions...................................................................SB 49 Medical assistance; certain medicare recipients; prescription drugs..........................HB 778 Mental health; transportation of certain patients..........................................................SB 443 Motor vehicle insurance; prohibit surcharge; driver clinic attendance......................HB 823 National Guard; assistance in drug enforcement and delivery of medical care; youth opportunities training program..........................................HB 1684 School bus drivers; random drug and alcohol testing...................................................HB 372 Serious traffic offenses; forfeiture of property.............................................................HB 1942 Serious traffic offenses; habitual violators and driving under the influence; lookback period........................................................................HB 1698 Serious traffic offenses; signal to stop vehicle; driving under the influence risk program...............................................................................HB 1916 Suspected driving under the influence offense; certain tests; informed consent................................................................................................HB 1694 Testing; Georgia Bureau of Investigation laboratories.................................................HB 838 Uniform rules of the road; open container of alcohol; testing of driver................................................................................................................SB 549
DUBLIN, CITY OF; board of education......................................................................HB 1923
DUGGAN, LOIS GETTYS; condolences.......................................................................HR 957
DUNWOODY HIGH SCHOOL WILDCATS FOOTBALL TEAM Invite to House ...................................................................................................................HR 677
DYE, JOHN WESLEY; commend.................................................................................HR 1188

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2867

E

EARLY COUNTY Board of education; qualifications.................................................................................HB 1691 Superior Court of Early County; change terms...........................................................HB 1715
EASSON, MARY; commend .............................................................................................HR 736
EAST DUBLIN, CITY OF; council districts..............................................................HB 1817
EAST POINT, CITY OF Building authority; membership.......................................................................................HB 905 Building authority; membership.....................................................................................HB 1796 Homestead exemption; certain residents......................................................................HB 1841 Mediation system for appeals.........................................................................................HB 1795 Mediation system for appeals of employees and officials..........................................HB 1844 Parking authority; membership......................................................................................HB 1794
EAVESDROPPING Wiretapping; conversations of child under the age of 14 years ................................HB 1243 Wiretapping; party to communication ..............................................................................HB 48
EDUCATION Adopt five-year budget act for Department of Education - CA.................................HR 103 Alternative Schools and Reeducation Act; enact.........................................................HB 1837 Blind Persons' Literacy Rights and Education Act; enact; migrant student grants; personnel certification.............................................HB 492 Board of Regents; full-time employees; urge tuition remission ..................................HR 388 Board of Regents; limit certain appropriations...........................................................HB 1149 Board of Regents; limitations upon appropriations - CA............................................HR 555 Boards of education; certain actions; majority vote....................................................HB 1516 Boards of education; certain business transactions; repeal provisions.....................HB 1839 Boards of education; designated depositories .................................................................SB 537 Boards of education; per diem for members................................................................HB 1353 Boards of education; per diem; medical and dental insurance ....................................SB 473 Capital outlay; school closures; opposition petitions ..................................................HB 1314 Carrying weapon at school function or on property; searches; reports......................HB 860 Certain funding; minimum requirements........................................................................SB 529 Certain local salary supplements; limit decreases; local boards; per diem...........................................................................................................HB 1177 Certificated personnel; criminal record checks; local boards; required vote; textbooks, library books, media material.............................SB 526 Certification of personnel by Professional Standards Commission; exception....................................................................................................SB 644 Child abuse prevention education; require course.......................................................HB 1064 College students; tuition grants; provisions..................................................................HB 1418 Community Education Act; enact..................................................................................HB 1674 Competencies and core curriculum; academic subject-based education ..................HB 1970 Counties; parents' Committee; provisions.....................................................................HB 1062 Crime-Free Schools Act; enact.......................................................................................HB 1701 Criminal law education; course of study.......................................................................HB 1345 Criminal proceedings; third-year law students as assistants.......................................HB 190 Development impact fees for educational facilities; General Assembly provide by general law - CA........................................................HR 579 Discipline in schools; prohibit corporal punishment.........................................................HB 6 Driver's education; program weights; art, music, physical education.........................HB 617 Driver's license; persons under age 18; school requirement.........................................HB 645
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2868

INDEX

EDUCATION (Continued) ''Driver's license; persons under age 18; school requirement.......................................HB 1367 ' Driver's license; persons under age 18; school requirement;
hardship exemptions.......................................................................................................SB 168 Education Accountability and Evaluation Commission; create ..................................HR 398 Education Accountability and Evaluation Commission; create ..................................HR 466 Educational enrichment tax; authorize - CA.................................................................HR 116 Educational reform programs; comprehensive evaluation..........................................HB 2047 Firearms at school functions; penalties; forfeitures .......................................................SB 510 Four-year college in Gordon County; board of Regents
appoint committee to study need..................................................................................HR 60 Funding; change from ad valorem tax to sales and use tax - CA.................................HR 90 Funding; increase sales tax one percent..........................................................................HB 613 Funding; one percent local option sales tax - CA.........................................................HR 673 Funding; repeal ad valorem tax and impose 3 percent sales tax - CA ......................HR 703 Funding; two percent sales tax; limit increase of millage rate - CA..........................HR 672 Garnishment; exempt certain student loans...................................................................HB 417 Georgia Lottery Corporation; certain contract information;
confidentiality................................................................................................................HB 1346 Graduate programs in education; urge Board of Regents
reexamine admission requirements..............................................................................HR 963 Grand juries; amend provisions; special judge of the
magistrate court; certain property sales.........................................................................SB 31 Grand juries; duties and powers; amend provisions....................................................HB 1190 HOPE scholarship grants; extend to private colleges.................................................HB 1213 House Education Reform Study Committee; create.....................................................HR 516 House Restructuring of the Education System of Georgia
Study Committee; create.................................................................................................HR 77 House Study Committee on combining Columbus Technical
Institute and Columbus College; create....................................................................HR 1063 House Third School Meal Study Committee; create....................................................HR 358 Hunter education courses; age requirement...................................................................HB 163 Individual Education Program; parental access ............................................................HB 999 Joint Special Education Reform Committee; create.....................................................HR 981 Joint Study Committee on Environmental Education; create.....................................SR 512 Juvenile law enforcement records; inspection by school officials................................SB 122 Juvenile proceedings; redefine unruly child....................................................................SB 558 Kennesaw State College; urge Board of Regents expand
graduate level programs in education..........................................................................HR 347 Local fair share funds; limitation.....................................................................................HB 282 Local school boards; certain meditation procedures; adopt policy .............................HB 582 Local school systems; equal athletic opportunities.......................................................HB 829 Lottery Commission; former employees; prohibit certain contracts.........................HB 1355 Lottery Corporation; competitive bidding....................................................................HB 1360 Lottery; educational programs; include certain pre-kindergarten............................HB 2017 Lottery for education; redefine educational purposes and programs..........................SB 437 Lottery; net proceeds; monthly transfers and reports...................................................SB 594 Lottery prizes; setoff debt collection; public assistance.............................................HB 1316 Lottery proceeds and appropriations; budget report.....................................................SB 595 Lottery proceeds; appropriation for education; amend provisions..............................SB 100 Lottery proceeds; disposition; continuation of projects.................................................SB 710 Lottery proceeds; requests for appropriations; require lists.........................................SB 593
Lottery proceeds; scholarship shortfall reserve subaccount..........................................SB 711
Lottery proceeds; shortfall reserve subaccount; provisions...........................................SB 452
Lottery retailers; contract revocation; sales to minors...............................................HB 1663
Lottery retailers; qualifications ......................................................................................HB 1379
Lottery; ticket sales by machine; limitation.................................................................HB 1385

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2869

EDUCATION (Continued) Lottery; ticket sales by machine; limitation.................................................................HB 1503 Lottery; unclaimed prizes; gifts; sales to minors.........................................................HB 1495 Mandatory education; age requirement.............................................................................SB 72 Media costs; prohibit certain expenditures..................................................................HB 1950 Midterm adjustments; training and experience.............................................................HB 937 Multiyear contracts; repeal; reenact................................................................................HB 330 Olympic Challenge in schools; urge State Board create...............................................HR 303 Open records; certain administrative proceedings; approval.......................................HB 822 Parenting skills instruction; grades 8-12.........................................................................HB 532 Percentage of state budget; limit - CA............................................................................SR 413 Possession of firearms; student on school property; penalties..................................HB 1823 Postsecondary technical schools; oppose transfer of authority to Board of Regents....................................................................................HR 1176 Private schools; secondary credit for postsecondary courses........................................SB 515 Professional Standards and Professional Practices Commission; withdrawal of applicant........................................................................HB 1462 Professions and businesses; applicant for licensure; certain preference.........................................................................................................HB 1442 Program weights; maximum class sizes.........................................................................HB 1476 Programs for intellectually gifted; eligibility criteria..................................................HB 1768 Programs mandated locally by state; funding - CA........................................................HR 10 Programs mandated locally by state; 90 percent state funding - CA........................HR 262 Programs mandated locally by state; 90 percent state funding - CA ........................HR 659 Programs mandated locally by state; urge General Assembly provide state funda.........................................................................................................HR 261 Proprietary schools; amend provisions............................................................................HB 929 Proprietary schools; exempt certain nonprofit colleges..............................................HB 1629 Proprietary schools; graduate placement requirements................................................HB 953 Proprietary schools; open records; exempt certain financial reports .......................HB 1943 Proprietary schools; public records; exemption.............................................................HB 938 Public school buildings; plans; professional responsibility........................................HB 1724 Public school discipline; student codes and standards of conduct; establish.....................................................................................................HB 1560 Public school employees and retirees; health insurance.............................................HB 1128 Public school employees; health insurance premiums; monthly installments.......................................................................................................SB 454 Public schools; include term "multiracial" on forms requesting racial identification..........................................................................................................SB 149 Public schools; uniform grading scale............................................................................HB 1421 Public schools; uniform grading system...........................................................................SB 513 Quality Basic Education Act; add certain goals...............................................................SB 43 Sales tax; exempt high school yearbooks......................................................................HB 1951 Sales tax; exempt student athletic events ....................................................................HB 1464 Sales tax; exempt vocational schools for mentally disabled......................................HB 1578 Sales tax; fund educational grants from lottery games..............................................HB 1553 Sales tax on lottery tickets; allocate to local school boards - CA...............................HR 795 School breakfast programs; establish ............................................................................HB 1557 School bus drivers; random drug and alcohol testing...................................................HB 372 School buses; load limit...................................................................................................HB 1029 School buses; unlawful to operate with unseated children.......................................HB 1380
School enrollment; social security number; repeal certain requirement....................HB 488
School fund-raisers; sales tax exemption........................................................................HB 102
School fund-raisers; sales tax exemption........................................................................HB 512
School Safety and Juvenile Justice Reform Act; enact.................................................SB 440
School superintendent; contract; summer school program; instructional costs.........................................................................................................HB 1130

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2870

INDEX

EDUCATION (Continued) School systems; multiyear lease purchase contracts; prohibit.......................................HB 45 School systems; multiyear lease purchase contracts; real property prohibition...............................................................................................HB 233 Schools adopt uniform grading system for certain eligibility....................................HB 1326 Schools; certain disciplinary sanctions; local boards impose.....................................HB 2051 Schools; certain documents; content based censorship...............................................HB 1384 Schools; chronic disciplinary problem student; provisions ...........................................SB 395 Schools; comprehensive evaluation; high-achieving exemption; psychology services; local fair share funds ..................................................................SB 436 Schools; daily moment of silent reflection; provisions...................................................SB 396 Schools; migrant student grants........................................................................................SB 647 Schools; standard building plans; state Board compile................................................HB 460 Schools; student-led prayer; extracurricular events....................................................HB 1932 Schools; use of property; student initiated prayer......................................................HB 1216 Service cancelable loans; certain registered nurses.....................................................HB 1103 Sex education and AIDS prevention instruction...........................................................HB 854 Sex education and AIDS prevention instruction; certain requirements ....................HB 423 Sex education courses; regulations...................................................................................HB 357 Special one percent sales tax; General Assembly provide - CA....................................HR 53 Special purpose sales tax; local school systems; capital outlay; General Assembly provide by general law - CA.............................................HR 13 State board authority; define textbook.........................................................................HB 1702 State Board; election by General Assembly - CA..........................................................HR 763 State flag; required display; public buildings.................................................................HB 637 State government; publicly funded program; prohibit discrimination.....................HB 1510 Strategic planning; amend provisions............................................................................HB 1325 Student assessment programs; amend provisions..........................................................HB 850 Student Finance Authority; nursing students; scholarships......................................HB 1665 Student records; parents' inspection................................................................................SB 629 Students; reportable crimes; deadly weapon at school function...............................HB 1542 Substitute teachers; bachelor's degree.............................................................................HB 405 Teachers and school personnel; contract eligibility ......................................................HB 431 Teachers; duty-free lunch..................................................................................................HB 201 Teachers; refusal to alter grade.........................................................................................SB 554 Technical and Adult Education, State Board of; personnel......................................HB 1137 Textbooks and library books; property of local administration...................................SB 484 Tuition equalization grants; approved school; definition...........................................HB 1185 Tuition equalization grants; approved school; definition...........................................HB 1574 Urge local boards adopt anti-litter pledge....................................................................HR 1036 Weapons prohibited on school property; include bludgeon-type instruments..........................................................................................HB 1100
EDWARDS, HALLIE WARD; commend......................................................................HR 910
EDWARDS MIDDLE SCHOOL OF ROCKDALE COUNTY; commend..........HR 869
EFFINGHAM COUNTY Ordinances; fines...............................................................................................................HB 1491 State court solicitor; salary.............................................................................................HB 1490
ELBERT COUNTY County administrator; powers.........................................................................................HB 1408 County surveyor................................................................................................................HB 1407
ELDERLY Ad valorem and income tax relief for elderly; General Assembly establish - CA................................................................................................HR 746 Adult residential homes and assisted living facilities; regulate.................................HB 1930

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2871

ELDERLY (Continued) Aged and Disabled Transportation Task Force; create................................................HR 921 Candidates for nonresuscitation; amend provisions....................................................HB 1450 Commerce and trade; solicitation; certain hours...........................................................HB 193 Disabled adults; abuse by caretaker; urge certain reporting.......................................HR 965 Elections; vote without waiting.............................................................. V ........................HB 988 Extraordinary Property Tax Relief Law for the Elderly; enact................................HB 1434 Family Caregiver Support Act; enact...............................................................................SB 648 Georgia Health Care Act; enact......................................................................................HB 1006 Georgia Health Insurance Plan; enact...........................................................................HB 1306 Home care providers; licensing.......................................................................................HB 1332 Homestead exemption; certain excess assessed value; certain residents ....................SB 394 Homicide; prohibit assisted suicide.................................................................................HB 415 Homicide; prohibit assisted suicide.................................................................................HB 464 House Prescription Drug Assistance for Low Income Elderly and Disabled Persons Study Committee; create........................................................HR 793 Indigent and elderly health care; county liability.........................................................HB 339
Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care; create........................................HR 242
Long-term care facilities; resident abuse; failure to report........................................HB 1945 Medicaid; limitation on prescription drugs; urge study...............................................HR 774 Medical assistance; certain medicare recipients; prescription drugs..........................HB 778 Medical assistance; long-term care patients; personal needs allowance .....................SB 552 Medical assistance; voucher program for private health care .....................................HB 601 Medical assistance; voucher program for private health care ...................................HB 1009 Nonresuscitation orders; amend provisions.....................................................................SB 580 Prescription drug reimbursement; certain disabled persons and elderly.................HB 1555 Probate court; service of guardian.....................................................................................HB 71 Probation; community service; include service for aged...............................................HB 359 Public assistance; electronic transfer of benefits...........................................................HB 615 Public assistance; food stamps; electronic transfer of cash equivalent......................HB 892 Recreational bingo; operation by nonprofit organizations............................................SB 439 Remedies for Residents of Personal Care Homes Act; enact.......................................SB 651 Sales tax; exempt certain assistive technology devices...............................................HB 1457
ELECTIONS Alcoholic beverage sales; polling place prohibition; exception....................................HB 182 Amend provisions ...............................................................................................................HB 297 Amend provisions ...............................................................................................................HB 897 Bipartisan; county commissioners and chairmen ..........................................................HB 241 Boards of registrars; college presidents appoint designees as deputies....................................................................................................HB 1286 Campaign committees; reporting requirements...........................................................HB 1556 Campaign contributions; disclosure reports; late filing fee..........................................HB 171 Campaign contributions; prohibit currency and coins................................................HB 1279 Campaign contributions; prohibit currency and coins; exception.............................HB 1280 Code correction.................................................................................................................HB 1219 Code of conduct for candidates......................................................................................HB 1231 Code of ethics for candidates............................................................................................HB 598 Code of Fair Campaign Practices; provisions.................................................................HB 469 Code of Fair Campaign Practices; provisions.................................................................HB 977 Conform Code provisions to National Voter Registration Act..................................HB 1429
Constitutional amendments; contributions to influence voter approval or rejection..........................................................................................HB 1199
Counties and municipalities; referendum provisions....................................................HB 262 County officials; nonpartisan..........................................................................................HB 1540 Courts; election of judges..................................................................................................HB 136 Delivery of returns..............................................................................................................HB 396

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2872

INDEX

ELECTIONS (Continued) Driving under the influence offense; constitute moral turpitude; prohibit holding office - CA.......................................................................HR 844 Early voting; provisions.....................................................................................................HB 738 Ethics in government; campaign and personal financial disclosure and lobbyist reporting; substantial revision of provisions ........................................SB 657 Ethics in government; campaign contributions; statement of purpose....................HB 1437 Financial disclosure; amend provisions...........................................................................HB 766 Financial disclosure statements; public officers.............................................................HB 644 General Assembly; campaign contributions; prohibit during session.......................HB 1508 General Assembly members; fees or honoraria..............................................................HB 448 Late voters; register and vote same day.........................................................................HB 993 Lobbyist disclosure; applicability to local officers and employees...........................HB 1298 Lobbyist disclosure; certain public officers; change definition....................................HB 773 Lobbyist disclosure; definitions........................................................................................HB 760 Lobbyist disclosure reports; requirement.......................................................................HB 432 Majority vote; exception for federal office .......................................................................HB 54 Municipal elections; "None of the Above" selection on ballot; runoffs.....................HB 739 Municipal elections; poll workers; appointment..........................................................HB 1422 Municipal elections; precincts; boundaries......................................................................SB 497 Municipal elections; runoffs; date..................................................................................HB 1204 Municipal officers; certain terms of office; expiration date.......................................HB 1192 Municipalities; purging voter registration lists..............................................................HB 305 Municipalities; use county registration system..............................................................HB 608 National Voter Registration Act; urge Congressional delegation to seek repeal...............................................................................................HR 743 Nomination and qualifying petitions; amend provisions..............................................HB 606 Nonpartisan elections for consolidated governments; provisions..............................HB 1215 Notice of certain federal candidacy; ballot.....................................................................HB 494 Persons over age 65; vote without waiting......................................................................HB 988 Plurality vote; exception; straight party voting..............................................................SB 680 Political action committees; connected organization ....................................................HB 907 Political contributions by corporations; prohibit...........................................................HB 151 Political party candidates; posting of list.....................................................................HB 1857 Prohibited activities; posting notice at polling place....................................................HB 370 Public Safety Department; employee participation in political campaigns; repeal prohibition.....................................................................HB 1333 Reapportionment; congressional districts; composition..............................................HB 1168 Registrars; compensation.................................................................................................HB 1736 Registrars; nomination or election to office ...................................................................HB 304 Registration requirement; public assistance recipients.................................................HB 387 Special elections; General Assembly and congressional vacancies; time for holding..........................................................................................HB 1785 Superior court judges; nonpartisan elections; plurality; ballots................................HB 1026 U. S. senators and representatives from Georgia; term limitation.............................HB 331 Voter registration; amend provisions...............................................................................HB 295 Voter registration; driver's license examiners................................................................HB 187 Voter registration; driver's license examiners................................................................HB 611 Voter registration; identification or documentation......................................................HB 437 Withdrawal of candidate at general election; provisions..............................................HB 609 Withdrawal of nominated candidate...............................................................................HB 376
ELECTRICAL SERVICE Business Expansion Support Act of 1994; enact; job tax credit ...............................HB 1527
Electricity for chlor-alkali processes; sales tax exemption...........................................HB 347 Energy resources; Tax Disclosure Act; enact ...............................................................HB 1156
High-voltage Safety Act; certain enforcement provisions; repeal .............................HB 1728

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2873

ELECTRICAL SERVICE (Continued) Residential property; prior occupant's unpaid charges; limited liens ........................HB 862 Sales tax; phased-in exemption; electricity for manufacturing processes ........................................................................ ......................HB 1843
ELLAVILLE, CITY OF Ellaville-Schley County Charter Commission; amend provisions ...... .......................HB 1598
ELLIJAY APPLE MARKETING ASSOCIATION, THE ELLIJAY LIONS CLUB, AND THE GILMER COUNTY CHAMBER OF COMMERCE; commend ......................................................... ........HR 903
ELLIJAY, CITY OF Ellijay-Gilmer County; water and sewerage authority; compensation ........................SB 677
ELLIOTT FAMILY PARKWAY; designate............................................. .................HR 1040
ELLIS, BARBARA; commend ............................................................................. ............HR 689
ELLIS, RAY ..............................................................................................................HR 1101
Invite to House .............................................................................................................. .....HR 706
EMANUEL COUNTY Middle Judicial Circuit; judges; miscellaneous expenses........ ................ ....................HB 1988
EMBERSON, THOMAS DORSEY; commend..........................................................HR 1145
EMERGENCIES AND EMERGENCY SERVICES Communications officers; training ............................................................................... ..HB 1747 Covenants running with the land; antennae installation; amateur radio operators............................................. ....................... ...........................HB 1134 Emergency medical technicians, paramedics, and cardiac technicians; recertification; amend provisions.... ......................................... ...............HB 894 Emergency rooms; life-threatening conditions; prohibit certain delays.. ...................HB 857 Emergency "911" system; public authority to operate; local governments create........................ ......................................................... .............HB 1024 House State Emergency Management Study Committee; create .................. ...............HR 51 House State Emergency Management Study Committee; create ....................... ......HR 1066 Human body parts; removal from scene of death; exception to prohibition ........................................................................................ ........HB 686 Indigent and elderly health care; county liability ............................................. ............HB 339 Invalid car; applicability...... ...................................................................... ......................HB 1426 National Guard; call to active duty for non-emergency .................................... .........HB 1600 Natural Disaster Relief Fund; establish................................................... .....................HB 1705 Peace officers and communications officers; training and certification................................................................................ .......................... ..HB 1389 Sales of certain goods during declared emergency; prohibit price increase ............................................................................................. ......HB 173 State Defense Force; amend provisions ....................................................................... ...HB 969 State Defense Force; amend provisions ............................................................. ..............SB 368 Uniform rules of the road; emergency medical technicians; certain privileges............... ............................................................................................... .HB 61 Willful obstruction of emergency medical technician; prohibitions; penalties................................................................ ........ ............................HB 659 Wreckers; provisions.. ................................................................................... ......................HB 711
EMINENT DOMAIN Condemnation award; set off by tax liens ........................................................... ...........HB 989 Condemnation of property; compensation............................ .................... ....................HB 1706

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2874

INDEX

EMINENT DOMAIN (Continued) Petroleum Pipeline Study Committee; create..............................................................HB 1726 Petroleum Pipeline Study Committee; create.................................................................SB 626
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT Child support; certain unemployed parents; job training............................................HB 455 Child support; certain unemployment; job training......................................................HB 579 Civil liability immunity from disclosure of information concerning former employee.........................................................................................HB 210 Community service boards; county departments of health and family and children services; unemployment compensation, workers' compensation, and liability coverage.........................................................HB 1921 Employment security; definitions; state-wide Reserve Ratio; unemployment benefits................................................................................................HB 1194 Georgia Equal Employment Opportunity Act; enact......................................................HB 97 Income tax withholding; employer's liability.................................................................HB 312 Insurers; employment discrimination; prohibit............................................................HB 1530 Jurors; allowance statements; work excuse; compensation........................................HB 1595 Labor pools and work-site employers; amend regulations...........................................HB 389 Labor unions; nonmembers; representation charge.......................................................HB 703 Master and servant; newly hired employees; insurance .............................................HB 2062 Minors; working hours; prohibitions..............................................................................HB 1526 Public Employees Labor Relations Act; enact.................................................................HB 99 State government; employment in more than one branch; exception to prohibition ................................................................................................HB 668 Termination contrary to public policy; prohibit............................................................HB 665 Unemployment benefit contributions; succeeding employers....................................HB 1401 Unemployment benefits; certain temporary employment; eligibility.......................HB 1282 Unemployment benefits; recovery of overpayments .....................................................HB 527 Unemployment benefits; recovery of overpayments ...................................................HB 1402 Unemployment compensation; early retirement incentives.......................................HB 1686 Unemployment Tax Amnesty Program; provisions.....................................................HB 1388 Workers' compensation; less than 7 employees; applicability.....................................HB 771 Workers' compensation; self-insurance funds; similar classification..........................HB 639 Workers' compensation; self-insurer; issuance of certificate of authority.................................................................................................HB 1472
ENERGY RESOURCES Division of; create within Environmental Facilities Authority .................................HB 1263 Tax Disclosure Act; enact................................................................................................HB 1156
ENGINEERS AND LAND SURVEYORS Cemeteries; preneed registration; plat of property......................................................HB 1396 "Engineers Day" in Georgia; declare February 8, 1994................................................HR 885 Maps and plats; recordation; specifications..................................................................HB 1458 Public school buildings; plans; professional responsibility ........................................HB 1724 State Board; create...........................................................................................................HB 1135
ENGLISH Designate as official state language..................................................................................SB 127 General Assembly; bills and resolutions; use American English...............................HB 1993
ENTERTAINMENT CAPITAL OF SOUTHWEST GEORGIA Recognize Buena Vista and Marion County..................................................................HR 757
ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources or Hazardous Substances) Air pollution control; odor-causing chemicals; limitations...........................................HB 178

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2875

ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources or Hazardous Substances) (Continued) Air pollution reduction; urge Environmental Protection Division to institute emission credit banking and trading program.......................HR 796 Biomedical waste thermal treatment technology facility; prohibit until 10/1/96.....................................................................................................HB 878 Centralized emission testing program; urge delay of implementation.......................HR 727 Certain grants; transfer administration to Environmental Facilities Authority.......................................................................................................HB 1262 Conservation; certain violations; Environmental Protection Division seek remedy................................................................................HB 1806 Division of Energy Resources; create within Environmental Facilities Authority...........................................................................HB 1263 Dry Cleaning No-Fault Cleanup Trust Fund; create..................................................HB 1814 Environmental Equity and Justice Commission; create.............................................HB 1758 Environmental Justice Act; enact....................................................................................HB 368 Erosion and sedimentation; land-disturbing activity; amend provisions....................SB 608
Erosion and sedimentation; land-disturbing activity; deny permit under certain conditions.................................................................................HB 1605
Erosion and sedimentation; land-disturbing activity; injury to property of another....................................................................................................HB 566
Global warming and air pollution; relative to.................................................................SR 173 Hazardous waste management; certain chemicals; fees................................................HB 366 Hazardous waste management; costs and fees; variances; cement kiln ......................SB 432 Hazardous waste; petroleum contaminated soil; limits ................................................HB 975 Hazardous waste sites; authorize debt to correct - CA.................................................SR 546 Hazardous waste sites; public debt to correct; Environmental
Protection Division request............................................................................................SB 698 House Environmental Justice Study Committee; create............................................HR 1013 Income tax credit; recycling manufacturing facility......................................................HB 587 Joint Study Committee on Environmental Education; create.....................................SR 512 Lakes; water quality standards; adopt............................................................................HB 558 Motor vehicle emission inspections; extend to all counties.........................................HB 623
Multiple beverage containers; certain nonbiodegradable packaging; prohibit.........................................................................................................HB 203
Natural Resources Department; transactions with state agencies; exception to prohibition..............................................................................HB 1651
Septic tank systems; amend provisions.........................................................................HB 1658
Solid waste and hazardous waste management; date for regulations; packaging prohibition; funding corrective action...............................HB 1521
Solid waste disposal site; approval of electors...............................................................HB 560 Solid waste management; requirements for service
reduction and recycling..................................................................................................HB 367 Solid waste permits; certain facilities; extend date.......................................................HB 215 Solid waste permits; limitations on modification; exception.....................................HB 1435 Surface mining; amend provisions.................................................................................HB 1777 Used Oil Collection Act; enact........................................................................................HB 1428 Waste management; municipal solid waste reduction; exemption..............................HB 433 Waste management; yard trimmings; disposal...............................................................HB 624 Water quality control; dissolved oxygen requirements...............................................HB 1352 Water resources; conservation plans; water conservation task force.............................SB 10
EQUAL RIGHTS Abortion; Civil Rights Protection Act; enact.................................................................HB 716 Abortion; Female's Right to Know Act; enact...............................................................HB 602 American Indian tribes; change listing..........................................................................HB 1244 American Indian tribes; recognition; create housing authorities .................................SB 618 American Indians; protection of burial objects; recognize tribes................................HB 725

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2876

INDEX

EQUAL RIGHTS (Continued) American Indians; transfer certain functions to commissioner of natural resources .............................................................................HB 1718 Bias Crimes Information and Documentation Act; enact ..........................................HB 2060 Black History Month; designate February of each year ...............................................SB 589 Civil Rights Act of 1994 - CA.........................................................................................HR 1174 Commission on Minority Health Improvement; create.................................................SR 391 Commission on Women; per diem allowance...................................................................HB 68 Contract awards; certain counties; nondiscrimination..................................................HB 610 Criminal desecration to burial grounds; define offense..............................................HB 1271 Cultural relations within General Assembly; relative to..............................................HR 797 Economic parity assessment; authorize study by Department of Audits and Accounts .................................................................................................HR 770 Economic parity assessment; authorize study by Department of Audits and Accounts .................................................................................................HR 776 Equitable Restrooms Act; enact.....................................................................................HB 1644 Georgia Association of Black Elected Officials (GABEO); express concern relative to health care reform........................................................HR 1239 Georgia Association of Black Elected Officials (GABEO); relative to recommendations concerning children...................................................HR 1241 Georgia Association of Black Elected Officials (GABEO); support black businesses.............................................................................................HR 1240 Georgia Association of Black Elected Officials (GABEO); support efforts relating to violence and youth.........................................................HR 1242 Georgia Equal Employment Opportunity Act; enact......................................................HB 97 House Environmental Justice Study Committee; create............................................HR 1013 Insurers; employment discrimination; prohibit............................................................HB 1530 Minority business participation; state contracts ............................................................SB 207 Prehistoric sites, burial grounds, ruins; archeological research; Council on American Indian Concerns; create............................................HB 67 Prisons; female inmates; adequate supervision............................................................HB 1528 Public stadium; mascot; breach of contract.................................................................HB 1940 Public works contracts; certain counties; nondiscrimination.......................................HB 607 Silver Rights Manifesto; proclaim....................................................................................HR 993 State agencies, schools, and employers; include term "multiracial" on forms requesting racial identification.............................................SB 149 State contracts; minority business participation...........................................................HB 675 State government; publicly funded program; prohibit discrimination.....................HB 1510 State purchasing; competitive bids; minority business...............................................HB 1755 Water closets for females; urge increase in minimum number...................................HR 705
ESTATES (See Wills, Trusts and Administration of Estates)
EVANS HIGH SCHOOL BAND; commend ..............................................................HR 1158
EVIDENCE AIDS confidential information; certain disclosure; authorization ............................HB 1186 Certain videotapes; admissibility ...................................................................................HB 1228 Controlled substances, dangerous drugs, and drug related objects; evidence; secure storage facility...................................................................HB 1588 Criminal procedure; discovery and inspection; disclosure; depositions; criminal history records...........................................................................HB 828 Criminal procedure; suppression of evidence; warrant unsupported by probable cause.....................................................................................SB 113 Depositions; amend provisions .......................................................................................HB 1417 Expert witnesses; qualification provisions; malpractice action .................................HB 1025 Facsimile transmission; admissibility............................................................................HB 1120 Law enforcement officers and arson investigators; witness fees...................................HB 40

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2877

EVIDENCE (Continued) Pharmacists; privileged medical information .................................................................HB 510 Photographs, movies, videos, recordings; admissibility.................................................SB 412 Psychologists and psychiatrists; privileged communications .......................................HB 194 Sexual offenses; amend provisions...................................................................................HB 666 Sexual offenses; definitions.............................................................................................HB 1331 Testimony; medical reports; admissibility....................................................................HB 1501 Witnesses; husband and wife; when compellable to give evidence...........................HB 1479 Witnesses; husband and wife; when compellable to give evidence..............................SB 609
EXAMINING BOARDS (See Licenses or Professions and Businesses)
EXCHANGE CLUB OF APPLING COUNTY; commend ......................................HR 954
EXCISE TAX Certain food service establishments ................................................................................HB 578 Cigarettes; increase...........................................................................................................HB 1007 County solid minerals severance tax; provisions .........................................................HB 1973 Hotels and motels; aviation museum; bicycle or pedestrian trails within historic districts......................................................................................HB 1241 Hotels and motels; change rates.....................................................................................HB 1941 Hotels and motels; pedestrian walks and trails.............................................................HB 208 Lottery ticket sales...............................................................................................................HB 56 Tobacco products other than cigars and cigarettes.......................................................HB 681
EXECUTIONS AND JUDICIAL SALES Civil practice; change of venue.......................................................................................HB 1299 Tax executions; transferees ...............................................................................................HB 563 Tax sales; political subdivisions purchasing property; amount...................................HB 565

FABIANI, ROZELL FAIR; commend............................................................................HR 996
FAMILY (Also, see Domestic Relations) Bailable offenses; family violence or protective order violation; remove from schedule......................................................................HB 1303 Bailable offenses; family violence or protective order violation; remove from schedule .........................................................................SB 466 Children and youth services; placement; private family attention home...................SB 548 Commission to Study Family Courts; create..................................................................HR 848 Domestic violence intervention program; participation..............................................HB 1877 Family Caregiver Support Act; enact...............................................................................SB 648 Family Court of the Cobb Judicial Circuit; create......................................................HB 1500 Family-planning services; availability; every business day ........................................HB 1735 House Study Committee on the Adoption of the Uniform Interstate Family Support Act; create........................................................................HR 889 Marriage licenses; additional fee; family violence centers..........................................HB 1680 Pro-family Tax Equity Act of 1994; enact....................................................................HB 1414 Violence; arrest of perpetrator; victim's wishes .............................................................HB 534 Violence; bail; hearings; protective orders; administrative hearing officers; establishment of paternity ................................................................SB 555 Violence; hearing; time for holding................................................................................HB 1300 Violence; hearing; time for holding...................................................................................SB 467 Violence; protective orders..............................................................................................HB 1302 Violence; protective orders; extension..............................................................................SB 465
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2878

INDEX

FARMS AND FARM PRODUCTS Ad valorem tax; exempt blueberry plants ......................................................................HB 664 Ad valorem tax; fair market value; current use property; timber ..............................HB 906 Ad valorem taxation of farm equipment; general Assembly provide by law - CA.....................................................................................HR 609 Agricultural commodities promotion; assessments to defray expenses; financial report................................................................................HB 1866 Agricultural products; substandard quality; disposal.................................................HB 1612 Bears; killing by owners of beehives; provisions..........................................................HB 1865 Domestic fish; prohibit liberation without permit; game fish; amend provisions .......................................................................................HB 1382 Farmers' markets; license and fee to sell; provisions..................................................HB 1611 Honeybee production; prohibit regulation by local governments.............................HB 1861 House Georgia Farmers' Markets Study Committee; create.....................................HR 1125 Leaf tobacco sales; warehousemen's maximum charges; repeal................................HB 1344 Peanut; designate official state crop..............................................................................HB 1798 Sales and use tax; definitions; farm equipment repair.................................................HB 749 Sales tax exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.......................................................................................HB 693 Sales tax exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.......................................................................................HB 786 Sales tax exemption; food for human consumption......................................................HB 526 Sales tax; fabrication; exempt routine repair of farm equipment.................................HB 74 Schools; migrant student grants.......................................................................................HB 492 Schools; migrant student grants........................................................................................SB 647 Security interest in future crops; sharecropper's portion...............................................HB 73 Seed Arbitration Council; provisions.............................................................................HB 1641 Theft of unharvested commercial agricultural products; penalty.............................HB 1277
FAYETTE COUNTY Board of elections; re-create...........................................................................................HB 1669 State court; create ............................................................................................................HB 1668
FEDERAL GOVERNMENT Certain federal lawsuit; urge Governor refrain from settling........................................HR 52 Certain parks and recreation lands; development; urge Congress appropriate funds ..........................................................................................HR 310 Certain parks and recreation lands; development; urge Congress appropriate funds ..........................................................................................HR 436 Community Right-to-Know Trust Fund; General Assembly provide by general law - CA.........................................................................................HR 241 Contracts; petroleum products; federal tax reimbursement........................................HB 891 Counties; prohibit purchase of certain property in adjoining county.........................SB 668 Crimes; federal court; concurrent jurisdiction..............................................................HB 1875 Elections; amend provisions..............................................................................................HB 897 Elections Code; conform to National Voter Registration Act...................................HB 1429 Elections; majority vote; exception for federal office .....................................................HB 54 Elections; notice of certain federal candidacy; ballot...................................................HB 494 Federal community development block grants; counties and municipalities; expenditure of funds............................................................................SB 570 Federal funds for federally mandated programs; urge Congress propose constitutional amendment.............................................................HR 260 Federal tax imposition; effective date; United States Constitutional convention..............................................................................................SR 517 Federally mandated programs; urge federal funding....................................................HR 661 Georgia and South Carolina boundary; survey and mapping.......................................SB 572 Highway definitions; include transportation enhancement activities.........................HB 883 Homosexuals in military; preserve ban prohibiting; urge Congress...........................HR 234

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INDEX

2879

FEDERAL GOVERNMENT (Continued) Insurance premium taxes; distribution; clarify term..................................................HB 1763 Lakes Allatoona and Richard B. Russell; long-term subleases of marina sites.............................................................................................HB 1372 Local government; certain property in adjoining county; prohibit purchase............................................................................................................HB 715 Health insurance regulation relative to.........................................................................HB 1515 Medicaid; limitation on prescription drugs for senior citizens; urge study.........................................................................................................HR 774 Medical assistance; certain medicare recipients; prescription drugs ..........................HB 778 Military activity not authorized by Congress; urge Congress not fund .....................HR 417 National health care reform plans; urge full disclosure...............................................HR 825 National Voter Registration Act; urge Congressional delegation to seek repeal...............................................................................................HR 743 Nursing homes; notification of impending survey; penalties........................................SB 563 Office of Planning and Budget; federal grant information system..............................SB 619 116th Fighting Wing on Dobbins Air Force Base; urge Congress maintain..............HR 897 Open meetings and open records; certain health care entities....................................HB 852 Open meetings and open records; certain hospitals......................................................HB 777 Public assistance; food stamps; electronic transfer of cash equivalent......................HB 892 Reapportionment; congressional districts; composition..............................................HB 1168 Regional development centers; amend provisions.......................................................HB 1482 Retirees; certain income taxes; urge refund.................................................................HR 1064 Retirement income; claim for refund ............................................................................HB 1336 Revenue Code; conform to Federal Code......................................................................HB 1361 School enrollment; social security number; repeal certain requirement....................HB 488 Special elections; General Assembly and congressional vacancies; time for holding..........................................................................................HB 1785 Special license plates; retired members of armed forces...............................................SB 367 State agencies, schools, and employers; include term "multiracial" on forms requesting racial identification.............................................SB 149 State depositories; certain securities; collateral to secure public deposits ................................................................................................SB 602 State regulatory authority over alcoholic beverages; confirm - CA............................HR 894 Tax imposition; effective date; urge United States Constitutional convention .............................................................................................HR 938 U. S. representatives and senators from Georgia; term limitation .............................HB 331 U. S. representatives and senators from Georgia; term limitations - CA....................HR 11 United States Constitution; repeal 1976 Resolution requesting convention....................................................................................................HR 714 Voluntary group prayer in public schools; urge United States constitutional amendment.................................................................................HR 667 Voluntary prayer in schools; urge Congress restore........................................................HR 22 Voluntary prayer in schools; urge Congress restore........................................................HR 23
FERRARI, JOSEPH; commend .....................................................................................HR 1267
FINANCIAL INSTITUTIONS Amend provisions .............................................................................................................HB 1676 Automated teller machines; safety...................................................................................HB 884 Boards of education; certain business transactions; repeal provisions.....................HB 1839 Deed to secure debt; cancellation...................................................................................HB 1566 Deposit account fraud and debit card fraud; define offenses....................................HB 1677 Interstate banking; amend provisions; bank holding companies .................................SB 451 Mortgage lenders and brokers; licensing; amend provisions......................................HB 1636
FINES AND FORFEITURES Certain traffic offenses; administrative fee ..................................................................HB 1162

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2880

INDEX

FINES AND FORFEITURES (Continued) Controlled substances; forfeitures; disposition................................................................SB 237 County and state ordinances; violations; maximum fine..............................................HB 896 Motor vehicles used in certain crimes; seizure and forfeiture...................................HB 1424 Municipal probation officers; collection of delinquencies.............................................SB 498 Weapons used in commission of crime; destroy..........................................................HB 1328
FIRE PROTECTION Adult residential homes and assisted living facilities; regulate.................................HB 1930 Apartments, houses, condominiums, motels, hotels, and dormitories; smoke detectors; limited number free to persons in need........................................SB 530 Arson investigators; witness fees; arson enforcement; responsibility of Georgia Bureau of Investigation.......................................................HB 40 Blasters; licensing provisions............................................................................................HB 866 Blasting on property adjacent to residential property; quarries.................................HB 973 Fire Department Reimbursement Act; enact..................................................................SB 671 Fire departments and law enforcement agencies; powers and duties ......................HB 1570 Firefighters; qualifications...............................................................................................HB 1772 Firefighters' Recognition Day; observe February 8, 1994............................................HR 849 Firemen's Pension; definitions; clarify certain tax exemption..................................HB 1776 Firemen's Pension; definitions; vesting; certain tax exemption.....................................SB 82 Firemen's Pension; service credit for prior service........................................................HB 821 Firemen's Pension; volunteer firemen; service credit ....................................................SB 583 Fire safety standards; adoption by county or municipality..........................................SB 533 Fireworks; redefine...........................................................................................................HB 1411 Fireworks; regulate storage................................................................................................HB 286 Handicapped persons; public facilities; accessibility.....................................................HB 865 Peace officers and communications officers; training and certification....................................................................................................................HB 1389 Personal care home; rename adult residential care home............................................HB 848 Public school buildings; plans; professional responsibility........................................HB 1724 Retirement systems standards; repeal certain exemptions for Firemen's Pension Fund..........................................................................................HB 234 Special license plates; additional fees; delete requirement ..........................................HB 698 Special license plates; firefighters; delete fee.................................................................HB 291 Special license plates; firefighters; no additional fee..................................................HB 1266 Sprinkler contractors; licensure......................................................................................HB 2057 State building codes; extensively revise provisions .......................................................HB 505
FIREARMS Aggravated assault; redefine offense; include drive-by shooting...............................HB 1198 Certain possession; exemptions from prohibition........................................................HB 1209 Commission of certain crimes by persons 13 to 17 years old; superior court jurisdiction...........................................................................................HB 1236 Commission of certain crimes by persons 13 to 17 years old; superior court jurisdiction...........................................................................................HB 1238 Crimes; commission by felon while using.......................................................................HB 832 Dangerous practices; machine gun or firearm with silencer; penalties ......................HB 652 Hellfire switches; prohibit..................................................................................................SB 474 Illegal possession; forfeiture............................................................................................HB 1337 Juvenile proceedings; certain possession; misdemeanor.............................................HB 1599 License to carry; prohibit issuance to felon..................................................................HB 1201 Possession at school functions; exemption from prohibition........................................SB 568 Possession at school functions or on property; searches; reports ...............................HB 860 Possession at school functions; penalties; forfeitures ....................................................SB 510 Possession during commission of crime; mandatory sentence...................................HB 1252 Possession; marijuana offense; penalty ...........................................................................HB 765 Possession prohibited while under influence of alcohol or drugs................................SB 121

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INDEX

2881

FIREARMS (Continued) Possession; reserve police officers..................................................................................HB 1242 Possession; student on school property; penalties.......................................................HB 1823 Revenue Department; enforcement officer; retain weapon or badge on retirement..................................................................................................HB 311 Sales; dealer provisions; records checks..........................................................................HB 732 Sales; records checks.............................................................................................................SB 12 School Safety and Juvenile Justice Reform Act; enact.................................................SB 440 Used during certain crimes; enhanced penalties .........................................................HB 1237 Used in commission of crime; destroy...........................................................................HB 1328
FIREMEN'S PENSION FUND Definitions; vesting; certain tax exemption.......................................................................SB 82 Volunteer firemen; service credit......................................................................................SB 583
FIREWORKS Redefine.............................................................................................................................HB 1411 Regulate storage..................................................................................................................HB 286
FISH AND FISHING (Also, see Game and Fish) Amend provisions................................................................................................................SB 527 Bait shrimping; amend provisions..................................................................................HB 1512 Domestic fish; prohibit liberation without permit; game fish; amend provisions.......................................................................................HB 1382 Finfish; certain red drum; prohibition..........................................................................HB 1513 Lifetime honorary license; disabled persons....................................................................SB 592 Public fishing area; fee ....................................................................................................HB 1125 Saltwater recreational fishing; licensing..........................................................................HB 594 Schools; migrant student grants.......................................................................................HB 492 Schools; migrant student grants........................................................................................SB 647
FIVE FORKS MIDDLE SCHOOL Academic Bowl Team; commend...................................................................................HR 1075 Scholars Bowl Team; commend .....................................................................................HR 1074
FLAGS State flag; change design.....................................................................................................HB 57 State flag; change design...................................................................................................HB 160 State flag; change design...................................................................................................HB 794 State flag; change design ......................................................................................................SB 71 State flag; change design; referendum.............................................................................HB 356 State Flag Commission; create ...........................................................................................HR 15 State flag; description - CA..............................................................................................HR 747 State flag; design; repeal certain provisions.................................................................HB 1440 State flag; required display; public buildings.................................................................HB 637
FLATT, DR. WILLIAM P.; invite to House...............................................................HR 1045
FLEA MARKETS; records..............................................................................................HB 1195
FLOYD COUNTY Board of commissioners; residency................................................................................HB 2006 Convey property..................................................................................................................HR 814 Hospital authority; vacancies..........................................................................................HB 2024
FLUKER, NICHOLAS "NICK" E.; commend ............................................................HR 979
FOOD Food service establishments; excise tax on food and beverages..................................HB 578 Food service establishment; nonsmoking area...............................................................HB 791 Food service establishments; requirements for food handlers...................................HB 1269

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2882

INDEX

FOOD (Continued) Nutritional Freedom Day; declare February 17, 1993..................................................HR 272 Sales tax exemption; food for human consumption......................................................HB 526
FORECLOSURE Condominiums; amend provisions....................................................................................HB 572 Condominiums; amend provisions; editorial correction..............................................HB 1981 Deed to secure debt; borrower's residence; prohibit...................................................HB 1771 Deed to secure debt; sales of real property; advertisement.......................................HB 1770 Property; form of summons............................................................................................HB 1312
FOREIGN GOVERNMENTS Limited liability partnership; provisions.......................................................................HB 1813
FORESTS AND PLANT RESOURCES Ad valorem tax; conservation use property; covenants ..............................................HB 1761 Ad valorem tax; conservation use property; limitedduration covenants.......................................................................................................HB 1760 Ad valorem tax; fair market value; current use property; timber ..............................HB 906 Environmental Equity and Justice Commission; create.............................................HB 1758 Kudzu; spreading from one property to another; penalty..........................................HB 1883 Sales tax exemption; items for growing forestry crops...............................................HB 1738 Sales tax exemption; off-road forestry equipment......................................................HB 1762
FORSYTH COUNTY Board of commissioners; vacancies ...................................................................................SB 721 Homestead exemption.........................................................................................................SB 682
FORT VALLEY, CITY OF Perry-Fort Valley Airport Authority; amend provisions............................................HB 2027
FORTNER, REVEREND CLYDE JOSEPH; condolences....................................HR 1277
4-H DAY AT STATE CAPITOL; invite winners and president to House.............HR 678
FOWLER, WALLY; commend..........................................................................................HR 866
FRANK, SHERRY Commend...........................................................................................................................HR 1137 Commend...........................................................................................................................HR 1195
FRANKLIN, CITY OF Franklin-Heard County Water Authority; members...................................................HB 1638
FRANKLIN COUNTY Board of commissioners; chairman's compensation.......................................................SB 362 Probate court judge; compensation ..................................................................................SB 363 Superior court clerk; compensation..................................................................................SB 364 SWaMP (Solid Waste Management Plan) Kids of Franklin County; commend.....HR 742 Tax commissioner; compensation......................................................................................SB 365
FRAUD Bad check diversion program; attorney General establish.........................................HB 1148 Bad check issuance; postdated check; applicability ......................................................HB 467 Bad checks; present consideration; definition.................................................................SB 223 Deposit account fraud and debit card fraud; define offenses....................................HB 1677 Forgery; certain identification cards; nonofficial.........................................................HB 1423 Fraudulent attempts to obtain refunds; prohibited information..............................HB 1378 Personal care home; employee records checks; definition of crime............................HB 650 Truth in Identification Protection Act; enact.................................................................SB 541
FUEL (See Gas, Gasoline and Gas Service)

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2883

FULTON COUNTY Ad valorem tax; installment payments .........................................................................HB 1581 Airport Development Authority; membership; powers...............................................HB 1703 Atlanta-Fulton County; joint board of tax assessors; repeal Act creating........................................................................................................HB 1289 Atlanta-Fulton Family Connection Authority; create.................................................HB 2031 Board of commissioners; compensation...........................................................................HB 371 Board of commissioners; districts ....................................................................................HB 440 Board of commissioners; districts ....................................................................................HB 808 Board of commissioners; membership.............................................................................HB 439 Board of commissioners; non-partisan elections..........................................................HB 1484 Board of education; president.........................................................................................HB 1092 Board of education; vacancies ...........................................................................................SB 638 Certain bonds; repeal local constitutional amendment................................................HB 625 Certain local constitutional amendment; repeal............................................................HB 355 Complaints from employees concerning fraud, waste, and abuse.............................HB 1485 Contract awards; nondiscrimination................................................................................HB 610 Convey property ..................................................................................................................SR 462 Fulton County School Employees Pension Fund; continue.......................................HB 1543 Grant easement....................................................................................................................SR 467 Hartsfield International Airport Overview Committee; create..................................HB 1288 Homestead exemption; certain residents......................................................................HB 1084 Hospital authorities; payment for services; limitations................................................HB 256 Marriage license issuance; satellite courthouses; population provisions...................................................................................................HB 1671 Planning commission; repeal constitutional amendment..............................................SB 653 Probate courts; satellite courthouses; population provisions.....................................HB 1670 Property tax deferrals; amend provisions.....................................................................HB 1647 Public works contracts; female business enterprises...................................................HB 1287 Public works contracts; nondiscrimination.....................................................................HB 607 Purchasing agent; powers...................................................................................................SB 500 School Employees Pension Fund; amend provisions....................................................HB 913 Special license plates; commemorate Buckhead..........................................................HB 1518 State court; add judge.........................................................................................................SB 212 Tax returns; payment date............................................................................,.................HB 1569
FULTON COUNTY MULTI-SERVICE CENTER OF THE DEPARTMENT OF CHILDREN AND YOUTH SERVICES; recognize....HR 1106
FUNERAL DIRECTORS AND EMBALMERS Licensure; continuing education.....................................................................................HB 1918

G

GAINESVILLE, CITY OF Municipal utilities; fees outside corporate limits........................................................HB 1074 Utility fees outside corporate limits................................................................................HB 945
GAINESVILLE-HALL COUNTY '96 ROUNDTABLE; commend.....................HR 920
GAINESVILLE HIGH SCHOOL GIRLS 1993 BASKETBALL TEAM; commend............................................................................HR 1212
GAMBLING Bingo by nonprofit organizations; nonmember employment.....................................HB 1182
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2884

INDEX

GAMBLING (Continued) Bingo; limitation on prize amounts ...............................................................................HB 1532 Bingo; prizes; maximum amount.......................................................................................SB 114 Gambling on "voyages to nowhere"; prohibit................................................................HB 898 Lottery; biennial submission to voters - CA..................................................................HR 669 Lottery Commission; former employees; prohibit certain contracts.........................HB 1355 Lottery Corporation; certain contract information; confidentiality..........................HB 1346 Lottery Corporation; competitive bidding ....................................................................HB 1360 Lottery Corporation; duties and powers; amend.........................................................HB 1169 Lottery for education; redefine educational purposes and programs..........................SB 437 Lottery; lien against winnings by state agencies ...........................................................HB 724 Lottery; net proceeds; monthly transfers and reports...................................................SB 594 Lottery prizes; income tax; taxable net income of nonresidents...............................HB 1368 Lottery prizes; income tax withholding.........................................................................HB 1369 Lottery prizes; setoff debt collection; public assistance.............................................HB 1316 Lottery proceeds and appropriations; budget report.....................................................SB 595 Lottery proceeds; appropriation for education; amend provisions..............................SB 100 Lottery proceeds; requests for appropriations; require lists.........................................SB 593 Lottery proceeds; shortfall reserve subaccount; provisions...........................................SB 452 Lottery retailers; contract revocation; sales to minors ...............................................HB 1663 Lottery retailers; qualifications ......................................................................................HB 1379 Lottery; ticket sales by machine; limitation.................................................................HB 1385 Lottery; ticket sales by machine; limitation.................................................................HB 1503 Lottery; ticket sales on Sundays and Christmas day; prohibit.................................HB 1174 Lottery; unclaimed prizes; gifts; sales to minors.........................................................HB 1495 Pari-mutuel racetracks and wagering; authorize .........................................................HB 1164 Pari-mutuel wagering; General Assembly regulate by law - CA.................................HR 606 Raffles by nonprofit organizations; lawful but regulated - CA...................................HR 888 Raffles by nonprofit organizations; provisions - CA.....................................................HR 133 Raffles by nonprofit organizations; provisions - CA.....................................................HR 309 Raffles by nonprofit organizations; provisions - CA.....................................................HR 434 Raffles by nonprofit organizations; provisions - CA......................................................SR 107 Recreational bingo; definition; operation by nonprofit organizations......................HB 1183 Recreational bingo; operation by nonprofit organizations............................................SB 439 Recreational bingo; provisions.............................................................................................SB 24 Recreational bingo; redefine............................................................................................HB 2049 Sales tax; fund educational grants from lottery games..............................................HB 1553
GAME AND FISH Bait shrimping; amend provisions..................................................................................HB 1512 Bear parts; prohibition against selling; exception.......................................................HB 2063 Bears; certain killing authorized ......................................................................................HB 112 Bears; killing by owners of beehives; provisions..........................................................HB 1865 Coyotes; bounties for killing; provisions .......................................................................HB 1896 Deer; special hunts to reduce overpopulation; urge Department of Natural Resources inform public......................................................HR 860 Domestic fish; prohibit liberation without permit; game fish; amend provisions.......................................................................................HB 1382 Finfish; certain red drum; prohibition..........................................................................HB 1513 Fish and fishing; amend provisions..................................................................................SB 527 Fishing in public fishing area; fee..................................................................................HB 1125 Fur-bearing animals; prohibit sale of any part; exception.........................................HB 1985 Hunter education courses; age requirement...................................................................HB 163 Hunting bears; increase bag limit....................................................................................HB 285 Hunting deer; certain crossbows during archery season...............................................HB 877 Hunting deer near certain structures; prohibit; exception.........................................HB 1585 Hunting does in certain counties; prohibit.....................................................................HB 245 Hunting; feeding or baiting locations for deer.............................................................HB 1210

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INDEX

2885

GAME AND FISH (Continued) Hunting seasons; northern and southern zones; Meriwether County ......................HB 1463 Hunting seasons; zone division; Troup County ...........................................................HB 1377 Hunting without landowner's permission; increase penalties....................................HB 1624 Lifetime honorary hunting and fishing license; disabled persons; hunting deer with crossbow............................................................................SB 592 Raccoons; open trapping season; certain area..............................................................HB 1984 Saltwater recreational fishing; licensing..........................................................................HB 594 Unlawful enticement of game; prohibit hunting on baited field.................................HB 420 Violations of wildlife laws; probate courts; jurisdiction .................................................HB 46 Wild animals; amend provisions; expand list...............................................................HB 1541 Wildlife management areas; handicapped persons operate all-terrain vehicles ..........................................................................................................HB 635
GARLAND T. BYRD BRIDGE; designate...................................................................SR 502
GARNISHMENT; certain student loans; exemption....................................................HB 417
GAS, GASOLINE AND GAS SERVICE Alcoholic beverages; prohibit sale for consumption at gasoline retail outlets.....................................................................................................HB 202 Contracts; petroleum products; federal tax reimbursement........................................HB 891 Eminent domain; Petroleum Pipeline Study Committee; create..............................HB 1726 Eminent domain; Petroleum Pipeline Study Committee; create.................................SB 626 Energy resources; Tax Disclosure Act; enact...............................................................HB 1156 Hazardous waste; petroleum contaminated soil; limits................................................HB 975 Motor fuel tax; compressed petroleum gas; gallon equivalent.....................................SB 141 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Propane dealers; exempt from certain regulations.........................................................SB 669 Public utilities; fee based on gross revenues; purchased gas adjustment for gas utility.....................................................................................HB 1672 Residential property; prior occupant's unpaid charges; limited liens........................HB 862 Underground storage tanks; amend provisions............................................................HB 1619
GEARING, REVEREND AND SISTER C. D., JR.; commend .............................HR 945
GENERAL ASSEMBLY Acts of the General Assembly; ratification by people - CA.........................................HR 811 Adjourn 1/14/94; reconvene 1/24/94; adjourn 1/27/94; reconvene 2/1/94 ..................HR 658 Adjourn 2/11/94; reconvene 2/14/94................................................................................HR 896 Adjourn 2/11/94; reconvene 2/14/94.................................................................................SR 501 Adjourn 2/18/94; reconvene 2/21/94................................................................................HR 975 Adjourn 2/18/94; reconvene 2/21/94; remainder of session adjourn each Friday; reconvene each Monday...........................................................HR 941 Adjourn 2/25/94; reconvene 2/28/94.................................................................................SR 563 Adjourn 3/4/94; reconvene 3/7/94..................................................................................HR 1067 Adjourn 3/9/94; reconvene 3/14/94; adjourn 3/14/94; reconvene 3/16/94; adjourn sine die 3/16/94..................................................................................SR 600 Agencies; proposed rules; distribution..............................................................................SB 457 Appropriations; authorize Governor to reduce - CA.......................................................HR 94 Appropriations bills; amendments or substitutes; printing requirement...................HB 307 Bills and resolutions; prefiling..........................................................................................HB 117 Bills and resolutions; prefiling...........................................................................................SB 203 Bills and resolutions; prefiling procedures .....................................................................HB 170 Bills and resolutions; use American English................................................................HB 1993 Bills; filing during interim.................................................................................................HB 188 Bills or resolutions requiring expenditure of funds by local governments; fiscal note - CA...............................................................................HR 58 Bills raising revenue; approval by voters - CA ................................................................HR 12

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2886

INDEX

GENERAL ASSEMBLY (Continued) Budgetary Responsibility Act of 1993; enact...................................................................HB 41 Budgetary Responsibility Oversight Committee; amend provisions.........................HB 1273 Budget planning; certain projects; privatization feasibility..........................................SB 427 Budget reports; estimates of income, receipts, and expenditures.............................HB 1253 Campaign contributions; prohibit during session........................................................HB 1508 Compensation and allowances; amend provisions.......................................................HB 1478 Cultural relations within General Assembly; relative to..............................................HR 797 Ethics committees; application for issuance of subpoena..........................................HB 1594 Ethics in government; campaign and personal financial disclosure and lobbyist reporting; substantial revision of provisions ........................................SB 657 Expenses and per diem........................................................................................................HB 80 Fees or honoraria................................................................................................................HB 448 Fiscal affairs subcommittees; four-year plans; Program Review Act; enact...........................................................................................HB 132 Fiscal affairs subcommittees; periodic review of programs; annual report................................................................................................HB 427 Fiscal notes; amend provisions.......................................................................................HB 1274 Four-year terms; elected state officials; limit terms - CA............................................HR 130 Four-year terms; four-term limit - CA..............................................................................HR 79 Full-time officials; salary supplement.............................................................................HB 663 General appropriations; conference committee report; requirements........................HB 646 General appropriations; FY 1994-95..............................................................................HB 1375 General bills; limit number by each member - CA.......................................................HR 194 General bills raising revenue; two-thirds vote required - CA........................................HR 92 General bills raising revenue; two-thirds vote required - CA........................................HR 95 General bills raising revenue; two-thirds vote required - CA......................................HR 193 Hartsfield International Airport Overview Committee; create..................................HB 1288 Housing Affordability Impact Note Act; enact...............................................................SB 591 Joint session; Governor's message....................................................................................HR 654 Joint session; Governor's message....................................................................................HR 657 Joint session; Governor's message; invite Supreme Court justices and Appeals Court judges...............................................................................HR 655 Joint session; message from the Chief Justice of Supreme Court..............................HR 656 Jointly sponsored bills and resolutions............................................................................SB 444 Legislative Counsel; commend editorial staff...............................................................HR 1132 Legislative information; availability through public computer network..................HB 1645 Legislative issues and policy; urge development of annual forum............................HR 1018 Limit number of consecutive terms; change terms - CA..............................................HR 702 Lobbyist disclosure reports; requirement.......................................................................HB 432 Lobbyists; ethics training courses....................................................................................HB 392 Local Government Unfunded Mandate Procedures Act; enact.................................HB 1416 Local Government Unfunded Mandate Procedures Act; enact ...................................SB 661 Notify Governor; General Assembly convened..............................................................HR 652 Political contributions by corporations; prohibit...........................................................HB 151 Proposed local bills; notice of intention; copy to governing authority .......................SB 607 Reapportionment; certain House and Senate districts..................................................SB 553 Reapportionment; House of Representatives; certain districts.................................HB 1554 Reapportionment; House of Representatives; districts 110 and 123..........................HB 672 Reapportionment; House of Representatives; districts 113 and 114..........................HB 702 Reapportionment; House of Representatives; districts 41, 44, and 85.....................HB 1929
Require quorum for countable day - CA........................................................................HR 264
Retirement bills; cost reduction amendment; actuarial study...................................HB 1780
Retirement bills; cost reduction amendment; actuarial study...................................HB 1793
Revenue shortfall reserve; increase; midyear adjustment reserve; education............................................................................................................SB 561
Revenue Stabilization Fund; create...............................................................................HB 1734

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INDEX

2887

GENERAL ASSEMBLY (Continued) Revenue Stabilization Fund; General Assembly establish - CA.................................HR 895 Senate; staggered four-year terms - CA............................................................................HR 59 State budget; limit rate of growth - CA..........................................................................HR 704 State budgetary processes; amend provisions................................................................HB 923 State government; employment in more than one branch; exception to prohibition ................................................................................................HB 668 State Government Reorganization Commission; create - CA......................................HR 806 Statewide telecommunications network; certain retirees .............................................HB 589 Supplemental appropriations; FY 1992-93.....................................................................HB 104 Supplemental appropriations; FY 1992-93.....................................................................HB 177 Supplemental appropriations; FY 1993-94.....................................................................HB 105 Supplemental appropriations; FY 1993-94...................................................................HB 1258 Supplemental appropriations; FY 1993-94...................................................................HB 1259 Supplemental appropriations; FY 1993-94...................................................................HB 1296 Supplemental appropriations; FY 1993-94...................................................................HB 1538 Supplemental appropriations; FY 1994-95...................................................................HB 1260 Supplemental appropriations; FY 1994-95...................................................................HB 1261 Synopsis of general laws; distribution; certain newspapers.......................................HB 1992 Tax or fee; law providing for or increasing; required vote - CA......................................SR 6 Term limits - CA..................................................................................................................HR 11 Term limits - CA................................................................................................................HR 708 Term limits - CA.....................................................................................................................SR 5 United States Constitution; repeal 1976 Resolution requesting convention....................................................................................................HR 714 Vacancies; special elections; time for holding..............................................................HB 1785
GENERAL RON GRIFFITH HIGHWAY; designate.................................................SR 228
GEORGIA AGRI-LEADERS FORUM; commend...................................................HR 1041
GEORGIA ASSOCIATION OF BLACK ELECTED OFFICIALS (GABEO) Express concern relative to health care reform...........................................................HR 1239 Relative to mentoring program ......................................................................................HR 1117 Relative to recommendations concerning children......................................................HR 1241 Support black businesses.................................................................................................HR 1240 Support efforts relating to violence and youth............................................................HR 1242
"GEORGIA BLUEBERRY WEEK" Recognize June 19-26, 1994, and invite Mr. Georgia Rabbit Eye Blueberry to House..............................................................................................HR 1208
GEORGIA BUILDING AUTHORITY Clark Harrison State Office Building; designate............................................................SR 248 Department of Buildings; create ....................................................................................HB 1366 Method of borrowing money.............................................................................................HB 161
GEORGIA BUREAU OF INVESTIGATION (GBI) Arson enforcement responsibility; law enforcement officers and arson investigators; witness fees.............................................................................HB 40 Georgia Crime Information Center; centralized records; public access....................HB 1708 Public Safety Integrity Act; enact.................................................................................HB 1610 Sexual Offender Registration Act; enact.......................................................................HB 1934 Subpoenas; documentary evidence.................................................................................HB 1339
GEORGIA CHICKEN COOKIN' CHAMPIONSHIP AND SOUTHERN FOODS FESTIVAL Designate Buena Vista and Marion County as official site.........................................HR 749
GEORGIA CITIZENS FOR THE ARTS; commend.................................................HR 754

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2888

INDEX

GEORGIA COUNCIL ON AGING; commend............................................................HR 882
GEORGIA HI TECH ALLIANCE; commend...........................................................HR 1177
GEORGIA JUNIOR MISS SCHOLARSHIP PROGRAM Invite 1994 Georgia Junior Miss to House.....................................................................HR 942
GEORGIA MEDICAL GROUP ADMINISTRATORS; commend.......................HR 865
GEORGIA NATIONAL GUARD DAY Designate February 3, 1994; invite Major General William P. Bland to House...........................................................................................HR 716
GEORGIA NETWORK OF CHILDREN'S ADVOCACY CENTERS; commend ......................................................................................................HR 851
GEORGIA PEACH FESTIVAL; invite representative to House..............................HR 810
GEORGIA POWER COMPANY; commend employees...........................................HR 1034
GEORGIA PUBLIC HEALTH LABORATORY Request main office remain in Atlanta.........................................................................HR 1209
GEORGIA SAVE OUTDOOR SCULPTURE; commend......................................HR 1133
GEORGIA SCHOOL FOOD SERVICE ASSOCIATION; commend.................HR 1131
GEORGIA STATE COTTON MUSEUM AND DOOLY COUNTY WELCOME CENTER; official state Cotton Museum..........................SR 426
GEORGIA STATE COUNCIL OF MACHINISTS; commend..............................HR 901
GEORGIA STATE GAMES; recognize........................................................................HR 1084
GEORGIA WOMEN OF ACHIEVEMENT; commend.............................................HR 899
GEORGIA WOMEN'S INTERSPORT NETWORK (GA-WIN) Invite members to House..................................................................................................HR 734
GEORGIA YEAR OF THE FAMILY; recognize 1994...............................................HR 856
GEORGIA YOUTH ASSEMBLY; students selected as officials; commend ........HR 1027
GEORGIA'S ANTIQUES TRAIL Designate..............................................................................................................................HR 927 Recognize...........................................................................................................................HR 1032
GEORGIA'S INDEPENDENT TELEPHONE COMPANIES AND COOPERATIVES; commend...........................................................................HR 1054
GEORGIA'S VETERANS OF FOREIGN WARS AND CONFLICTS; commend................................................................................................HR 1113
GEORGIA'S WORLD WAR II VETERANS; commend........................................HR 1070
GIFFORD, MAJOR WILLIAM Recommend induction into Georgia Aviation Hall of Fame.....................................HR 1161
GILLIAM, STELLA MAE DOTSON; condolences...................................................HR 840
GILMER COUNTY Chamber of Commerce, Ellijay Apple Marketing Association, and the Ellijay Lions Club; commend.........................................................................HR 903 Ellijay-Gilmer County; water and sewerage authority; compensation ........................SB 677
GILMER GARDEN CLUB; commend Betty Lee and members...............................HR 904

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INDEX

2889

GLOBAL WARMING AND AIR POLLUTION; relative to...................................SR 173
GLYNN COUNTY Board of elections and registration; provisions...............................................................SB 587 Commissioner districts........................................................................................................SB 675 Convey property..................................................................................................................HR 816 Convey property..................................................................................................................HR 817 Coroner; nonpartisan election............................................................................................SB 586 Grant easement....................................................................................................................SR 463 Homestead exemption; certain residents.........................................................................SB 654 Homestead exemption; certain residents.........................................................................SB 700 Magistrate court; chief magistrate....................................................................................SB 691 State court judge; compensation .......................................................................................SB 542
GOGGANS, BRIGGS AND BETTE; commend........................................................HR 1160
GOLDEN, HONORABLE TIM; committee secretary; assignment ..........................Page 41
GOOCH, HONORABLE GLENN; commend.............................................................HR 1118
GORDON COUNTY Cherokee Judicial Circuit; judges and district attorney; supplement......................HB 1974
GORDON LEE MEMORIAL HIGH SCHOOL 1993 LADY TROJANS SOFTBALL TEAM; commend ............................................................HR 1257
GOSS, DR. RAYMOND; condolences...........................................................................HR 1269
GOVERNOR Acts of the General Assembly; ratification by people - CA.........................................HR 811 Appropriations; authorization to reduce - CA.................................................................HR 94 Budget reports; estimates of income, receipts, and expenditures.............................HB 1253 Certain federal lawsuit; urge refrain from settling..........................................................HR 52 Communications.................................................................................................Pages 1, 4, 34, 37 Decentralization of state government; provisions........................................................HB 1810 Joint session; message........................................................................................................HR 654 Joint session; message........................................................................................................HR 657 Joint session; message; invite Supreme Court justices and Appeals Court judges.............................................................................................HR 655 Land acquisition; certain metropolitan Atlanta sites; urge consideration...........................................................................................................HR 467 National Guard; call to active duty for non-emergency.............................................HB 1600 Notify Governor; General Assembly convened ..............................................................HR 652 Public Service Commission; appoint; nominating commission; General Assembly provide by law - CA......................................................................HR 214
GRADY COUNTY Board of commissioners; districts ..................................................................................HB 1809 Board of education; districts...........................................................................................HB 1808 Convey property................................................................................................................HR 1012
GRANTS Certain grants; transfer administration to Environmental Facilities Authority.......................................................................................................HB 1262 Community Affairs, Department of; condition............................................................HB 1392 Community Education Act; enact..................................................................................HB 1674 Education; schools adopt uniform grading system for certain eligibility...........................................................................................................HB 1326 Fair and Open Grants Act of 1993; enact.........................................................................HB 18 Fair and Open Grants Act of 1993; enact.........................................................................HB 36 Fair and Open Grants Act of 1993; enact............................................................................SB 4

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2890

INDEX

GRANTS (Continued) Federal community development block grants; counties and municipalities; expenditure of funds............................................................................SB 570 HOPE scholarship grants; extend to private colleges.................................................HB 1213 Hospital authorities; public health purposes..................................................................HB 183 Office of Planning and Budget; federal grant information system..............................SB 619 Sales tax; fund educational grants from lottery games..............................................HB 1553 Schools; migrant student grants.......................................................................................HB 492 Schools; migrant student grants........................................................................................SB 647 Tuition equalization grants; approved school; definition...........................................HB 1185 Tuition equalization grants; approved school; definition...........................................HB 1574 Tuition grants; college students; provisions.................................................................HB 1418
GRAY, GREGORY J.; commend ...................................................................................HR 1272
GREATER PINEY GROVE BAPTIST CHURCH; commend.............................HR 1250
GREATER SAVANNAH BLACK TOURISM NETWORK; commend............HR 1273
GREENE-TALIAFERRO TIGERS FOOTBALL TEAM; invite to House.........HR 675
GREGOR, KENNETH M.; commend...........................................................................HR 1196
GRIFFIN, CITY OF Griffin-Spalding County School District; ad valorem tax; homestead exemption...................................................................................................HB 2046 Griffin-Spalding County School System; reference corrections................................HB 1410
GROOVER, HONORABLE WILSON P.; condolences ...........................................HR 1251
GUARDIAN AND WARD AIDS confidential information; certain disclosure; authorization ............................HB 1186 Failure to prevent delinquency of minor; define offense...........................................HB 1284 Guardians of minors; appointment by probate court judge .........................................SB 538 Probate court; service of guardian for minor or incapacitated adult...........................HB 71 Probate courts; fees; guardians; estates.........................................................................HB 1281
GUM BRANCH, CITY OF Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; create.............................................................HB 1894
GWINNETT COUNTY Ad valorem tax; installment payments .........................................................................HB 1581 Airport Development Authority; membership; powers...............................................HB 1703 Commissioner districts........................................................................................................SB 728 Education districts ..............................................................................................................SB 727 Grant easement....................................................................................................................SR 463 Homestead exemption.........................................................................................................SB 628 Homestead exemption; certain residents......................................................................HB 1454 Homestead exemption; certain residents......................................................................HB 1713 House Committee to Study the Composition of the Gwinnett County Governing Authority; create ...........................................................................HR 735 Lease property...................................................................................................................HR 1002 Recorder's court; amend provisions..................................................................................SB 585 State court; amend provisions........................................................................................HB 1447 State court judges; compensation...................................................................................HB 1615 Urge certain roll back of millage rate .............................................................................HR 750 Vines Botanical Gardens Enhancement and Development Authority; create...........................................................................................................HB 1871

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INDEX

2891

H

HABERSHAM COUNTY; convey property...................................................................SR 519
HALL COUNTY Board of education; nonpartisan elections....................................................................HB 1034 Homestead exemption; certain residents......................................................................HB 1966 Homestead exemption; certain residents.........................................................................SB 384
HALL, MAUD; commend...................................................................................................HR 970
HAMMONDS, GARFIELD, JR.; commend.................................................................HR 723
HAMRICK, JAMES ROBERT "ROBBIE"; commend.............................................HR 834
HANCOCK COUNTY Board of commissioners; compensation.........................................................................HB 1983 Board of education; compensation.................................................................................HB 1982
HANDICAPPED PERSONS Aged and Disabled Transportation Task Force; create................................................HR 921 Blind Persons' Literacy Rights and Education Act; enact..........................................HB 492 Business licenses; exempt certain Olympic and Paralympic persons..........................SB 414 Disability income insurance; preexisting conditions......................................................SB 490 Disabled adults; abuse by caretaker; urge certain reporting.......................................HR 965 Driver's license exams; users of bioptic lenses.............................................................HB 1840 Elections; amend provisions..............................................................................................HB 297 Family and individual support plan; urge development..............................................HR 808 Family Caregiver Support Act; enact...............................................................................SB 648 Guide dogs accompany trainers; authorization............................................................HB 1469 Handicapped identification card; proof of disability for special license plate................................................................................................HB 1550 Handicapped parking monitors; prohibit interference ..................................................SB 462 Handicapped parking; Purple Heart veterans with special plate ................................SB 401 Home care providers; licensing.......................................................................................HB 1332 Homicide; prohibit assisted suicide .................................................................................HB 415 Homicide; prohibit assisted suicide.................................................................................HB 464 House Prescription Drug Assistance for Low Income Elderly and Disabled Persons Study Committee; create .........................................HR 793 Income tax credit; builders of handicapped accessible residences............................HB 1811 Income tax credit; certain builders; handicapped standards.....................................HB 1685 License plates and drivers' licenses; certain disabled veterans; certain spouses................................................................................................SB 242 Lifetime honorary hunting and fishing license; hunting deer with crossbow..........................................................................................................SB 592 Office of Sensory Affairs; create .......................................................................................SB 521 Parking law; persons who may enforce.........................................................................HB 2007 Parking privileges; certain Medicaid transportation...................................................HB 1546 Prescription drug reimbursement; certain disabled persons and elderly.................HB 1555 Private residences; accessibility........................................................................................HB 812 Private residences; accessibility......................................................................................HB 1154 Probate court; service of guardian.....................................................................................HB 71 Probation; community service; include service for handicapped ................................HB 359 Professional counseling; licensing exemption; community service boards..............................................................................................SB 434 Public events; handicapped seating; provisions...........................................................HB 1155 Public facilities; accessibility............................................................................................HB 865
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2892

INDEX

HANDICAPPED PERSONS (Continued) Sales tax; exempt certain assistive technology devices...............................................HB 1457 Special license plates; handicapped identification card ................................................SB 547 Wildlife management areas; handicapped persons operate all-terrain vehicles..........................................................................................................HB 635
HARBIN, GIL; condolences.............................................................................................^ 1030
HARDY DURHAM FAULK, SR., MEMORIAL BRIDGE Designate..............................................................................................................................HR 967 Designate........................................................................................................................'.......SR 522
HARRIS COUNTY Commissioner districts.....................................................................................................HB 2029 Homestead exemption; certain residents......................................................................HB 1958
HARRIS, DR. WILLIAM C., JR.; commend...............................................................HR 956
HART COUNTY; industrial development authority; create......................................HB 2036
HART COUNTY HIGH SCHOOL LADY BULLDOGS BASKETBALL TEAM; commend............................................................................HR 1214
HART COUNTY PROBATION DETENTION CENTER Urge renaming as "Bobby Joe Whitworth Probation Detention Center".................HR 438
HATCH, POLICE OFFICER ROB; commend............................................................HR 801
HAWKINS, CHARLES D.; commend..........................................................................HR 1252
HAWKINS, CHARLES D., ANNE S. PEPPERS, JIMMIE L. PHILLIPS, AND WILLIAM L. THORNTON; commend ........HR 1265
HAZARDOUS SUBSTANCES Action for trespass or damage to realty; hazardous material ......................................HB 599 Biomedical waste thermal treatment technology facility; prohibit until 10/1/96.....................................................................................................HB 878 Certain chemicals; fees.......................................................................................................HB 366 Conservation; certain violations; Environmental Protection Division seek remedy ................................................................................HB 1806 Dry Cleaning No-Fault Cleanup Trust Fund; create..................................................HB 1814 Hazardous waste sites; authorize debt to correct - CA.................................................SR 546 Hazardous waste sites; public debt to correct; Environmental Protection Division request............................................................................................SB 698 House Environmental Justice Study Committee; create............................................HR 1013 Lead Poisoning Prevention Act of 1994; enact............................................................HB 1270 Management costs and fees; variances; cement kiln......................................................SB 432 Petroleum contaminated soil; limits................................................................................HB 975 Solid waste and hazardous waste; date for regulations; packaging prohibition; funding corrective action....................................................HB 1521 Solid waste permits; certain facilities; extend date.......................................................HB 215 Solid waste permits; limitations on modification; exception.....................................HB 1435
HAZEL, REVEREND ALFRED; commend...............................................................HR 1097
HAZLEHURST, CITY OF; elections............................................................................HB 1167
HEALTH Abortion; Civil Rights Protection Act; enact.................................................................HB 716 Abortion; Female's Right to Know Act; enact...............................................................HB 602 Accident and sickness insurance; certain anti-cancer drug therapy; coverage....................................................................................................SB 326

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INDEX

2893

HEALTH (Continued) Addiction counselors; scope of practice; exemption from licensure .........................HB 1330 Administrative hearings; licensees of Department of Human Resources; contested cases............................................................................HB 1584 Adult residential homes and assisted living facilities; regulate.................................HB 1930 Certificate of need; home health agencies; delete certain provisions .........................HB 816 Child support; noncompliance; limit issuance of certain licenses................................SB 411 Clinical laboratories; examination of human specimens; request by chiropractors................................................................................................HB 247 Commission on Minority Health Improvement; create.................................................SR 391 Cost Containment and Health Care Integrity Act; enact..........................................HB 1700 County boards of health; add members........................................................................HB 1869 Determination of death; coroners and deputies..............................................................SB 446 Elections; early voting; provisions....................................................................................HB 738 Emergency medical services; invalid car; applicability...............................................HB 1426 Emergency medical technicians, paramedics, and cardiac technicians; recertification; amend provisions............................................................HB 894 Emergency rooms; life-threatening conditions; prohibit certain delays.....................HB 857 Environmental Justice Act; enact ....................................................................................HB 368 Genetic testing; prohibit disclosure; exceptions..............................................................SB 704 Georgia Association of Black Elected Officials (GABEO); express concern relative to health care reform........................................................HR 1239 Georgia Health Care Act; enact......................................................................................HB 1006 Health care benefit plans; recommend prescription drug coverage............................HR 711 "Health Care for Rural and Underserved Georgians Day"; designate February 9, 1994 ...........................................................................................HR 878 Health Care Provider Act; enact....................................................................................HB 1825 Health Care Provider Act; enact.......................................................................................SB 673 Health care reform; urge elimination of pharmaceutical pricing discrimination....................................................................................................HR 982 Health care services; certain contracts; General Assembly authorize by general law - CA......................................................................................HR 943 Health care services; certain contracts; General Assembly authorize - CA..................................................................................................................SR 531 Health planning; hospitals; previous bed capacity ........................................................HB 541 Health Planning Review Board; amend provisions........................................................SB 627 Home care providers; licensing.......................................................................................HB 1332 Home health agencies; assessment for Indigent Care Trust Fund.............................HB 889 Hospital authorities; payment for services in certain counties; limitations .......................................................................................................HB 256 Hospital authorities; sovereign immunity.....................................................................HB 1525 Hospital authorities; state grants; public health purposes...........................................HB 183 Income tax credit; physicians practicing in rural counties ........................................HB 1766 Indigent and elderly health care; county liability.........................................................HB 339 Informed consent; addictive medication.......................................................................HB 1350 Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care; create........................................HR 242 Joint Steering Committee for the Georgia General Assembly's Conference on Health Care Reform/Managed Health Care; create .......................HR 875 Lay Midwifery Act; enact..................................................................................................HB 904 Lead Poisoning Prevention Act of 1994; enact............................................................HB 1270 Long-term care facilities; resident abuse; failure to report........................................HB 1945
Mammography equipment; annual radiation monitoring ..........................................HB 1971
Mental health and mental retardation; provision of services; revise ............................SB 49
National health care reform plans; urge full disclosure ...............................................HR 825
Nonresuscitation candidate; amend provisions............................................................HB 1450
Nonresuscitation orders; amend provisions.....................................................................SB 580

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2894

INDEX

HEALTH (Continued) Nursing homes; notification of impending survey; penalties........................................SB 563 Open meetings and open records; certain health care entities....................................HB 852 Open meetings and open records; certain hospitals......................................................HB 777 Open records; exempt certain medical facility...............................................................HB 336 Personal care home; employee records checks; definition of crime............................HB 650 Personal care home; licensing; long-term care ombudsman.........................................HB 649 Personal care home; rename adult residential care home............................................HB 848 Physicians' assistants; duties and functions...................................................................HB 537 Physicians; patient referral for certain health care services; prohibitions......................................................................................................HB 212 Physicians; referrals for tests..........................................................................................HB 1206 Prehistoric sites, burial grounds, ruins; archeological research; Council on American Indian Concerns; create............................................HB 67 Prescription drug reimbursement; certain disabled persons and elderly.................HB 1555 Regional and community service boards; amend provisions.........................................SB 511 Remedies for Residents of Personal Care Homes Act; enact.......................................SB 651 Rural Health Network Act; enact..................................................................................HB 1628 Septic tank systems; amend provisions.........................................................................HB 1658 State regional hospitals; classification.............................................................................HB 184 Tattooing; minimum age; permit provisions; local regulation......................................SB 517 Tattooing near eye; exemption from restrictions ........................................................HB 2053 Unclaimed or indigent bodies; cremation.....................................................................HB 1850 Vital records; certain services; limitation on fees........................................................HB 1786 Vital records; spontaneous fetal deaths; reporting provisions.....................................HB 842
HEALTH INSURANCE Assignment of benefits.....................................................................................................HB 1278 Certain anti-cancer drug therapy; coverage.....................................................................SB 326 Certain joint disorder; prohibit exclusion from coverage; exceptions .........................SB 170 Certain secondary conditions; coverage.........................................................................HB 1027 Cost Containment and Health Care Integrity Act; enact..........................................HB 1700 Coverage in child support orders; regulation relative to dependent children and Medicaid.........................................................................HB 1515 Genetic testing; prohibit disclosure; exceptions..............................................................SB 704 Georgia Association of Black Elected Officials (GABEO); express concern relative to health care reform........................................................HR 1239 Georgia Health Care Act; enact......................................................................................HB 1006 Georgia Health Insurance Plan; enact...........................................................................HB 1306 Georgia Reform Insurance Plan (GRIP); enact..............................................................SB 226 Group plans; dermatologists ...........................................................................................HB 1466 Health care benefit plans; recommend prescription drug coverage............................HR 711 Health care; Patient Freedom of Choice Act; physician's right to participate .......................................................................................................HB 1769 Health care reform; urge elimination of pharmaceutical pricing discrimination....................................................................................................HR 982 Insurer; subrogation .........................................................................................................HB 1030 Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care; create........................................HR 242 Joint Steering Committee for the Georgia General Assembly's Conference on Health Care Reform/Managed Health Care; create .......................HR 875 Limited benefit policy ......................................................................................................HB 1488 Local boards of education; per diem; medical and dental insurance ..........................SB 473 Master and servant; newly hired employees; insurance .............................................HB 2062 Medical assistance; voucher program for private health care .....................................HB 601 Medical assistance; voucher program for private health care ...................................HB 1009 Mental disorders; repealers...............................................................................................HB 761 National health care reform plans; urge full disclosure...............................................HR 825

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INDEX

2895

HEALTH INSURANCE (Continued) Policies and documents; simplification of form.............................................................HB 900 Public school employees and retirees............................................................................HB 1128 Public school employees; premiums; monthly installments..........................................SB 454 Small employer benefit plans; standards......................................................................HB 1008 Small Employer Health Coverage Availability Act; enact.........................................HB 1791 State employees' health insurance; contract with county; part-time employees.........................................................................................HB 772 State health insurance system; General Assembly provide by general law - CA.........................................................................................HR 401 Subrogation; motor vehicle insurance; rights of reimbursement...............................HB 1509
HEARD COUNTY Franklin-Heard County Water Authority; members...................................................HB 1638 Probate court judge; compensation ..................................................................................SB 621 Probate court judge; nonpartisan election....................................................................HB 1910 Sheriff; compensation .........................................................................................................SB 620 Superior court clerk; compensation..................................................................................SB 623 Tax commissioner; compensation......................................................................................SB 622
HEARING AND HEARING AIDS (Also, see Handicapped Persons) Dealers and dispensers; continuing education.............................................................HB 1860 Handicapped identification card; proof of disability for special license plate................................................................................................HB 1550 Handicapped persons; authorization for guide dogs to accompany trainers..................................................................................................HB 1469 Office of Sensory Affairs; create .......................................................................................SB 521 Special license plates; handicapped identification card ................................................SB 547 Speech-language pathologists and audiologists; licensing exemption.........................HB 381
HELTON, JIMMY; compensate.......................................................................................HR 259
HENRY COUNTY School system; commend...................................................................................................HR 989 Water and sewerage authority; compensation..............................................................HB 1815
HEPHZIBAH HIGH SCHOOL STUDENTS AND TEACHERS; commend ................................................................................................HR 1004
HERBERT A. SALIBA BRIDGE; designate...............................................................HR 773
"HEZEKIAH WALKER AND THE LOVE FELLOWSHIP CRUSADE CHOIR DAY"; proclaim February 5, 1994...........................................HR 829
HIGH POINT BAPTIST CHURCH; commend........................................................HR 1049
HIGHWAYS, BRIDGES AND FERRIES Bicycles on roadways; exceptions to right side requirement.......................................HB 827 Chief engineer; name change from state highway engineer.......................................HB 1318 Department of Transportation; county certification; tax proceeds.............................SB 543 Developmental highway system; add certain road corridor.......................................HB 1767 Developmental highway system; add highway.............................................................HB 1818 Elliott Family Parkway; designate.................................................................................HR 1040 Fleeing, eluding, or impersonating law enforcement officer; penalty.........................HB 198 Fleeing or eluding peace officer; penalty..........................................................................HB 31 Garland T. Byrd Bridge; designate...................................................................................SR 502 General Ron Griffith Highway; designate.......................................................................SR 228 Georgia Wildflower Project Fund; create - CA..............................................................HR 713 Georgia's Antiques Trail; designate.................................................................................HR 927 Hardy Durham Faulk, Sr., Memorial Bridge; designate; Barber, Mrs. Janette McGarity; place portrait in capitol........................................HR 9(57

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2896

INDEX

HIGHWAYS, BRIDGES AND FERRIES (Continued) Hazardous waste; petroleum contaminated soil; limits ................................................HB 975 Herbert A. Saliba Bridge; designate................................................................................HR 773 Highway definitions; include transportation enhancement activities.........................HB 883 Highway 87 Bypass in Cochran; urge naming Ben Jessup Bypass...........................HR 1260 Highways; commercial driveway permit; fees.................................................................HB 546 Highways; maximum speed limits; construction sites....................................................SB 487 Howard "Bo" Warren Parkway; designate.....................................................................HR 668 James E. "Billy" McKinney Bridge; designate............................................................HR 1093 Jerry D. Jackson Bridge; designate..................................................................................HR 824 Johnson Gresham Bridge; designate................................................................................HR 382 Junkyards; regulation and control...................................................................................HB 180 Limousine carriers; Public Service Commission regulate..............................................SB 317 Litter control; public trash or garbage containers; prohibitions...................................HB 95 Littering; penalty; mandatory community service.......................................................HB 1621 Local sales tax; limitation; exempt MARTA..................................................................HB 181 Local sales tax; prohibitions; exception ..........................................................................HB 861 Lucius D. Clay Memorial Parkway; designate...............................................................HR 383 MARTA; board of directors; amend provisions...........................................................HB 1452 MARTA; certain interest income; pay operating costs...............................................HB 1451 Martin Luther King, Jr., Boulevard; designate..............................................................SR 516 Metropolitan Atlanta Rapid Transit Overview Committee; amend repeal provisions................................................................................................HR 215 Minors in open bed pickups; prohibit on interstate or four lane highways..................HB 5 Motor fuel tax; additional 5 cents per gallon - CA.......................................................HR 269 Motor fuel tax; appropriate for transportation system - CA.......................................HR 271 Motor fuel tax; compressed petroleum gas; gallon equivalent.....................................SB 141 Motor fuel tax; exemption certificates; certain sales..................................................HB 1517 Motor fuel tax; increase.....................................................................................................HB 785 Motor fuel tax; urge use for any transportation purpose.............................................HR 270 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Motor vehicles; pedestrian's crosswalk; requirements ................................................HB 1240 Outdoor luminaries; expenditure for installation; restrictions....................................HB 207 Overpass on State Highway 87; urge naming James Marion "Jimmy" Dykes Overpass............................................................................................HR 1259 Portion of State Highway 107; urge designation as Military Memorial Highway; veterans; commend...................................................................HR 1261 Portion of State Highway 112; urge naming Everett Floyd Dykes Highway ..................................................................................................HR 1258 Private George W. Lee, Jr., Memorial Bridge and the James E. "Billy" McKinney Bridge; designate..........................................................HR 925 Public roads; abandonment; legal advertisement........................................................HB 1539 R. G. Daniell, Sr., Memorial Highway; designate..........................................................HR 411 Radar detectors; prohibit use ...........................................................................................HB 204 Ralph "Country" Brown Highway; designate................................................................HR 961 Reginald Trice Parkway; designate................................................................................HR 1037 Roadway lighting; urge use of technology to minimize glare, light trespass, and sky glow .................................................................................HR 62 Sales tax exemption; cargo containers and related chassis........................................HB 1561 Sergeant Ray McKibben Highway; designate................................................................HR 730 Speed detection devices; eliminate certain restriction...................................................SB 116 Speed detection devices; restrictions; exemption; certain counties............................HB 199 State Tollway Authority; change name; amend provisions...........................................SB 328 T. P. Ramsey Bridge; designate ........................................................................................SR 453 "Thaxton Lane"; designate avenue in Little Ocmulgee State Park.........................HR 1126 Transportation Board; election by roll-call vote............................................................HB 118 Transportation Department; contract requirements; waiver of limitations.....................................................................................................HB 1522

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2897

HIGHWAYS, BRIDGES AND FERRIES (Continued) Ty Cobb Parkway; designate............................................................................................HR 940 Uniform rules of the road; passenger behavior; tilted truck bed................................HB 165 Vehicle stopping on road; exception to prohibition; municipal solid waste transport......................................................................................................HB 879 Vendie Hudson Hooks, Sr., Memorial Highway; designate.........................................HR 768 Walter Kelly, Jr., Bridge and Hardy Durham Faulk, Sr., Memorial Bridge; designate .............................................................................................................SR 522 Ward Edwards Bridge; designate......................................................................................SR 386 Weight of vehicle loads; compliance...................................................................................SB 38
HILL, BISHOP ALBERT; commend.............................................................................HR 976
HILL, COL. HAINES; invite to House.........................................................................HR 1020
HILL, DR. CAROLYN E.; commend..............................................................................HR 911
HISTORICALLY BLACK COLLEGES DAY IN GEORGIA Declare February 17, 1994.................................................................................................HR 960
HOLLAND, KATIE ELIZABETH; commend...........................................................HR 1189
HOLLOWAY, JOE; commend ..........................................................................................HR 741
HOLMES, HONORABLE BOB; committee assignment............................................Page 43
HOLMES, MRS. ODELL; condolences........................................................................HR 1082
HOLYFIELD, EVANDER; commend ............................................................................HR 881
HOMELESS Building codes; state minimum standards; converted railroad cars...........................HB 939
HOMESTEAD EXEMPTION Ad valorem tax; waiver......................................................................................................HB 835 Application date; change; prohibit certain appraisers from serving on board of tax assessors..................................................................................SB 472 Certain excess assessed value; certain residents.............................................................SB 394 Certain veterans killed in conflict; surviving spouse...................................................HB 1548 Local laws for proposing or increasing; procedures.....................................................HB 1646 Local sales tax; funding for homestead exemptions; special districts......................HB 1222 Property tax deferrals; amend provisions.....................................................................HB 1647 Urge study by Joint Study Commission on Revenue Structure.................................HR 422
HONORARY COMMANDERS ASSOCIATION; commend................................HR 1164
HORN, LOUIS III; compensate.......................................................................................HR 767
HOSPITALS AND HEALTH CARE FACILITIES Certificate of need; home health agencies; delete certain provisions.........................HB 816 Death investigations; definitions; medical examiner; notification .................................SB 99 Determination of death; coroners and deputies..............................................................SB 446 Emergency medical technicians, paramedics, and cardiac technicians; recertification; amend provisions............................................................HB 894 Emergency rooms; life-threatening conditions; prohibit certain delays.....................HB 857 Employees' Retirement; certain hospital authorities; service credit..........................HB 807 Georgia Health Care Act; enact......................................................................................HB 1006 Health Care Provider Act; enact....................................................................................HB 1825 Health Care Provider Act; enact.......................................................................................SB 673 Health care services; certain contracts; General Assembly authorize by general law - CA......................................................................................HR 943

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2898

INDEX

HOSPITALS AND HEALTH CARE FACILITIES (Continued) Health care services; certain contracts; General Assembly authorize - CA................................................................................................SR 531 Health planning; previous bed capacity..........................................................................HB 541 Health Planning Review Board; amend provisions........................................................SB 627 Home care providers; licensing.......................................................................................HB 1332 Home health agencies; assessment for Indigent Care Trust Fund.............................HB 889 Homicide; prohibit assisted suicide.................................................................................HB 415 Homicide; prohibit assisted suicide.................................................................................HB 464 Hospital authorities; payment for services in certain counties; limitations..........................................................................................HB 256 Hospital authorities; real property; ad valorem tax......................................................HB 674 Hospital authorities; sovereign immunity.....................................................................HB 1525 Hospital authorities; state grants; public health purposes...........................................HB 183 Informed consent; addictive medication.......................................................................HB 1350 Joint Regional Hospital Study Committee; create........................................................HR 664 Lay Midwifery Act; enact..................................................................................................HB 904 Long-term care facilities; resident abuse; failure to report........................................HB 1945 Lottery tickets; certain sale or advertising; prohibit.....................................................HB 767 Mammography equipment; annual radiation monitoring..........................................HB 1971 Medical assistance; long-term care patients; personal needs allowance .....................SB 552 Mental health; transportation of certain patients..........................................................SB 443 Nonresuscitation candidates; amend provisions ..........................................................HB 1450 Nonresuscitation orders; amend provisions.....................................................................SB 580 Open meetings and open records; certain health care entities....................................HB 852 Open meetings and open records; certain hospitals......................................................HB 777 Open records; exempt certain medical facility...............................................................HB 336 Patient Freedom of Choice Act; physician's right to participate..............................HB 1769 Patient self-referrals; definitions; additional services; exemption...............................SB 565 Personal care home; employee records checks; definition of crime............................HB 650 Personal care home; licensing; long-term care ombudsman.........................................HB 649 Personal care home; rename adult residential care home............................................HB 848 Physicians; patient referral for certain health care services; prohibitions......................................................................................................HB 212 Rural Health Network Act; enact..................................................................................HB 1628 State negotiated contracts; cooperative hospital services organizations...................................................................................................HB 1991 State regional hospitals; classification.............................................................................HB 184 Torts; certain resident physicians; immunity...............................................................HB 1892 Workers' compensation; medical fees; limitation ........................................................HB 1433
HOTELS AND MOTELS Alcoholic beverages; package size definitions; in-room service; minimum container ........................................................................................................HB 912 Assigned rooms; provisions ................................................................................................SB 536 Excise tax; aviation museum; bicycle or pedestrian trails within historic districts................................................................................................HB 1241 Excise tax; pedestrian walks and trails...........................................................................HB 208 Innkeepers; define guest; amend provisions.................................................................HB 1097 Post certain notice in guest rooms.................................................................................HB 1157 Room rates during Olympics; prohibitions...................................................................HB 1357 Sales tax; length of stay.................................................................................................-HB 1507 Smoke detectors; requirements .........................................................................................SB 530 Tax; change rates..............................................................................................................HB 1941
HOUSE OF REPRESENTATIVES Abney, George M.; invite to House..................................................................................HR 766 Adjourn 1/14/94; reconvene 1/24/94; adjourn 1/27/94; reconvene 2/1/94 ..................HR 658

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INDEX

2899

HOUSE OF REPRESENTATIVES (Continued) Adjourn 2/11/94; reconvene 2/14/94................................................................................HR 896 Adjourn 2/11/94; reconvene 2/14/94.................................................................................SR 501 Adjourn 2/18/94; reconvene 2/21/94................................................................................HR 975 Adjourn 2/18/94; reconvene 2/21/94; remainder of session adjourn each Friday; reconvene each Monday...........................................................HR 941 Adjourn 2/25/94; reconvene 2/28/94.................................................................................SR 563 Adjourn 3/4/94; reconvene 3/7/94..................................................................................HR 1067 Adjourn 3/9/94; reconvene 3/14/94; adjourn 3/14/94; reconvene 3/16/94; adjourn sine die 3/16/94..................................................................................SR 600 Agencies; proposed rules; distribution..............................................................................SB 457 Alpha Kappa Alpha Sorority, Inc.; invite president and members to House..................................................................................................HR 922 Arrington, Honorable Marvin S.; invite to House.........................................................HR 939 Bellamy, Walt; invite to House........................................................................................HR 390 Bills and resolutions; prefiling..........................................................................................HB 117 Bills and resolutions; prefiling...........................................................................................SB 203 Bills and resolutions; prefiling procedures .....................................................................HB 170 Bills and resolutions; use American English................................................................HB 1993 Bills; filing during interim.................................................................................................HB 188 Blackwell, Major General Paul E.; commander of Ft. Stewart; invite to House..........................................................................................HR 769 Blanton, Ms. Vallye; invite to House..............................................................................HR 880 Blount, Melvin Carnell; invite to House.......................................................................HR 1047 Blue Ridge Mountain Electric Membership Corporation; invite superintendent to House....................................................................................HR 846 Brooks, Honorable Tyrone; communication...................................................................Page 64 Buck, Matt; invite to House...........................................................................................HR 1078 Burton, Nancy Mewborn; invite to House....................................................................HR 1025 Camillia Festival Month; designate February; invite representatives to House...............................................................................................HR 798 Campbell, Mayor Bill; invite to House...........................................................................HR 733 Cliches from well; relative to............................................................................................HR 256 Committee assignments...........................................................Pages 3, 6, 40, 41, 42, 43, 44, 45 Cordele-Crisp County Fish Fry; invite representatives to House...............................HR 845 Crecine, President John Patrick; invite to House.......................................................HR 1046 Darden, Honorable George (Buddy); invite to House................................................HR 1090 Darnell, Emma I.; invite to House.................................................................................HR 1068 Delta Sigma Theta Sorority; invite members to House...............................................HR 751 Dunwoody High School Wildcats football team; invite to House...............................HR 677 Ellis, Ray; invite to House................................................................................................HR 706 Ethics Committee; application for issuance of subpoena...........................................HB 1594 Expenses and per diem..................................................................................:.....................HB 80 Fees or honoraria................................................................................................................HB 448 Fiscal affairs subcommittees; four-year plans; Program Review Act; enact...........................................................................................HB 132 Fiscal affairs subcommittees; periodic review of programs; annual report................................................................................................HB 427 Flatt, Dr. William P.; invite to House...........................................................................HR 1045 4-H Day at state capitol; invite winners and president to House..............................HR 678 Four-year terms; four-term limit - CA..............................................................................HR 79 General bills; limit number by each member - CA.......................................................HR 194 "Georgia Blueberry Week"; recognize June 19-26, 1994, and invite Mr. Georgia Rabbit Eye Blueberry to House..........................................................HR 1208 Georgia Junior Miss Scholarship Program; invite 1994 Georgia Junior Miss to House......................................................................................HR 942 Georgia National Guard Day; designate February 3, 1994; invite Major General William P. Bland to House.....................................................HR 716

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2900

INDEX

HOUSE OF REPRESENTATIVES (Continued) Georgia Peach Festival; invite representative to House...............................................HR 810 Georgia Women's Intersport Network (GA-WIN); invite members to House..........HR 734 Greene-Taliaferro Tigers football team; invite to House.............................................HR 675 Hill, Col. Haines; invite to House..................................................................................HR 1020 House Competitive Local Telephone Service Study Committee; create .................HR 1127 House Georgia Farmers' Markets Study Committee; create.....................................HR 1125 House Pain Management Study Committee; create.....................................................HR 729 House Study Committee on combining Columbus Technical Institute and Columbus College; create....................................................................HR 1063 House Title Insurance Regulation Study Committee; create....................................HR 1175 Housing Affordability Impact Note Act; enact...............................................................SB 591 Irvin, Honorable Robert A.; oath of office.......................................................................Page 5 Jointly sponsored bills and resolutions............................................................................SB 444 Joint Regional Hospital Study Committee; create........................................................HR 664 Joint session; Governor's message....................................................................................HR 654 Joint session; Governor's message....................................................................................HR 657 Joint session; Governor's message; invite Supreme Court justices and Appeals Court judges...............................................................................HR 655 Joint session; message from the Chief Justice of Supreme Court..............................HR 656 Joint Special Education Reform Committee; create.....................................................HR 981 Joint Study Commission on Revenue Structure; re-create..........................................HR 662 Joint Study Committee on Environmental Education; create.....................................SR 512 Keep Macon-Bibb Beautiful Commission, city and county officers, and Cherry Blossom Festival Board; invite to House ...............................HR 752 Langley, Dax; invite to House..........................................................................................HR 858 Lawrence, Honorable Thomas E.; communication......................................................Page 220 Leavell, Charles "Chuck"; invite to House.....................................................................HR 884 Legislative information; availability through public computer network..................HB 1645 Legislative issues and policy; urge development of annual forum............................HR 1018 Limit number of consecutive terms; change terms - CA..............................................HR 702 Lithia Springs High School women's softball team; invite to House.........................HR 676 Martin, Kara; invite to House..........................................................................................HR 813 Metro Fast-Pitch Softball Tournament participants; invite to House......................HR 715 Mobley, Honorable Barbara; communication ..............................................................Page 220 Mundy, General Carl E.; invite to House.......................................................................HR 898 Mustang 1992 All-Stars; invite to House........................................................................HR 364 Northwest Whitfield High School Mock Trial team; invite to House .....................HR 1213 Notify Governor; General Assembly convened ..............................................................HR 652 Pitts, Staff Sergeant Robert C. Ill; invite to House.....................................................HR 809 Proposed local bills; notice of intention; copy to governing authority .......................SB 607 Propst, Chancellor H. Dean; invite to House...............................................................HR 1038 Purcell, Honorable Benjamin H.; oath of office..............................................................Page 3 Reapportion certain districts..........................................................................................HB 1554 Reapportion certain districts.............................................................................................SB 553 Reapportion districts 41, 44, and 85..............................................................................HB 1929 Reapportion districts 110 and 123...................................................................................HB 672 Reapportion districts 113 and 114...................................................................................HB 702 Representative from 18th District; censure....................................................................HR 670 Representative from 96th District; reprimand...............................................................HR 665 Require quorum for countable day - CA........................................................................HR 264 Rules; add Rule 11A.............................................................................................................HR 97
Rules; adopt.........................................................................................................................HR 653
Rules; amend Rule 7 ..........................................................................................................HR 983
Rules; amend Rule 11........................................................................................................HR 328
Rules; amend Rule 11 ........................................................................................................HR 329
Rules; amend Rule 11 ........................................................................................................HR 350

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INDEX

2901

HOUSE OF REPRESENTATIVES (Continued) Rules; amend Rule 11 ........................................................................................................HR 515 Rules; amend Rule 11 ........................................................................................................HR 539 Rules; amend Rule 11 ......................................................................................................HR 1156 Rules; amend Rule 29 ..........................................................................................................HR 18 Rules; amend Rule 37........................................................................................................HR 985 Rules; amend Rule 58........................................................................................................HR 988 Scottish Borders Enterprise; invite chairman and chief executive to House................................................................................................HR 822 Sherrill, Honorable Tom; communication....................................................................Page 923 Skandalakis, Mitch; invite to House ...............................................................................HR 873 Smith-Murphy Conference Room; designate.................................................................HR 660 Smith, O. Bruton; invite to House...................................................................................HR 821 Smokey Bear; 50th anniversary; invite to House..........................................................HR 930 Speaker; communications.......................................Pages 3, 6, 40, 41, 42, 43, 44, 45, 219, 221 Special elections; General Assembly and congressional vacancies; time for holding..........................................................................................HB 1785 State Planning and Community Affairs Committee; commend staff.......................HR 1157 Stockbridge High School Naval Junior Reserve Officers' Training Corps; invite to House...................................................................................HR 772 Synopsis of general laws; distribution; certain newspapers.......................................HB 1992 Taylor, Sergeant Walt; invite to House..........................................................................HR 924 Term limits - CA................................................................................................................HR 708 The Paralympic Games; invite athletes and medal winners to House......................HR 876 Thomas County Central High School Yellow Jackets football team; invite to House......................................................................................HR 794 Thompson, Dr. Edwin Alfred; invite to House............................................................HR 1092 Trion High School industrial arts classes; invite to House..........................................HR 341 Trion High School wrestling team and coach; invite to House.................................HR 1085 Twiggs Academy Lady Trojan Softball Team; invite to House..................................HR 862 University of Georgia 1993 gymnastics team; invite to House....................................HR 707 Warner Robins Air Logistics Center; major General William P. Hallin, Commander; invite to House.......................................................HR 931 Webb, Melvin R., Ph.D. and the Clark Atlanta University Prism-D Program; invite Dr. Webb and participants to House ...........................HR 1065 Westmoreland, Honorable Lynn; communication.....................................................Page 1214 Wisham, Officer Gary; invite to House...........................................................................HR 923 Wright, Captain Jeffrey Stewart, U.S.M.C.; condolences; invite family to House ...................................................................................................HR 192 Yeargin, Honorable Charles W.; communication ........................................................Page 222
HOUSING (See Buildings and Housing)
HOUSTON COUNTY Board of education; reconstitute.......................................................................................SB 733 Board of elections; create................................................................................................HB 1881 Board of elections; repeal Act providing.......................................................................HB 1880 Georgia Agricultural Exposition Authority; venue for actions..................................HB 1191 School district building authority; create.....................................................................HB 2038
HOWARD "BO" WARREN PARKWAY; designate..................................................HR 668
HOWARD, DEACON JESSIE; condolences ................................................................HR 841
HUMAN RESOURCES, DEPARTMENT OF Administrative hearings; licensees; contested cases....................................................HB 1584 Aid to dependent children; recovery; action................................................................HB 1848 Child abuse registry; hearing before accused's name is added..................................HB 1351 Children and youth; parental rights; certain termination..........................................HB 1492

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2902

INDEX

HUMAN RESOURCES, DEPARTMENT OF (Continued) Day-care centers; rule violations; release findings.......................................................HB 1552 Disabled persons; family and individual support plan; urge development ...............HR 808 Driver's License Contribution for Anatomical Gifts Fund; establish.......................HB 1549 DUI Alcohol or Drug Use Risk Reduction Programs; regulate...................................HB 477 Education; service cancelable loans; certain registered nurses..................................HB 1103 Foster care parents; records check; potential adoptive and foster parents; training programs..........................................................................SB 442 Health and mental health; amend provisions...................................................................SB 49 Home care providers; licensing.......................................................................................HB 1332 Human Resources Board; membership; practice of medicine.....................................HB 166 Human Resources Board; membership; prohibit certain lobbyists ..........................HB 1481 Medicaid; limitation on prescription drugs for senior citizens; urge study.............................................................................................HR 774 Mental health; clinical records; disclosure....................................................................HB 1405 Office of State Administrative Hearings; create..........................................................HB 1443 Planned Parenthood; urge discontinuation of contract..............................................HR 1011 Potential adoptive or foster parents; training program; payment............................HB 1620 Prescription drug reimbursement; certain disabled persons and elderly.................HB 1555 Public assistance; electronic transfer of benefits...........................................................HB 615 Public assistance; food stamps; electronic transfer of cash equivalent......................HB 892 Rural Health Network Act; enact..................................................................................HB 1628 Septic tank systems; amend provisions.........................................................................HB 1658 Tattooing; minimum age; permit provisions; local regulation......................................SB 517 Tobacco products; sales locations; inspect....................................................................HB 1618
HUNGELING, DAVID; commend ................................................................................HR 1121
HUNTING (Also, see Game and Fish) Bears; certain killing authorized ......................................................................................HB 112 Hunter education courses; age requirement...................................................................HB 163 Hunting bears; increase bag limit....................................................................................HB 285 Hunting deer; certain crossbows during archery season...............................................HB 877 Hunting deer near certain structures; prohibit; exception.........................................HB 1585 Hunting does in certain counties; prohibit.....................................................................HB 245 Hunting seasons; zone division; Troup County...........................................................HB 1377 Hunting without landowner's permission; increase penalties....................................HB 1624 Lifetime honorary license; disabled persons; hunting deer with crossbow...........................................................................................SB 592 Seasons; northern and southern zones; Meriwether County......................................HB 1463 Unlawful enticement of game; prohibit on baited field................................................HB 420 Violations of wildlife laws; probate courts; jurisdiction .................................................HB 46 Wildlife management areas; handicapped persons operate all-terrain vehicles ..........................................................................................................HB 635

INCOME TAX Aid to families with dependent children; initiative to promote work, education and family stability....................................................HB 1746 Business Expansion Support Act of 1994; enact; job tax credit...............................HB 1527 Computation; change tables............................................................................................HB 1634 Confidentiality of returns; exception...............................................................................HB 273 Corporations; officers' liability for tax penalty or interest..........................................HB 272
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INDEX

2903

INCOME TAX (Continued) Credit; builders of handicapped accessible residences................................................HB 1811 Credit; certain builders; handicapped standards.........................................................HB 1685 Credit; physicians practicing in rural counties............................................................HB 1766 Deduction; interest on certain motor vehicle loans.......................................................HB 901 Dependent exemption; retirement income exclusion....................................................HB 596 Dependent exemption; retirement income exclusion..................................................HB 1272 Extraordinary Property Tax Relief Law for the Elderly; enact................................HB 1434 Federal retirees; certain income taxes; urge refund....................................................HR 1064 Federal retirement income; claim for refund...............................................................HB 1336 Fraudulent underpayment; amend provisions................................................................HB 271 Local income tax; referendum to impose; revise provisions........................................HB 742 Lottery; certain prizes......................................................................................................HB 1369 Lottery prizes; taxable net income of nonresidents....................................................HB 1368 Natural Disaster Relief Fund; establish........................................................................HB 1705 Personal exemption; increase............................................................................................HB 348 Personal exemption; increase..........................................................................................HB 1291 Pro-family Tax Equity Act of 1994; enact....................................................................HB 1414 Real and personal property; sale by nonresidents; withholding tax.........................HB 1480 Recycling manufacturing facility; credit.........................................................................HB 587 Retirement systems standards; repeal certain exemptions for Firemen's Pension Fund..........................................................................................HB 234 Revenue Code; conform to Federal Code......................................................................HB 1361 Revenue Stabilization Fund; create...............................................................................HB 1734 Revenue Stabilization Fund; General Assembly establish - CA .................................HR 895 Severance of solid minerals.............................................................................................HB 1759 Tax amnesty; additional penalties...................................................................................HB 310 Tax amnesty; collection fee cost......................................................................................HB 274 Tax appeals; payment of portion of assessments..........................................................HB 390 Tax levy; accounts with financial institutions...............................................................HB 275 Taxable net income; certain shareholder adjustments.................................................HB 220 Taxable nonresident...........................................................................................................HB 803 Underpayment and overpayment; interest ...................................................................HB 1797 Withholding; employer's liability.....................................................................................HB 312 Withholding requirements; periodic payments ............................................................HB 1363
INDEMNIFICATION Georgia State Indemnification Commission; composition..........................................HB 1617 Law enforcement officers; line of duty............................................................................HB 250
INDIGENT (See Social Services)
INFECTIOUS DISEASES Homicide; prohibit assisted suicide.................................................................................HB 415 Homicide; prohibit assisted suicide.................................................................................HB 464 Law enforcement officers; threat of transmission .........................................................HB 162 Marriage licenses; HIV testing.........................................................................................HB 179 Marriage licenses; HIV testing; confidentiality..............................................................HB 445 Sex education and AIDS prevention instruction...........................................................HB 854 Sex education and AIDS prevention instruction; certain requirements....................HB 423
INITIATIVE PETITION Power to enact, amend, or repeal - CA.........................................................................HR 1109 Power to enact or reject - CA...........................................................................................HR 980 Power to enact or reject amendments to the constitution - CA.................................HR 257 Power to enact or reject statutes - CA............................................................................HR 258 Power to enact or reject statutes and amendments to the constitution - CA ................................................................................................HR 104

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2904

INDEX

INSURANCE Adverse underwriting decision; delete certain provisions ..........................................HB 1681 Agent licensure; certain private contractors.................................................................HB 1824 Agent's certificate of authority; notice of termination ...............................................HB 1661 Agents; definitions; certain employees.............................................................................SB 413 Amend provisions................................................................................................................SB 264 Audits of insurers; additional requirements...................................................................HB 126 Authority to transact; risk-based capital requirement ...............................................HB 1842 Brokers and solicitors; clarify certain references............................................................SB 280 Cancellation of policy; written request..........................................................................HB 1142 Capital stock; additional surplus......................................................................................HB 914 Certain cancellation; notice.............................................................................................HB 1308 Child support; noncompliance; limit issuance of certain licenses................................SB 411 Code of Georgia; interest; extensive revision of provisions........................................HB 1371 Community service boards; county departments of health and family and children services; unemployment compensation, workers' compensation, and liability coverage.........................................................HB 1921 Conversion of mutual insurer to stock insurer; amend provisions ...........................HB 1623 Credit life or credit accident and sickness insurance; regulations..............................HB 754 Disability income insurance; preexisting conditions......................................................SB 490 Domestic stock insurance companies; preferred stock; authorize issuance............................................................................................................SB 694 Driving under the influence; defendant's record; transmit to insurance company.....................................................................................SB 420 Fair access to insurance requirements; termination date..............................................SB 485 Firemen's Pension; definitions; clarify certain tax exemption..................................HB 1776 Georgia Health Insurance Plan; enact...........................................................................HB 1306 Georgia Reform Insurance Plan (GRIP); enact..............................................................SB 226 Health care benefit plans; recommend prescription drug coverage............................HR 711 Health care; Patient Freedom of Choice Act; physician's right to participate.......................................................................................................HB 1769 Health insurance; certain anti-cancer drug therapy; coverage.....................................SB 326 Health insurance; certain joint disorder; prohibit exclusion from coverage; exceptions.............................................................................SB 170 Health insurance; certain secondary conditions; coverage.........................................HB 1027 Health insurance; group plans; dermatologists............................................................HB 1466 Health insurance in child support orders; regulation relative to health coverage, Medicaid, and dependent children............................HB 1515 Health insurance; insurer; subrogation .........................................................................HB 1030 Health insurance; mental disorders; repealers...............................................................HB 761 Health insurance plans; assignment of benefits...........................................................HB 1278 Health insurance; small employer benefit plans; standards......................................HB 1008 Health insurance; subrogation; motor vehicle insurance; rights of reimbursement...........................................................................HB 1509 Homicide by vehicle; insurance benefits; prohibitions...............................................HB 1249 House Study Committee on Private No-Fault Motor Vehicle Insurance; create.............................................................................................................HR 127 House Title Insurance Regulation Study Committee; create....................................HR 1175 Industrial life insurance; maximum face amount of policy........................................HB 1127 Insurers; employment discrimination; prohibit............................................................HB 1530 Insurers; financial, market, and rating examinations by commissioner...................HB 1838
Life insurance; cash value policies; owner's rights......................................................HB 1745
Life insurance; convert group to term..............................................................................SB 573
Life insurance; corporations or trusts; insurable interest in employees......................................................................................................HB 484
Life insurance; premium refunds; time limitation ........................................................HB 864
Life insurance; valuation of reserves; opinion of qualified actuary............................HB 895

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2905

INSURANCE (Continued) Local boards of education; per diem; medical and dental insurance ..........................SB 473 Master and servant; newly hired employees; coverage...............................................HB 2062 Motor vehicle accident claim; two or more carriers; liability......................................HB 471 Motor vehicle accident; exchange of information at scene...........................................SB 574 Motor vehicle and homeowner's policies; nonrenewal prohibitions..........................HB 1689 Motor vehicle insurance; certain coverage; premium reductions..............................HB 1453 Motor vehicle insurance; certain optional coverage......................................................HB 770 Motor vehicle insurance; compensation; loss of use of vehicle..................................HB 1545 Motor vehicle insurance; enforcement services by private entities............................HB 416 Motor vehicle insurance; glass replacement or repair......................................................SB 47 Motor vehicle insurance; personal lines policy; agent's service fee ..........................HB 1163 Motor vehicle insurance; premiums; geographic factor................................................HB 231 Motor vehicle insurance; prohibit surcharge; driver clinic attendance......................HB 823 Motor vehicles; certain violations; proof of financial responsibility............................SB 579 Policies and documents; simplification of form.............................................................HB 900 Premium finance companies; certain disclosure..........................................................HB 1393 Premium taxes; distribution; clarify term ....................................................................HB 1763 Producer controlled property and casualty insurers; regulate business...................HB 1740 Proof of insurance violation; financial responsibility requirement...........................HB 1893 Public school employees; health insurance premiums; monthly installments.......................................................................................................SB 454 Ratefilings.........................................................................................................................HB 1307
Refiling of certain documents; fee; accident and sickness insurance; limited benefit policy................................................................................HB 1488
Reinsurers Guaranty Pool Act; enact..............................................................................HB 658 Small Employer Health Coverage Availability Act; enact.........................................HB 1791 Surplus line brokers.........................................................................................................HB 1309 Taxes on insurers; counties and municipalities;
population determination...............................................................................................SB 564 Taxicabs; self-insurers; mutual insurers; surplus............................................................SB 505 Title insurers; licensing and regulation...........................................................................HB 886 Torts; collateral sources.....................................................................................................HB 752 Torts; collateral sources...................................................................................................HB 1365 Traffic accident reports; submit to Public Safety Department................................HB 1386 Unfair trade practices; availability of policies ...............................................................HB 834 Workers' compensation; amend provisions...................................................................HB 1505 Workers' Compensation Assigned Risk Plan; provisions...........................................HB 1789 Workers' Compensation Board; authority; self-insurance groups.............................HB 2016 Workers' compensation; cancellation procedures..........................................................HB 482 Workers' compensation; certain notification; certified mail........................................HB 436 Workers' compensation; claimant's award; attorney's fees........................................HB 1211 Workers' compensation; falsely obtaining benefits; penalty......................................HB 1212 Workers' compensation; group self-insurance funds; reports ....................................HB 1907 Workers' compensation; group self-insurance funds; security deposits...................HB 1912 Workers' compensation; less than 7 employees; applicability.....................................HB 771 Workers' compensation; medical fees; limitation ........................................................HB 1433 Workers' compensation; rejected policies; rates.............................................................HB 591 Workers' compensation; safety committees; provisions..............................................HB 1158 Workers' compensation; self-insurance funds; gross annual premiums .....................HB 590 Workers' compensation; self-insurance funds; premium taxes....................................HB 734 Workers' compensation; self-insurance funds; similar classification..........................HB 639 Workers' compensation; self-insurer; issuance of
certificate of authority.................................................................................................HB 1472
INTANGIBLE TAX Collection; certain counties.............................................................................................HB 1642 Computer software .............................................................................................................HB 398

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2906

INDEX

INTANGIBLE TAX (Continued) Personal property; change rate.......................................................................................HB 1413 Personal property; confidentiality of digest; exception................................................HB 267 Personal property; repeal................................................................................................HB 1248 Personal property; repeal................................................................................................HB 1891 Real and personal property; sale by nonresidents; withholding tax.........................HB 1480
INTEREST AND USURY Corporations; officers' liability for tax penalty or interest..........................................HB 272 Mortgage escrow accounts; payment of interest..........................................................HB 1976 Residential Security Deed Act; enact...............................................................................SB 105
INTERIOR DESIGNERS Registration certificate; waiver of requirements..........................................................HB 1637
INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL 1414; commend...............................................................................................HR 1226
IRVIN, HONORABLE ROBERT A. Committee assignment.........................................................................................................Page 6 Oath of office........................................................................................................................Page 5
IRVIN, HONORABLE THOMAS T.; commend.......................................................HR 1223
ISAKSON, EDWIN A.; condolences ...............................................................................HR 701

J
JACKSON COUNTY Homestead exemption; certain residents ....................................... ...............................HB 1787 Homestead exemption; certain residents ................................ ......................................HB 1788 Upper Oconee Basin Water Authority; create ..................................... ........................HB 1514
JACKSON, DR. CAROLYN JEAN; commend ..................................................... ......HR 891
JACKSON, DR. PRINCE A., JR.; commend...............................................................HR 992
JACKSON HIGH SCHOOL RED REGIMENT MARCHING BAND; commend .................................................................................HR 1016
JACKSON, LONNIE;commend....................................................................................HR 1055
JAILS Certain inmates; good-time allowances ...................................................................... ......SB 449 Female inmates; adequate supervision.... .......................................................... ............HB 1528 Law enforcement officers; communicable diseases; threat of transmission ............................................................................................. .......HB 162 Place of confinement; convicted felon....................................................... ...... ..............HB 1784 Probationers; certain sentence; confinement..... ............................................................ .HB 452 Secure juvenile detention facility; certain jails............... ................................ .............HB 1373
JAMES E. "BILLY" MCKINNEY BRIDGE Designate..............................................................................................................................HR 925 ........................................................................................................................HR 1093
JAMES TEAGUE MEMORIAL PRAISE CONCERT DAY; recognize ...........HR 1236
JASPER, CITY OF; corporate limits.............................................................................HB 1908
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2907

JASPER COUNTY Board of commissioners; reapportion............................................................................HB 1077 Board of education; districts...........................................................................................HB 1078
JEFF DAVIS COUNTY MIDGET BOYS BASEBALL TEAM Commend...........................................................................................................................HR 1171 Commend...........................................................................................................................HR 1218
JEFFERSON COUNTY Board of commissioners; districts ..................................................................................HB 1802 Board of education; districts...........................................................................................HB 1803 Middle Judicial Circuit; judges; miscellaneous expenses............................................HB 1988
JENKINS COUNTY; convey property...........................................................................HR 823
JENKINS, REVEREND HOYT EDWIN; commend..............................................HR 1120
JERRY D. JACKSON BRIDGE; designate.................................................................HR 824
JESSUP, HONORABLE BEN, DOORKEEPER, AND THE ASSISTANT DOORKEEPERS; commend............................................................HR 1181
JOHN MARSHALL LAW SCHOOL; commend.........................................................SR 210
JOHNNY GRIFFITH DAY IN GEORGIA; proclaim May 9, 1994......................HR 1154
JOHNSON COUNTY; board of education; chairman's compensation....................HB 1692
JOHNSON GRESHAM BRIDGE; designate...............................................................HR 382
JONES, PHIL; commend...................................................................................................HR 893
JONES, RHUBARB; commend......................................................................................HR 1124
JOYNER, BILLY; commend...........................................................................................HR 1119
JUDGES Attorney representing local government; service as part-time judge..........................SB 120 Certain federal lawsuit; urge Governor refrain from settling........................................HR 52 Certain senior judges; per diem......................................................................................HB 1479 Council of Municipal Court Judges; create; county law libraries; collections...............................................................................................HB 1459 Courts; civil contempt arrest orders; Georgia Crime Information Center network.......................................................................................HB 1119 Employees' Retirement; certain judicial secretaries; prior service cost.............................................................................................................HB 729 Firearms; certain possession; exemptions from prohibition.......................................HB 1209 Judges of the Probate Courts Retirement; certain membership...............................HB 1091 Judges of the Probate Courts Retirement; cost-of-living benefit.............................HB 1166 Judges of the Probate Courts Retirement; cost-of-living increase............................HB 1683 Judges of the Probate Courts Retirement; retire at age 55.......................................HB 1090 Juvenile courts; associate judges; qualifications..........................................................HB 1327 Juveniles; certain offenses; release from custody ...........................................................SB 535 Nonpartisan election; provide .........................................................................................HB 136 Pardon or parole; sentencing judge accept or reject - CA.........................................HR 1009 Pilot program courts; nonuniform jurisdiction; selection of judges - CA.................................................................................................HR 712 Probate courts; certain counties; eligibility..................................................................HB 1754 Senior judges; repeal prohibition against holding public office or practicing law......................................................................................HB 147 Senior judges; repeal prohibition against practicing law or holding public office..................................................................................................HB 148 Superior court judges; compensation.............................................................................HB 1395

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JUDGES (Continued) Superior Court Judges Retirement; cost of living increase........................................HB 1586 Superior Court Judges Retirement; postretirement benefits; retirement age...............................................................................................................HB 1019 Superior Court Judges Retirement; prior service credit.................................................HB 51 Superior Court Judges Retirement; spousal benefits....................................................HB 501 Superior Court Judges Retirement; spousal benefits.....................................................SB 253 Superior courts; nonpartisan elections; plurality; ballots...........................................HB 1026 Superior courts; selection of bailiffs; provisions............................................................HB 507 Supreme Court Justices and Appeals Court Judges; compensation.........................HB 1398 Trial Judges and Solicitors Retirement; magistrate judges; membership...................................................................................................................HB 1141 Trial Judges and Solicitors Retirement; recorder's Court of Chatham County...........................................................................................HB 1774 Trial Judges and Solicitors Retirement; spousal benefits; contributions..................................................................................................................HB 1020
JUDGMENTS Dispossessory proceedings; writ of possession................................................................HB 337 Judgment liens; property possessed by purchaser for 4 years.......................................HB 72
JUDICIAL CIRCUITS Alcovy; add judge..............................................................................................................HB 1749 Atlanta; add judge..............................................................................................................HB 809 Atlanta; district attorney's office; compensation...........................................................HB 279 Augusta; add judge .............................................................................................................HB 957 Bad check diversion program; Attorney General establish........................................HB 1148 Cherokee; judges and district attorney; supplement...................................................HB 1974 Child abuse protocol; adoption by judicial circuit committee......................................SB 492 Clayton; court reporters; compensation........................................................................HB 1996 Clayton; district attorney; supplement..........................................................................HB 2000 Clayton; judges; supplement ...........................................................................................HB 1994 Cobb; add judge ....................................................................................................................HB 42 Cobb; investigators and assistant district attorneys; compensation.........................HB 1862 Conasauga; add judge.........................................................................................................HB 461 Conasauga; add judge.......................................................................................................HB 1496 Conasauga; add judge..........................................................................................................SB 261 Conasauga; add judge..........................................................................................................SB 544 Cordele; judges; salary supplement................................................................................HB 1915 Coweta; add judge.............................................................................................................HB 1059 Decatur County and Mitchell County Superior Courts; change terms....................HB 1311 Family Court of the Cobb Judicial Circuit; create......................................................HB 1500 Middle; judges; miscellaneous expenses ........................................................................HB 1988 Northern; add judge ...........................................................................................................HB 881 Ogeechee; add judge...........................................................................................................HB 581 Senior court reporter; create office ..................................................................................HB 656 South Georgia; add judge ..................................................................................................HB 620 Stone Mountain; add judge................................................................................................SB 232 Superior court administrators; compensation ................................................................HB 628 Western; add judge.............................................................................................................HB 655
JURIES Civil actions; dollar amount..............................................................................................HB 200 Civil actions; dollar amount.................................................................................................SB 62 Commissioners and clerk; compensation.........................................................................HB 446 Grand juries; amend provisions; special judge of the magistrate court; certain property sales.........................................................................SB 31 Grand juries; duties and powers; amend provisions....................................................HB 1190

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2909

JURIES (Continued) Grand juries; oath; gender changes and grammatical revisions ..................................HB 820 Jurors; allowance statements; work excuse; compensation ........................................HB 1595 Jury lists; composition; amend provisions .......................................................................SB 193 Peremptory challenges; equal number ..........................................................................HB 1347 Qualifications........................................................................................................................SB 438 Trial jury; judge of law and fact; mistrial or reversal.................................................HB 1643
JURISDICTION AND VENUE Civil practice; change of venue .......................................................................................HB 1299 Georgia Agricultural Exposition Authority; venue for actions; Houston County.......................................................................................HB 1191
JUVENILE PROCEEDINGS Alternative Schools and Reeducation Act; enact.........................................................HB 1837 Amend provisions...............................................................................................................HB 531 Anti-motor Vehicle Hijacking Act of 1994; enact........................................................HB 1080 Anti-motor Vehicle Hijacking Act of 1994; enact...........................................................SB 288 Associate judges; qualifications......................................................................................HB 1327 Certain possession of firearm; misdemeanor ................................................................HB 1599 Certain unruly child...........................................................................................................HB 141 Child abuse evidence; report to district attorney ..........................................................HB 530 Child abuse registry; hearing before accused's name is added..................................HB 1351 Child Advocacy Act; enact ................................................................................................HB 529 Commission of certain crimes by persons 13 to 17 years old; superior court jurisdiction ...........................................................................................HB 1236 Commission of certain crimes by persons 13 to 17 years old; superior court jurisdiction...........................................................................................HB 1238 Commission to Study Family Courts; create..................................................................HR 848 Community based risk reduction programs ....................................................................SB 560 Convicted felon; juvenile court records; superior court access before sentencing.................................................................................................SB 559 Crime victim compensation; maximum award; direct service providers....................HB 690 Deprived child; legal custody ..........................................................................................HB 1087 Direct appeal by state; certain delinquency cases; frivolous actions; attorney's fees.................................................................................................HB 1687 Employees' Retirement; certain prior county service; credit.....................................HB 1104 Hearings and records; amend provisions .........................................................................SB 461 Indigent defense; all actions and proceedings..............................................................HB 1254 Juvenile delinquents; special alternative incarceration-- probation boot camps; provisions .................................................................................SB 150 Juvenile law enforcement records; inspection by school officials ................................SB 122 Juveniles; certain offenses; release from custody ...........................................................SB 535 Juveniles in custody; time for hearing; maximum incarceration ..............................HB 1066 Redefine unruly child .........................................................................................................SB 558 School Safety and Juvenile Justice Reform Act; enact.................................................SB 440 Secure juvenile detention facility; certain jails ............................................................HB 1373

K

KAUFMANN, DR. JAMES A.; commend..................................................................HR 1143 KEEP MACON-BIBB BEAUTIFUL COMMISSION, CITY
AND COUNTY OFFICERS, AND CHERRY BLOSSOM FESTIVAL BOARD; invite to House .........................................................................HR 752
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KELLEY, WILLIAM JEFFREY AND ROSA LEE, AND BOY SCOUT TROOP 500; commend ..................................................................................HR 959
KENDRICK, ALENE STRICKLAND CLANTON; commend............................HR 1217 KENDRICK, REV. JAMES C., SR.; commend.........................................................HR 1006 KENNESAW, CITY OF; corporate limits....................................................................HB 1833 KIDD, MILTON L.; commend.........................................................................................HR 756 KIDD, MR. AND MRS. WILLIAM LAYTON; commend....................................HR 1270 KING, MARTIN LUTHER, JR., DAY AT NEW HOPE
A.M.E. CHURCH; commend..........................................................................................HR 737 KING, WALTER; commend............................................................................................HR 1165 KINSER, HEIDI;commend..............................................................................................HR 698 KITTLES, GENE; commend.............................................................................................HR 948 KOREAN WAR VETERANS ASSOCIATION, INC.; support...........................HR 1053

LABOR AND INDUSTRIAL RELATIONS Business Expansion Support Act of 1994; enact; job tax credit...............................HB 1527 Civil liability immunity from disclosure of former employee job performance..............................................................................................................HB 210 Community service boards; county departments of health and family and children services; unemployment compensation, workers' compensation, and liability coverage.........................................................HB 1921 Employers; include term "multiracial" on forms requesting racial identification..........................................................................................................SB 149 Employment security; definitions; state-wide Reserve Ratio; unemployment benefits................................................................................................HB 1194 Employment; termination contrary to public policy; prohibit....................................HB 665 Georgia Equal Employment Opportunity Act; enact......................................................HB 97 Health insurance; small employer benefit plans; standards......................................HB 1008 High-voltage Safety Act; certain enforcement provisions; repeal.............................HB 1728 Income tax withholding; employer's liability.................................................................HB 312 Insurers; employment discrimination; prohibit............................................................HB 1530 Joint development authorities; job tax credits ............................................................HB 1764 Jurors; allowance statements; work excuse; compensation........................................HB 1595 Labor pools and work-site employers; amend regulations...........................................HB 389 Labor unions; nonmembers; representation charge.......................................................HB 703 Life insurance; corporations or trusts; insurable interest in employees....................................................................................................................HB 484 Master and servant; newly hired employees; insurance .............................................HB 2062 Minors; working hours; prohibitions..............................................................................HB 1526 Public Employees Labor Relations Act; enact.................................................................HB 99 Small Employer Health Coverage Availability Act; enact.........................................HB 1791 Study Committee on Employee Training in the Construction Industry; create.......................................................................................HR 987 Unemployment benefits; certain temporary employment; eligibility.......................HB 1282 Unemployment benefits; contributions; succeeding employers.................................HB 1401
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2911

LABOR AND INDUSTRIAL RELATIONS (Continued) Unemployment benefits; recovery of overpayments .....................................................HB 527 Unemployment benefits; recovery of overpayments ...................................................HB 1402 Unemployment compensation; early retirement incentives.......................................HB 1686 Unemployment Tax Amnesty Program; provisions.....................................................HB 1388 Workers' compensation; amend provisions...................................................................HB 1505 Workers' Compensation Assigned Risk Plan; provisions...........................................HB 1789 Workers' Compensation Board; authority; self-insurance groups.............................HB 2016 Workers' compensation; cancellation procedures..........................................................HB 482 Workers' compensation; certain notification; certified mail........................................HB 436 Workers' compensation; claimant's award; attorney's fees........................................HB 1211 Workers' compensation; falsely obtaining benefits; penalty......................................HB 1212 Workers' compensation; group self-insurance funds; reports....................................HB 1907 Workers' compensation; group self-insurance funds; security deposits...................HB 1912 Workers' compensation; less than 7 employees; applicability.....................................HB 771 Workers' compensation; medical fees; limitation ........................................................HB 1433 Workers' compensation; rejected policies; rates.............................................................HB 591 Workers' compensation; safety committees; provisions..............................................HB 1158 Workers' compensation; self-insurance funds; gross annual premiums .....................HB 590 Workers' compensation; self-insurance funds; premium taxes....................................HB 734 Workers' compensation; self-insurance funds; similar classification..........................HB 639 Workers' compensation; self-insurer; issuance of certificate of authority.................................................................................................HB 1472
LAGRANGE, CITY OF Council districts................................................................................................................HB 1987 Franchises; amend provisions.........................................................................................HB 1834 Mayor and council; powers................................................................................................HB 424
LAKESIDE HIGH SCHOOL BAND; commend......................................................HR 1159
LAKEVIEW-FORT OGLETHORPE HIGH SCHOOL BASKETBALL TEAM; commend ............................................................................HR 1247
LAMAR COUNTY Board of education; nonpartisan elections....................................................................HB 1320 Sheriff; vacancies..............................................................................................................HB 2018
LAND (See Property)
LANDLORD AND TENANT Counties and municipalities; water, gas, sewerage service, or electricity; prior occupant's unpaid charges; limited liens.......................................HB 862 Counties or municipalities; fair rent commission; create...............................................HB 98 Dispossessory proceedings; property storage..................................................................HB 375 Dispossessory proceedings; reports to Department of Family and Children Services.......................................................................................HB 723 Dispossessory proceedings; tenant at sufferance.........................................................HB 1394 Dispossessory proceedings; time periods.........................................................................HB 407 Dispossessory proceedings; writ of possession................................................................HB 337 Handicapped persons; private residence accessibility...................................................HB 812 Handicapped persons; private residence accessibility.................................................HB 1154 Handicapped persons; public facilities; accessibility.....................................................HB 865 Housing authorities; tenant management organizations; contract...............................SB 299 Security deposits; interest...............................................................................................HB 2059 Tenant organizations........................................................................................................HB 1537
LANDRESS, WILLIAM C.; commend..........................................................................HR 892
LANE, HONORABLE BOB; committee chairman; appointment.............................Page 40

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LANE, HONORABLE DICK; commend.....................................................................HR 1274
LANGLEY, DAX Commend.............................................................................................................................HR 951 Invite to House ...................................................................................................................HR 858
LAW ENFORCEMENT OFFICERS AND AGENCIES Bias Crimes Information and Documentation Act; enact..........................................HB 2060 Bonds and recognizances; sureties; amend provisions...................................................SB 630 Charitable solicitations; law enforcement related organizations..................................SB 611 Communicable diseases; threat of transmission ............................................................HB 162 Courts; civil contempt arrest orders; Georgia Crime Information Center network .......................................................................................HB 1119 Crime Victim's Rights Act; enact...................................................................................HB 1359 Criminal Justice Coordinating Council; add member...................................................HB 555 Criminal Justice Coordinating Council; membership ...................................................HB 882 Criminal procedure; discovery and inspection; disclosure; depositions; criminal history records...........................................................................HB 828 Criminal procedure; suppression of evidence; warrant unsupported by probable cause.....................................................................................SB 113 Driving under the influence; chemical test; information required from arresting officer...................................................................................HB 1073 Driving under the influence; chemical test; information required from arresting officer......................................................................................SB 163 Emergency wreckers; provisions.......................................................................................HB 711 Employees' Retirement; certain troopers; 25 years service..........................................HB 662 Evidence; certain videotapes; admissibility..................................................................HB 1228 Family violence; arrest of perpetrator; victim's wishes................................................HB 534 Firearms; possession; reserve police officers.................................................................HB 1242 Firearms sales; records checks.............................................................................................SB 12 Fleeing, eluding, or impersonating law enforcement officer; penalty.........................HB 198 Fleeing or attempting to elude police officer; audible and visual signal .............................................................................................HB 1381 Fleeing or eluding peace officer; penalty..........................................................................HB 31 General Assembly; compensation and allowances; certain judges, boards, and commissions; per diem..............................................................HB 1478 Genetic testing; prohibit disclosure; exceptions..............................................................SB 704 Georgia Bureau of Investigation labs; controlled substances or dangerous drugs; testing...........................................................................................HB 838 Georgia Bureau of Investigation; subpoenas; documentary evidence.......................HB 1339 Georgia Crime Information Center; centralized records; public access....................HB 1708 Georgia Ports Authority; police powers........................................................................HB 1136 Georgia Ports Authority; traffic jurisdiction; certified peace officers.................................................................................................HB 1729 Georgia State Indemnification Commission; composition..........................................HB 1617 Housing and finance; certain high crime areas............................................................HB 1575 Human body parts; removal from scene of death; exception to prohibition ................................................................................................HB 686 Indemnification; line of duty............................................................................................HB 250 Law enforcement agencies and fire departments; powers and duties ......................HB 1570 Law Enforcement Integrity Act of 1994; enact............................................................HB 1886 Mental health; clinical records; disclosure....................................................................HB 1405 Motor vehicle accident; exchange of information at scene; police signal to stop; visual or audible .............................................................SB 574 Motor vehicle accident; timely notice for action by Department of Public Safety................................................................................HB 1653 Motor vehicle registration; nonresident and visiting drivers; violation .......................HB 55 Motor vehicles; fleeing or eluding peace officer; signal..............................................HB 1255

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2913

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) Municipal law enforcement officers; transporting prisoners; provisions....................HB 150 Olympics; law enforcement and security; commissioner of public safety................HB 1295 Peace Officer and Prosecutor Training Fund; certain annual disbursements........................................................................................................SB 65 Peace officers and communications officers; training and certification............................................................................................................HB 1389 Peace Officers' Annuity and Benefit; age requirements...............................................HB 495 Peace Officers' Annuity and Benefit; certain creditable service.................................HB 498 Peace officers; include certain county probation employees ........................................SB 409 Peace officers; training; include crimes against children ..............................................SB 494 Procedure for processing complaints...............................................................................HB 397 Public Safety Department and State Patrol; certain employees; involuntary separation benefits................................................................HB 106 Public Safety Department; career concerns of certain personnel; urge Board review........................................................................................HR 563 Public Safety Department; employee participation in political campaigns; repeal prohibition.....................................................................HB 1333 Public Safety Integrity Act; enact.................................................................................HB 1610 Revenue Department; retain weapon or badge on retirement....................................HB 311 Right-of-way; law enforcement vehicle in traffic stop..................................................HB 287 Serious traffic offenses; signal to stop vehicle; driving under the influence risk program.................................................................HB 1916 Sheriffs and deputies; bonds conditioned on faithful accounting.............................HB 1667 Sheriffs; deposits in interest-bearing accounts............................................................HB 1499 Sheriffs; legal defense; provisions.....................................................................................HB 343 Sheriffs; qualifications; amend provisions .......................................................................SB 551 Solid color motor vehicles; state patrol use....................................................................HB 111 Speed detection device; restrictions; exemption; certain counties..............................HB 199 Traffic accident reports; increase property damage amount.....................................HB 1387 Traffic accident reports; submit to Public Safety Department................................HB 1386 Voter registration; driver's license examiners................................................................HB 187 Voter registration; driver's license examiners................................................................HB 611 Witness fees; arson enforcement; responsibility of Georgia Bureau of Investigation................................................................................HB 40
LAW, GENEVA WALLACE; condolences.....................................................................HR 990
LAWRENCE, HONORABLE THOMAS E.; communication ................................Page 220
LAWRENCEVILLE, CITY OF Corporate limits..................................................................................................................HB 922 Homestead exemption; increase.....................................................................................HB 1427
LAWSON, HONORABLE ROBERT WILLIAM "BOBBY"; commend...........HR 1271
LAY, CHARLTON ETRICK JOSH; commend........................................................HR 1099
LEAVELL, CHARLES "CHUCK"; invite to House...................................................HR 884
LEGISLATIVE COUNSEL Commend editorial staff..................................................................................................HR 1132 Communications.........................................................................................Pages 43, 44, 219, 221
LEMON, J. W.; commend.................................................................................................HR 1048
LEWIS, WALTER; compensate........................................................................................HR 124
LIABILITY AND LIABILITY INSURANCE Beauty pageants; amend provisions.................................................................................HB 965 Bovine professionals; immunity from liability.............................................................HB 1744

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LIABILITY AND LIABILITY INSURANCE (Continued) Chiropractors; scope of practice.......................................................................................HB 196 Civil liability immunity from disclosure of former employee job performance..............................................................................................................HB 210 Community service boards; county departments of health and family and children services; unemployment compensation, workers' compensation, and liability coverage .........................................................HB 1921 Competitive Practices Act of 1993; enact.......................................................................HB 795 Day care; employee records check; alleged child abuser...............................................SB 468 Evidence; pharmacists; privileged medical information...............................................HB 510 Expert witnesses; qualification provisions; malpractice action .................................HB 1025 Fire Department Reimbursement Act; enact..................................................................SB 671 Firearms sales; dealer provisions; records checks..........................................................HB 732 Foreign limited liability partnership; provisions.........................................................HB 1813 Guardians of minors; appointment by probate court judge .........................................SB 538 Health insurance; insurer; subrogation .........................................................................HB 1030 Health Planning Review Board; amend provisions........................................................SB 627 Home inspectors; definition; provisions...........................................................................SB 143 Hospital authorities; sovereign immunity.....................................................................HB 1525 Hotels and motels; room rates during Olympics; prohibitions..................................HB 1357 Innkeepers; assigned rooms; provisions............................................................................SB 536 Law Enforcement Integrity Act of 1994; enact............................................................HB 1886 Limited liability companies and limited partnerships; amend provisions..........................................................................................................HB 1502 Limousine carriers; Public Service Commission regulate..............................................SB 317 Llama activities; limitation on civil liability...................................................................SB 571 MARTA; board of directors; amend provisions...........................................................HB 1452 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Motor vehicle accident claim; two or more carriers......................................................HB 471 Nonprofit agencies; contracts with Children and Youth Department .....................HB 1627 Podiatry Practice Act; substantial revision of provisions ............................................HB 408 Podiatry Practice Act; substantial revision of provisions ..........................................HB 1781 Psychologists; licensing; amend provisions......................................................................SB 512 Public Safety Integrity Act; enact.................................................................................HB 1610 Regional and community service boards; amend provisions.........................................SB 511 Rural Health Network Act; enact..................................................................................HB 1628 Sexual Offender Registration Act; enact.......................................................................HB 1934 Sovereign immunity; limited waivers; liability.............................................................HB 2061 State employees; mass transit employee benefit; provisions .......................................HB 667 Structural pest control; licensing; liability insurance requirement...........................HB 1341 Taxicabs; self-insurers; mutual insurers; surplus............................................................SB 505 Torts; certain resident physicians; immunity...............................................................HB 1892 Torts; certain voluntary services for public or private schools......................................SB 41 Torts; collateral sources.....................................................................................................HB 752 Torts; collateral sources...................................................................................................HB 1365 Torts; sexual harassment; right of action; limitation....................................................HB 994 Torts; volunteer architects and engineers; immunity.................................................HB 1310 Torts; volunteer physicians; team physicals.................................................................HB 1200 Traffic accident reports; increase property damage amount.....................................HB 1387 Underground storage tanks; amend provisions............................................................HB 1619 Unemployment benefit contributions; succeeding employers....................................HB 1401 Workers' compensation; amend provisions...................................................................HB 1505
LIBERTY COUNTY Board of education...........................................................................................................HB 1678 Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; create.............................................................HB 1894

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2915

LIBERTY COUNTY (Continued) Motor vehicles; designated registration.........................................................................HB 1679 State court judge and solicitor; compensation.............................................................HB 1895 Tax commissioner; compensation.....................................................................................HB 473
LIBRARIES Georgia State Museum and State Library Study Commission; create ......................HR 962 Law libraries of counties; collections.............................................................................HB 1459
LICENSE PLATES AND REGISTRATION Antique motor vehicles; display license plate of year of manufacture.....................HB 1885 Carroll County; motor vehicle registration ...................................................................HB 1592 Disabled veterans; amend provisions................................................................................SB 242 Driving under the influence conviction; red colored license plate............................HB 1498 Georgia Wildflower Project Fund; create - CA..............................................................HR 713 Handicapped identification card; proof of disability for special license plate................................................................................................HB 1550 Handicapped parking; Purple Heart veterans with special plate................................SB 401 Liberty County; motor vehicle registration..................................................................HB 1679 Motor vehicle license fees; decrease...............................................................................HB 1171 Motor vehicle registration; nonresident and visiting drivers; violation .......................HB 55 Motor vehicle registration; out-of-state certificate of title ..........................................HB 880 Motor vehicle registration; proof required; surrender of driver's license upon reissuance.................................................................................HB 25 Motor vehicles; certain trailers; permanent plates......................................................HB 1342 Motor vehicles; revalidation decals................................................................................HB 1639 Motor vehicles; registration and title applications; security interest.............................................................................................................HB 1235 Motor vehicles; replacement plate or title; fees...........................................................HB 1223 Motor vehicles; staggered registration; amend provisions............................................HB 514 Motor vehicles; state-wide staggered registration........................................................HB 1558 Motor vehicles; state-wide staggered registration........................................................HB 1914 Nonissuance; unpaid parking fines..................................................................................HB 185 Paulding County; motor vehicles; designated registration periods...........................HB 1348 Purchase by mail; additional fees..................................................................................HB 1716 Purple Heart veterans; annual fee exemption .................................................................HB 78 Revocation............................................................................................................................HB 564 Special plates; additional fees; delete requirement.......................................................HB 618 Special plates; additional fees; delete requirement.......................................................HB 698 Special plates; additional fees; delete requirement.......................................................HB 748 Special plates; annual fees; amend ..................................................................................HB 980 Special plates; certain state commanders; handicapped identification card; repeal certain minimum number requirement.........................SB 547 Special plates; commemorate Buckhead.......................................................................HB 1518 Special plates; firefighters; delete fee..............................................................................HB 291 Special plates; firefighters; no additional fee...............................................................HB 1266 Special plates; National Guard and reservists; retirement...........................................SB 528 Special plates; Pearl Harbor survivors; minimum number ........................................HB 1265 Special plates; Purple Heart veterans; surviving spouse............................................HB 1340 Special plates; registration fees; amend provisions.......................................................HB 824 Special plates; retired members of armed forces............................................................SB 367 Special plates; retired National Guard members; amateur radio operators...............................................................................................HB 1221 Special plates; retired reservists.....................................................................................HB 1065 Special plates; state commanders; national veterans' organizations.........................HB 1601 Special plates; veterans; minimum number..................................................................HB 1534 Tag agents; certain additional compensation; fee deduction.......................................HB 981 Time period for issuance; transfers; decals ....................................................................HB 479

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LICENSES (Also, see Named License) Addiction counselors; scope of practice; exemption....................................................HB 1330 Agriculture; commercial feed program; fees...................................................................HB 721 Alcoholic beverages; package size definitions; hotel in-room service; minimum container..........................................................................................HB 912 Alcoholic beverages; prohibit certain conduct on premises where sold ...................HB 1775 Alcoholic beverages; prohibit sexually explicit conduct on premises where sold................................................................................................HB 1778 Asbestos Licensing Board; training requirement; certification ....................................SB 135 Bait shrimping; amend provisions..................................................................................HB 1512 Barbershops; provisions; apprentices.............................................................................HB 1114 Blasters; provisions.............................................................................................................HB 866 Business licenses; exempt certain Olympic and Paralympic persons..........................SB 414 Certain professional solicitation; prohibit.....................................................................HB 1305 Child support; noncompliance; limit driver's license issuance..................................HB 1925 Child support; noncompliance; limit issuance of certain licenses.............................HB 1515 Child support; noncompliance; limit issuance of certain licenses................................SB 411 Coin operated amusement machines; exemption...........................................................HB 263 Coin operated amusement machines; fee........................................................................HB 788 Coin operated amusement machines; fees; repeal certain repealer............................HB 800 Coin operated amusement machines; master license fees..........................................HB 1630 Commerce and trade; Truth in Polling Act; enact........................................................HB 934 Commercial driver's license; operating vehicle without; penalties.................................SB 52 Commercial driver's license; serious traffic violation; change definition.........................................................................................HB 1376 Construction contractors; compliance bonds...................................................................SB 499 Construction Industry Licensing Board; amend provisions.......................................HB 1468 Construction Industry Licensing Board; membership; utility contractors; amend provisions....................................................................................HB 1596 Cosmetologists; continuing education; certification ......................................................HB 506 Cosmetology; natural hair care specialists; regulate......................................................HB 801 Dating Service Act; enact................................................................................................HB 1832 Day-care centers; rule violations; release findings.......................................................HB 1552 Day-care facilities; prohibit smoking................................................................................SB 471 Denturitry; regulate practice...........................................................................................HB 1150 Dietitians Licensing Law; provisions..................................................................................SB 20 Domestic fish; prohibit liberation without permit; game fish; amend provisions.......................................................................................HB 1382 Driver's license; administrative suspension for driving under the influence; first offense....................................................................................SB 27 Driver's license; Classes C and M; reduce fees............................................................HB 1175 Driver's License Contribution for Anatomical Gifts Fund; establish.......................HB 1549 Driver's license; definition of resident...........................................................................HB 1568 Driver's license exams; users of bioptic lenses.............................................................HB 1840 Driver's license; exempt certain persons from requirements.......................................HB 290 Driver's license exemption; persons age 21 or over being trained by licensed driving instructor..........................................................................SB 245 Driver's license; false application or improper use; penalty..........................................HB 32 Driver's license; free replacement; address or name change.........................................SB 416 Driver's license; highlighted birthdate; renewal by mail..............................................HB 580 Driver's license; insurance provisions; amend.................................................................SB 613 Driver's license issuance; driver sign certain pledge......................................................SB 402
Driver's license; learner's permit; amend provisions......................................................SB 518
Driver's license; minors; valid to age 21...........................................................................SB 507
Driver's license; notice of revocation; time limit to request hearing............................HB 22
Driver's license; persons under age 18; school requirement.........................................HB 645
Driver's license; persons under age 18; school requirement.......................................HB 1367

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2917

LICENSES (Also, see Named License) (Continued) Driver's license; persons under age 18; school requirement; hardship exemptions.......................................................................................................SB 168 Driver's license; Public Safety Department records; compilation of lists...........................................................................................................HB 23 Driver's license; reduced fees; anatomical gifts............................................................HB 1547 Driver's license; reinstatement fees....................................................................................HB 28 Driver's license replacement; name or address change; time period........................HB 1283 Driver's license; surrender upon reissuance; motor vehicle registration; proof required................................................................................HB 25 Driver's license suspension; driving under the influence; limited driving permit................................................................................HB 1699 Driver's license suspension; drug-related offenses.......................................................HB 1000 Driver's license suspension; minors; driving under the influence.............................HB 1374 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program........................HB 480 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program ........................SB 307 Driving under the influence; driver's license suspension; amend provisions.............................................................................................................SB 418 Driving under the influence; habitual violator; probationary driver's license.......................................................................................HB 1471 Driving under the influence; nolo contendere plea; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program.........................................................................SB 574 Driving under the influence; person under age 21; driver's license suspension.............................................................................................HB 647 Driving under the influence; third conviction; coding on license .............................HB 1329 DUI alcohol and drug use risk reduction programs; requirements for operation..........................................................................................HB 1399 Electrical, plumbing, or conditioned air contracting; grandfathering ........................HB 952 Farmers' markets; provisions ..........................................................................................HB 1611 Financial institutions; amend provisions......................................................................HB 1676 Fire protection sprinkler contractors.............................................................................HB 2057 Firearms at school functions; penalties; forfeitures .......................................................SB 510 Funeral directors and embalmers; continuing education...........................................HB 1918 Fur-bearing animals; prohibit sale of any part; exception.........................................HB 1985 General contractors..........................................................................................................HB 1224 General contractors ..........................................................................................................HB 1239 Handicapped identification card; proof of disability for special license plate................................................................................................HB 1550 Home care providers........................................................................................................HB 1332 Human Resources Board; membership; practice of medicine .....................................HB 166 Hunting without landowner's permission; increase penalties....................................HB 1624 Insurance agent; certain private contractors................................................................HB 1824 Irrigation contractors.........................................................................................................HB 516 Law Enforcement Integrity Act of 1994; enact............................................................HB 1886 Lead Poisoning Prevention Act of 1994; enact............................................................HB 1270 License plates; revocation..................................................................................................HB 564 Lifetime honorary hunting and fishing license; disabled persons................................SB 592 Marriage licenses; additional fee; family violence centers..........................................HB 1680
Marriage licenses; blood tests; exception on religious grounds.................................HB 1819
Marriage licenses; HIV testing.........................................................................................HB 179
Marriage licenses; HIV testing; confidentiality..............................................................HB 445
Master plumbers and journeyman plumbers; renewal; continuing education ....................................................................................................HB 1690
Mobile barbershops; regulate............................................................................................HB 354

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2918

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LICENSES (Also, see Named License) (Continued) Mortgage lenders and mortgage brokers; amend provisions......................................HB 1636 Mortgage lenders and mortgage brokers; amend provisions.........................................SB 106 Motor vehicle insurance; enforcement services by private entities............................HB 416 Motor Vehicles Board, Department, and commissioner; create................................HB 1151 Motor vehicles; fees; decrease.........................................................................................HB 1171 Motor vehicles; plates; revalidation decals...................................................................HB 1639 Motor vehicles; state-wide staggered registration........................................................HB 1914 Nude and seminude dancing; local governments regulate.........................................HB 1635 Open records; certain administrative proceedings; approval.......................................HB 822 Pawnbrokers; motor vehicle sales at auction.................................................................HB 943 Personal care home; employee records checks; definition of crime............................HB 650 Personal care home; long-term care ombudsman..........................................................HB 649 Personal care home; rename adult residential care home............................................HB 848 Physicians; revise provisions...........................................................................................HB 2058 Pistol or revolver; license to carry; prohibit issuance to felon..................................HB 1201 Podiatry Practice Act; substantial revision of provisions ............................................HB 408 Podiatry Practice Act; substantial revision of provisions ..........................................HB 1781 Private detective or private security business; requirements....................................HB 1493 Professional counselors; amend provisions......................................................................SB 642 Professions and businesses; applicants; certain preference........................................HB 1442 Psychologists; amend provisions .......................................................................................SB 512 Real estate appraisers; temporary permits; penalties.................................................HB 1226 Real estate brokers and salespersons; amend provisions...........................................HB 1227 Remedies for Residents of Personal Care Homes Act; enact.......................................SB 651 Saltwater recreational fishing...........................................................................................HB 594 Smoking in child care facilities; prohibit......................................................................HB 1358 Speech-language pathologists and audiologists; exemption.........................................HB 381 Storage of fireworks; regulation........................................................................................HB 286 Structural pest control; liability insurance requirement............................................HB 1341 Taxation; contesting proposed assessment or fee..........................................................HB 268 Title insurers; licensing and regulation...........................................................................HB 886 Utility contractors; amend provisions ...........................................................................HB 1193 Utility contractors; amend provisions..............................................................................SB 425 Veterans' licenses; certain spouses; license plates; certain disabled veterans.............................................................................................................SB 242 Water well contractors; previous licensee; new license.................................................HB 915 Watercraft; operation without driver's or learner's license; prohibit.......................HB 1184 Wild animals; amend provisions; expand list...............................................................HB 1541
LIENS AND MORTGAGES Abandoned motor vehicles; lien foreclosure affidavit; filing fee .................................HB 321 Child support; noncompliance; limit issuance of certain licenses................................SB 411 Condominiums; amend provisions....................................................................................HB 572 Condominiums; amend provisions; editorial correction..............................................HB 1981 Counties and municipalities; water, gas, sewerage service, or electricity; prior occupant's unpaid charges; limited liens.......................................HB 862 Eminent domain; condemnation award; set off by tax liens.......................................HB 989 Health insurance; insurer; subrogation .........................................................................HB 1030 Innkeepers; define guest; amend provisions.................................................................HB 1097 Judgment liens; property possessed by purchaser for 4 years.......................................HB 72 Liens on aircraft; labor, materials, contracts of indemnity........................................HB 1400 Lottery; lien against winnings by state agencies ...........................................................HB 724 Materialmen's liens; notice of commencement...............................................................SB 546 Mortgage escrow accounts; payment of interest..........................................................HB 1976 Mortgage lenders and mortgage brokers; licensing provisions..................................HB 1636 Mortgage lenders and mortgage brokers; licensing provisions.....................................SB 106 Physicians; liens; manner of perfecting.........................................................................HB 1828

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2919

LIENS AND MORTGAGES (Continued) Property Owners' Association Act; enact........................................................................HB 574 Recordation; condominiums; amend provisions...........................................................HB 1567 Residential Security Deed Act; enact...............................................................................SB 105 Serious traffic offenses; forfeiture of property.............................................................HB 1942 Title insurers; licensing and regulation...........................................................................HB 886
LIEUTENANT GOVERNOR; communications...............................................Pages 219, 221
LIFE INSURANCE Cash value policies; owner's rights.................................................................................HB 1745 Convert group to term ........................................................................................................SB 573 Corporations or trusts; insurable interest in employees...............................................HB 484 Homicide by vehicle; insurance benefits; prohibitions...............................................HB 1249 Industrial life insurance; maximum face amount of policy........................................HB 1127 Policies and documents; simplification of form.............................................................HB 900 Premium refunds; time limitation ...................................................................................HB 864 Taxes on insurers; counties and municipalities; population determination...............................................................................................SB 564 Valuation of reserves; opinion of qualified actuary.......................................................HB 895
LILBURN WOMAN'S CLUB AND FAMILY VIOLENCE ASSISTANCE AGENCIES; commend......................................................................HR 950
LINCOLNTON, CITY OF; mayor and council; terms...............................................HB 1800
LITHIA SPRINGS HIGH SCHOOL WOMEN'S SOFTBALL TEAM; invite to House ....................................................................................................HR 676
LITHIA SPRINGS, TOWN OF; new charter.............................................................HB 1053
LITTER Education; urge local boards adopt anti-litter pledge................................................HR 1036 Junkyards; regulation and control...................................................................................HB 180 Littering; penalty; mandatory community service.......................................................HB 1621 Public trash or garbage containers; prohibitions.............................................................HB 95
LIVELY, RALPH AFORD; commend.........................................................................HR 1033
LIVESTOCK; bovine professionals; immunity from liability.....................................HB 1744
LOANS Home improvement; security instrument; provisions...................................................HB 694 Income tax deduction; interest on certain motor vehicle loans..................................HB 901 Mortgage escrow accounts; payment of interest..........................................................HB 1976 Mortgage lenders and mortgage brokers; licensing; amend provisions....................HB 1636 Mortgage lenders and mortgage brokers; licensing; amend provisions.......................SB 106 Residential Security Deed Act; enact...............................................................................SB 105
LOBBYING Disclosure; applicability to local officers and employees...........................................HB 1298 Disclosure; certain public officers; change definition....................................................HB 773 Disclosure; definitions........................................................................................................HB 760 Disclosure reports; requirement.......................................................................................HB 432 Ethics training courses.......................................................................................................HB 392 Human Resources Board; membership; prohibit certain lobbyists ..........................HB 1481 Reporting; substantial revision of provisions..................................................................SB 657
LOCAL GOVERNMENT (Also, see Counties or Municipalities) Ad valorem tax; certain reports; amend provisions.......................................................HB 221 Bills or resolutions requiring expenditure of funds; fiscal note - CA ..........................HR 58

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2920

INDEX

LOCAL GOVERNMENT (Also, see Counties or Municipalities) (Continued) Cable television; multiple receivers; provisions............................................................HB 1579 Certain property in adjoining county; prohibit purchase.............................................HB 715 Community Right-to-Know Trust Fund; General Assembly provide by general law - CA.........................................................................................HR 241 Contracts; lowest bid........................................................................................................HB 1720
Council of Municipal Court Judges; create; county law libraries; collections......................................................................................................HB 1459
Counties; boards of commissioners; provisions................................................................HB 96 Counties; minutes of meetings; purchase of certain
property in adjoining county; prohibit.........................................................................SB 668 Counties, municipalities, and school systems; multiyear
contracts; repeal; reenact...............................................................................................HB 330 Counties; Parents' Committee; provisions....................................................................HB 1062 County attorney serving as municipal court judge; prohibitions................................HB 345 County commissioners and chairmen; bipartisan elections..........................................HB 241 Deannexation; provide method.......................................................................................HB 1544 Development authorities; county projects in municipalities......................................HB 1143 Development impact fees; water or sewer service; amend provisions............................HB 1 Downtown development authorities; directors; terms.................................................HB 1179 Elections Code; conform to National Voter Registration Act...................................HB 1429 Elections; early voting; provisions....................................................................................HB 738 Elections; plurality vote; exception; straight party voting............................................SB 680 Eminent domain; condemnation award; set off by tax liens.......................................HB 989 Fair rent commissions; create.............................................................................................HB 98 Federal community development block grants; expenditure of funds ........................SB 570 Federal funds for federally mandated programs; urge
Congress propose constitutional amendment.............................................................HR 260 Federally mandated programs; urge federal funding....................................................HR 661 Financial audits; expenditure level ................................................................................HB 1415 Fire Department Reimbursement Act; enact..................................................................SB 671 Fulton County; public works contracts; female business enterprises.......................HB 1287 Grand juries; amend provisions; special judge of the
magistrate court; certain property sales.........................................................................SB 31 Grand juries; duties and powers; amend provisions....................................................HB 1190 Honeybee production; regulation...................................................................................HB 1861 Incurring certain debt without referendum; prohibit - CA..........................................SR 385 Jekyll Island--State Park Authority; ad valorem tax
exemption; leasehold interest......................................................................................HB 1461 Joint development authorities; job tax credits ............................................................HB 1764 Local Government Unfunded Mandate Procedures Act; enact.................................HB 1416 Local Government Unfunded Mandate Procedures Act; enact ...................................SB 661 Local income tax; referendum to impose; revise provisions ........................................HB 742 Local retirement funds; investments...............................................................................HB 278 Multiyear lease purchase contracts; prohibit...................................................................HB 44 Municipal charter commissions; provisions....................................................................HB 805 Municipal courts; consolidated governments; misdemeanor jurisdiction...................HB 926 Municipal courts; criminal trespass; jurisdiction.........................................................HB 1460 Municipalities; familial or spousal relationships;
certain prohibitions......................................................................................................HB 1511
Municipalities; minimum distance between boundaries; exception............................HB 605
Nude dancing establishments; urge local governments to enact regulatory measures......................................................................................................HR 1148
Open meetings; repeal certain penalty provisions.........................................................HB 903
Open records law; applicability to public records.......................................................HB 1313
Prehistoric sites, burial grounds, ruins; archeological research; Council on American Indian Concerns; create............................................HB 67

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2921

LOCAL GOVERNMENT (Also, see Counties or Municipalities) (Continued) Programs mandated locally by state; funding - CA........................................................HR 10 Programs mandated locally by state; 90 percent state funding - CA........................HR 262 Programs mandated locally by state; 90 percent state funding - CA ........................HR 659 Programs mandated locally by state; urge General Assembly provide state funds.......................................................................................HR 261 Property Owners' Compensation Trust Fund; General Assembly provide by general law - CA.........................................................................................HR 764 Public debt; solid waste; certain facilities ......................................................................HB 849 Public works contracts; certain counties; nondiscrimination.......................................HB 607 Referendum provisions ......................................................................................................HB 262 Regional development centers; amend provisions.......................................................HB 1482 Revenue bonds; telecommunications systems; provisions..........................................HB 1145 Shoplifting; value of property; municipal court...........................................................HB 1456 State or local bonded indebtedness; private legal counsel; selection by competitive bidding...................................................................HB 740 Unclaimed or indigent bodies; cremation.....................................................................HB 1850 Water, gas, sewerage service, or electricity to residential property; prior occupant's unpaid charges; limited liens.........................................HB 862 Zoning hearings; notification.............................................................................................HB 235
LOCKETT, BOBBY; commend......................................................................................HR 1281
LOCKWOOD, MAX; commend ......................................................................................HR 1005
LOGANVILLE, CITY OF; mayor and council; staggered terms .............................HB 1899
LOITERING; violation of county ordinance; arrest.....................................................HB 1531
LOTTERY Biennial submission to voters - CA.................................................................................HR 669 Educational programs; include certain pre-kindergarten...........................................HB 2017 Excise tax; ticket sales.........................................................................................................HB 56 Income tax; certain withholding.....................................................................................HB 1369 Lien against winnings by state agencies .........................................................................HB 724 Lottery Commission; former employees; prohibit certain contracts.........................HB 1355 Lottery Corporation; certain contract information; confidentiality..........................HB 1346 Lottery Corporation; competitive bidding....................................................................HB 1360 Lottery Corporation; duties and powers; amend.........................................................HB 1169 Net proceeds; monthly transfers and reports..................................................................SB 594 Prizes; income tax; taxable net income of nonresidents.............................................HB 1368 Prizes; setoff debt collection; public assistance...........................................................HB 1316 Proceeds and appropriations; budget report...................................................................SB 595 Proceeds; appropriation for education; amend provisions............................................SB 100 Proceeds; disposition; continuation of projects...............................................................SB 710 Proceeds; requests for appropriations; require lists.......................................................SB 593 Proceeds; scholarship shortfall reserve subaccount........................................................SB 711 Proceeds; shortfall reserve subaccount; provisions.........................................................SB 452 Redefine educational purposes and programs.................................................................SB 437 Retailers; contract revocation; sales to minors.............................................................HB 1663 Retailers; qualifications ...................................................................................................HB 1379 Sales tax; fund educational grants from lottery games..............................................HB 1553 Sales tax on tickets; allocate to local school boards - CA............................................HR 795 Ticket sales by machine; limitation...............................................................................HB 1385 Ticket sales by machine; limitation...............................................................................HB 1503 Ticket sales on Sundays and Christmas day; prohibit...............................................HB 1174 Tickets; certain sale or advertising; prohibit..................................................................HB 767 Unclaimed prizes; gifts; sales to minors........................................................................HB 1495
LOVEJOY HIGH SCHOOL; commend.........................................................................HR 783

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2922

INDEX

LOWNDES COUNTY Board of elections and registration; provisions............................................................HB 1849 Commission districts........................................................................................................HB 1851
LUCAS, PATRICK; commend.........................................................................................HR 696
LUCIUS D. CLAY MEMORIAL PARKWAY; designate.......................................HR 383
LUDOWICI, CITY OF; police court; change name to municipal court..................HB 1737
LULA, CITY OF; new charter.........................................................................................HB 1109
LUMPKIN COUNTY; convey property .........................................................................HR 966

M

MACON, CITY OF Corporate limits................................................................................................................HB 1898 Keep Macon-Bibb Beautiful Commission, city and county officers, and Cherry Blossom Festival Board; invite to House...............................HR 752 Macon Water Authority Employees' Plan; amend provisions......................................SB 386
MADISON, CITY OF; mayor and council; districts.....................................................HB 249
MADISON COUNTY Board of commissioners; composition ...........................................................................HB 1926 Federal community development block grant funds...................................................HB 1660
MAGISTRATE COURTS Bad check prosecution; forfeiture of bonds....................................................................HB 326 Civil cases; monetary jurisdiction...................................................................................HB 1696 Constables or marshals; compensation..........................................................................HB 1519 Deposit account fraud and debit card fraud; define offenses....................................HB 1677 Jurisdiction; certain misdemeanors................................................................................HB 1812 Minimum compensation; computation..........................................................................HB 1874 Special judge; grand juries; amend provisions; certain property sales..........................SB 31 Trial Judges and Solicitors Retirement; magistrate judges; membership......................................................................................................HB 1141
MALT BEVERAGES (Also, see Alcoholic Beverages and Alcoholism) Driving under the influence; breath testing machine; components ............................HB 798 Multiple beverage containers; certain nonbiodegradable packaging; prohibit.........................................................................................................HB 203 Nude and seminude dancing; local governments regulate.........................................HB 1635 Nude dancing; regulation; General Assembly authorize by law - CA........................HR 178 Open container in vehicle; testing of driver....................................................................SB 549 Prohibit certain conduct on premises where sold........................................................HB 1775 Prohibit open container in possession of front-seat passenger in motor vehicle.............................................................................................SB 128 Prohibit sexually explicit conduct on premises where sold.......................................HB 1778 Regulatory authority of state over alcoholic beverages; confirm - CA.......................HR 894 Regulatory power of state; delegation to counties and municipalities for regulation of nude dancing - CA..................................................HR 709 Sales by coliseum authorities............................................................................................HB 131 Sales; polling place prohibition; exception .....................................................................HB 182 Sunday sales during certain hours; consumption on premises; coliseum authorities.........................................................................................................SB 314
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2923

MARIETTA, CITY OF Board of education; fiscal provisions...............................................................................HB 394 Board of lights and waterworks ........................................................................................SB 667 Cobb County-Marietta Water Authority; appointment of members........................HB 2010 Cobb County-Marietta Water Authority; membership .................................................SB 664 Corporate limits................................................................................................................HB 1938 Deannex property.............................................................................................................HB 1928 Mayor pro tern; amend provisions....................................................................................SB 665
MARIJUANA Certain violations; probate court jurisdiction .................................................................SB 576 Controlled substances and dangerous drugs; amend listing ......................................HB 1217 Controlled substances; forfeitures; disposition................................................................SB 237 Crimes; commission by felon using firearm....................................................................HB 832 Drug offenses; forfeited moneys; drug abuse education.............................................HB 1335 Evidence; secure storage facility.....................................................................................HB 1588 Firearms possession; marijuana offense; penalty...........................................................HB 765 Magistrate courts; jurisdiction; certain misdemeanors...............................................HB 1812 School bus drivers; random drug and alcohol testing...................................................HB 372 Sexual offenses; redefine offense of prostitution.........................................................HB 2050 Trafficking; change provisions........................................................................................HB 1338 Trafficking; parole; General Assembly prohibit by law - CA......................................HR 748 Trafficking; penalties; prohibitions................................................................................HB 1441
MARION COUNTY Entertainment Capital of Southwest Georgia; recognize..............................................HR 757 Georgia Chicken Cookin' Championship and Southern Foods Festival; designate Buena Vista and Marion County as official site......................HR 749
MARKS, GENE Condolences.......................................................................................................................HR 1043 Condolences.......................................................................................................................HR 1086
MARRIAGE (Also, see Domestic Relations) Common-law; prohibit after certain date ..........................................................................SB 36 License; additional fee; family violence centers...........................................................HB 1680 License; blood tests; exception on religious grounds..................................................HB 1819 License; HIV testing...........................................................................................................HB 179 License; HIV testing; confidentiality,..............................................................................HB 445 License issuance; satellite courthouses; population provisions..................................HB 1671 Separate maintenance cases; venue - CA.........................................................................SR 392 State Children's Trust Fund and State Children's Trust Fund Commission; disbursements; repeal date...........................................................SB 493 Witnesses; husband and wife; when compellable to give evidence ...........................HB 1479 Witnesses; husband and wife; when compellable to give evidence..............................SB 609
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Board of directors; amend provisions............................................................................HB 1452 Certain interest income; pay operating costs...............................................................HB 1451 Local sales tax; limitation; exempt..................................................................................HB 181 Local sales tax; prohibitions; exception ..........................................................................HB 861 Metropolitan Atlanta Rapid Transit Overview Committee; amend repeal provisions................................................................................................HR 215
MARTIN, DR. JOHN M. "PEPPER"; commend.......................................................HR 850
MARTIN, KARA; invite to House...................................................................................HR 813
MARTIN LUTHER KING, JR., BOULEVARD; designate ....................................SR 516

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2924

INDEX

MASS TRANSPORTATION Local sales tax; limitation; exempt MARTA..................................................................HB 181 Local sales tax; prohibitions; exception ..........................................................................HB 861 MARTA; board of directors; amend provisions...........................................................HB 1452 MARTA; certain interest income; pay operating costs...............................................HB 1451 Metropolitan Atlanta Rapid Transit Overview Committee; amend repeal provisions................................................................................................HR 215 State employees; mass transit employee benefit; provisions.......................................HB 667
MAULDIN, ARCHIE THOMAS; commend..............................................................HR 1216
MAULDIN, BETTY; commend .....................................................................................HR 1050
MCALISTER, ROBERT; commend .............................................................................HR 1220
MCALLISTER, ANGELA LEIGH; commend...........................................................HR 1144
MCCOMBS, JUDGE RUFE E.; commend ...................................................................HR 688
MCCUTCHEN, LAUREN; commend.............................................................................HR 721
MCDUFFIE COUNTY Board of commissioners; certain annual report ...........................................................HB 1021 Board of commissioners; chairperson............................................................................HB 1952 Expenditures and fees; annual report...........................................................................HB 1068 Magistrate court; chief magistrate .................................................................................HB 1633
MCEACHERN HIGH SCHOOL WRESTLING TEAM; commend....................HR 1008
MCGEE, NELSON, JR., M.D., PH.D., FACOG, FACS; commend......................HR 1199
MCGREW, EDITH L.; commend...................................................................................HR 1096
MCINTOSH COUNTY Board of commissioners; amend provisions..................................................................HB 2021 Commissioners; amend provisions.....................................................................................SB 687 Grant easement....................................................................................................................SR 463 Sheriff; compensation.......................................................................................................HB 2040 Tax commissioner and personnel; compensation.........................................................HB 2041
MCKEE, GARY;commend..............................................................................................HR 1151
MEADE, SHARMAN MILLICENT; compensate ......................................................HR 864
MEDICAL ASSISTANCE, DEPARTMENT OF Breast-feeding equipment...............................................................................................HB 1972 Long-term care patients; personal needs allowance.......................................................SB 552 Medicaid; certain transportation; handicapped parking privileges...........................HB 1546 Medicaid, health coverage, and dependent children; insurance regulation relative to..................................................................................HB 1515 Medicaid; limitation on prescription drugs for senior citizens; urge study.........................................................................................................HR 774 Voucher program for private health care........................................................................HB 601 Voucher program for private health care......................................................................HB 1009
MEETINGS Counties; Parents' Committee; provisions ....................................................................HB 1062 Open meetings and open records; certain health care entities....................................HB 852 Open meetings and open records; certain hospitals ......................................................HB 777 Open meetings; repeal certain penalty provisions .........................................................HB 903 Pardons and Paroles Board; inspection of votes ..............................................................SB 64

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2925

MEMORIAL MIDDLE SCHOOL LADY SEMINOLES BASKETBALL TEAM; commend ............................................................................HR 1116
MENTAL HEALTH Accident and sickness insurance; mental disorders; repealers.....................................HB 761 Addiction counselors; scope of practice; exemption from licensure .........................HB 1330 Adult residential homes and assisted living facilities; regulate.................................HB 1930 AIDS confidential information; certain disclosure; authorization............................HB 1186 Clinical nurse specialist in psychiatric/mental health; provisions ...............................SB 312 Clinical records; disclosure ..............................................................................................HB 1405 Community service boards; county departments of health and family and children services; unemployment compensation, workers' compensation, and liability coverage .........................................................HB 1921 Elections; early voting; provisions....................................................................................HB 738 Personal care home; rename adult residential care home............................................HB 848 Professional counseling; licensing exemption; community service boards...................................................................................................................SB 434 Professional counselors; licensing; amend provisions.....................................................SB 642 Provision of services; revise .................................................................................................SB 49 Psychology; redefine practice............................................................................................HB 525 Regional and community service boards; amend provisions.........................................SB 511 Sales tax exemption; vocational schools for mentally disabled.................................HB 1578 Transportation of certain patients....................................................................................SB 443
MERIT SYSTEM (Also, see State Employees or State Government) Employees' Retirement; certain pilots; additional credit...........................................HB 1086 Health insurance plans; assignment of benefits...........................................................HB 1278 Office of Planning and Budget; develop plan to downsize government .........................SR 9 Regional and community service boards; amend provisions.........................................SB 511 Sick leave; provisions ............................................................................................................SB 53 State employees; payroll deductions; certain not-for-profit organizations..................................................................................................................HB 1455 State employees; payroll deductions; eligible voluntary charitable organization.................................................................................................HB 1439 State government; personnel expense; request plan to reduce....................................HR 384 State Productivity Council; create .................................................................................HB 1551
MERIWETHER COUNTY; hunting seasons; northern and southern zones .........HB 1463
MERRITT, JOHN W.; commend...................................................................................HR 1224
MERRITT, LAURA; miss Cobb County of 1994; commend.......................................HR 755
METRO FAST-PITCH SOFTBALL TOURNAMENT Invite participants to House .............................................................................................HR 715
MIDDLE JUDICIAL CIRCUIT; judges; miscellaneous expenses .........................HB 1988
MIDWAY, CITY OF Corporate boundaries.......................................................................................................HB 1593 Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; create .............................................................HB 1894
MILITARY AFFAIRS Ad valorem tax; exempt certain property of veterans organizations........................HB 1297 Adult residential homes and assisted living facilities; regulate.................................HB 1930 Emergency management; communications officers; training .....................................HB 1747 Employees' Retirement; certain military service credit................................................HB 158 Employees' Retirement; certain military service credit..............................................HB 1129

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2926

INDEX

MILITARY AFFAIRS (Continued) Employees' Retirement; Vietnam service credit..........................................................HB 1111 Georgia Civil War Commission; create............................................................................HB 997 Georgia Civil War Resources Commission; create.........................................................HR 403 Homestead exemption; certain veterans killed in conflict; surviving spouse.............................................................................................HB 1548 Homosexuals in military; urge Congress preserve prohibition ban ............................HR 234 License plates and drivers' licenses; certain disabled veterans; certain spouses.................................................................................................................SB 242 Military activity not authorized by Congress; urge Congress not fund .....................HR 417 Monuments Protection Act; enact...................................................................................HB 553 National Guard; assistance in drug enforcement and delivery of medical care; youth opportunities training program..........................................HB 1684 National Guard; call to active duty for non-emergency.............................................HB 1600 Natural Disaster Relief Fund; establish........................................................................HB 1705 116th Fighting Wing on Dobbins Air Force Base; urge Congress maintain..............HR 897 Personal care home; rename adult residential care home............................................HB 848 Portion of State Highway 107; urge designation as Military Memorial Highway; veterans; commend...................................................................HR 1261 Public officers and employees; military duty; sick leave..............................................HB 358 Public retirement systems; certain military service credit; amend provisions................................................................................................HB 902 Purple Heart veterans; license plates; annual fee exemption........................................HB 78 Special license plates; certain state commanders; repeal certain minimum number requirement .....................................................................................SB 547 Special license plates; National Guard and reservists; retirement..............................SB 528 Special license plates; Pearl Harbor survivors; minimum number...........................HB 1265 Special license plates; Purple Heart veterans; surviving spouse...............................HB 1340 Special license plates; retired members of armed forces...............................................SB 367 Special license plates; retired National Guard members ...........................................HB 1221 Special license plates; retired reservists........................................................................HB 1065 Special license plates; state commanders; national veterans' organizations.................................................................................................HB 1601 Special license plates; veterans; minimum number.....................................................HB 1534 State Defense Force; amend provisions ..........................................................................HB 969 State Defense Force; amend provisions...........................................................................SB 368 World War II veterans; express appreciation; study possibility of erecting monument....................................................................................................HR 815
MILLEDGE, RONJII; commend...................................................................................HR 1282
MILLER, BOB; commend..................................................................................................HR 953
MILLER COUNTY; grant easement................................................................................SR 467
MILLER, KATHIE; commend .......................................................................................HR 1203
MILLS, RICHARD BENJAMIN; condolences...........................................................HR 971
MINERAL RESOURCES County solid minerals severance tax; provisions .........................................................HB 1973 Income tax; severance of solid minerals........................................................................HB 1759 Surface mining; amend provisions.................................................................................HB 1777
MINORS Abortion; Civil Rights Protection Act; enact.................................................................HB 716 Abortion; Female's Right to Know Act; enact...............................................................HB 602 Aid to dependent children; recovery; action by Department of Human Resources....................................................................................................HB 1848 Aid to families with dependent children; revise provisions...........................................HB 85

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2927

MINORS (Continued) Alternative Schools and Reeducation Act; enact.........................................................HB 1837 Boat Safety Act; amend provisions...................................................................................SB 601 Child abuse evidence; report to district attorney..........................................................HB 530 Child abuse records; access by child-placing agencies................................................HB 1322 Child abuse registry; hearing before accused's name is added..................................HB 1351 Child Advocacy Act; enact................................................................................................HB 529 Child custody; amend provisions......................................................................................HB 575 Child custody; death of custodial parent; child 14 years or older..............................HB 483 Child support award; computation..................................................................................HB 577 Child support; award guidelines; completely revise....................................................HB 1356 Child support; certain employers; report hiring and rehiring of certain employees..........................................................................................HB 89 Child support; net income.................................................................................................HB 642 Child support; noncompliance; limit driver's license issuance..................................HB 1925 Child support; noncompliance; limit issuance of certain licenses.............................HB 1515 Child support; noncompliance; limit issuance of certain licenses................................SB 411
Children and Youth Services Department; authority to enter into contracts......................................................................................................HB 1626
Civil actions; limitation; childhood sexual abuse...........................................................HB 236 Commission of certain crimes by persons 13 to 17 years old;
superior court jurisdiction...........................................................................................HB 1236 Commission of certain crimes by persons 13 to 17 years old;
superior court jurisdiction...........................................................................................HB 1238 Contributing to delinquency of minor; commission of
violent crimes; penalties ................................................................................................HB 533 Convicted felon; juvenile court records; superior
court access before sentencing.......................................................................................SB 559 Criminal gang activity; add rape to list...........................................................................SB 460 Day-care centers; rule violations; release findings.......................................................HB 1552 Day-care facilities; prohibit smoking................................................................................SB 471 Discipline in schools; prohibit corporal punishment.........................................................HB 6
Dispossessory proceedings; reports to Department of Family and Children Services.......................................................................................HB 723
Distribution of sexual materials; exception to prohibition ........................................HB 1897 Domestic relations; certain actions; seminar.....................................................................SB 63 Driver's license; exempt certain persons from requirements.......................................HB 290 Driver's license; learner's permit; amend provisions......................................................SB 518 Driver's license; school requirement................................................................................HB 645 Driver's license; school requirement..............................................................................HB 1367 Driver's license; school requirement; hardship exemptions..........................................SB 168 Driver's license suspension; certain minors; driving
under the influence.........................................................................................................SB 406 Driver's license suspension; driving under the influence ...........................................HB 1374 Driver's license; valid to age 21..........................................................................................SB 507 Driving under the influence; persons under age 21;
blood alcohol content.....................................................................................................HB 622 Driving under the influence; persons under age 21;
blood alcohol content...................................................................................................HB 1927 Driving under the influence; persons under age 21;
blood alcohol content......................................................................................................SB 419
Driving under the influence; persons under age 21; blood alcohol content......................................................................................................SB 674
Driving under the influence; third conviction; coding on license .............................HB 1329
Education; programs for intellectually gifted; eligibility criteria..............................HB 1768
Education; student records; parents' inspection.............................................................SB 629
Failure to prevent delinquency of minor; define offense ...........................................HB 1284

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2928

INDEX

MINORS (Continued) Foster care parents; records check; potential adoptive and foster parents; training programs..........................................................................SB 442 Georgia Association of Black Elected Officials (GABEO); relative to recommendations concerning children...................................................HR 1241 Georgia Association of Black Elected Officials (GABEO); support efforts relating to violence and youth.........................................................HR 1242 Grandparents; visitation rights; amend provisions......................................................HB 1425 Grandparents; visitation rights; ex-affines grandparents.............................................HB 573 Guardians; appointment by probate court judge............................................................SB 538 House Interagency Collaboration for School Based Services to Youth Study Committee; create..............................................................HR 426 Hunter education courses; age requirement...................................................................HB 163 In open bed pickups; prohibit on interstate or four lane highways...............................HB 5 Income tax credit; child care or dependent care expenses...........................................HB 438 Juvenile courts; associate judges; qualifications..........................................................HB 1327 Juvenile delinquents; special alternative incarceration-- probation boot camps; provisions .................................................................................SB 150 Juvenile law enforcement records; inspection by school officials................................SB 122 Juvenile proceedings; amend provisions .........................................................................HB 531 Juvenile proceedings; certain possession of firearm; misdemeanor..........................HB 1599 Juvenile proceedings; certain unruly child.....................................................................HB 141 Juvenile proceedings; community based risk reduction programs...............................SB 560 Juvenile proceedings; deprived child; legal custody....................................................HB 1087 Juvenile proceedings; hearings and records; amend provisions....................................SB 461 Juvenile proceedings; redefine unruly child....................................................................SB 558 Juveniles; certain offenses; release from custody ...........................................................SB 535 Juveniles in custody; time for hearing; maximum incarceration..............................HB 1066 Liability insurance; nonprofit agencies; contracts with Children and Youth Department......................................................................HB 1627 Lottery; educational programs; include certain pre-kindergarten ............................HB 2017 Lottery retailers; contract revocation; sales to minors ...............................................HB 1663 Lottery; unclaimed prizes; gifts; sales to minors.........................................................HB 1495 Mandatory education; age requirement.............................................................................SB 72 Name change; parents' consent; when not required ......................................................SB 433 National Guard; assistance in drug enforcement and delivery of medical care; youth opportunities training program..........................................HB 1684 Nonresident jurisdiction; child support or alimony modification...............................HB 576 Parental rights; certain termination..............................................................................HB 1492 Paternity determination; genetic testing; child support................................................SB 148 Peace officers; training; include crimes against children ..............................................SB 494 Placement; private family attention home......................................................................SB 548 Planned Parenthood; urge Department of Human Resources discontinue contract..................................................................................HR 1011 Possession of firearms; student on school property; penalties..................................HB 1823 Potential adoptive or foster parents; training program; payment............................HB 1620 Probate court; service of guardian.....................................................................................HB 71 Public school discipline; student codes and standards of conduct; establish.....................................................................................................HB 1560
Quality basic education; child abuse prevention education; require course................................................................................................................HB 1064
Quality basic education; Individual Education Program; parental access ................................................................................................................HB 999
Quality basic education; sex education courses; regulations........................................HB 357
Safety belts in passenger vehicles; redefine to include pickup truck transporting minors..............................................................................HB 1486
School breakfast programs; establish............................................................................HB 1557

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2929

MINORS (Continued) School buses; unlawful to operate with unseated children........................................HB 1380 School enrollment; social security number; repeal certain requirement....................HB 488 School Safety and Juvenile Justice Reform Act; enact .................................................SB 440 Schools; certain disciplinary sanctions; local boards impose.....................................HB 2051 Schools; chronic disciplinary problem student; provisions ...........................................SB 395 Schools; daily moment of silent reflection; provisions...................................................SB 396 Schools; migrant student grants........................................................................................SB 647 Schools; migrant student grants; personnel certification; Blind Persons' Literacy Rights and Education Act; enact......................................HB 492 Schools; student-led prayer; extracurricular events ....................................................HB 1932 Seat belts; children under age 16..........................................................................................SB 6 Secure juvenile detention facility; certain jails............................................................HB 1373 Sex education and AIDS prevention instruction; certain requirements....................HB 423 Smoking in child care facilities; prohibit......................................................................HB 1358 Soliciting minor to commit felony; penalties ...............................................................HB 1404 Soliciting minor to commit felony; penalties ..................................................................SB 556 State Children's Trust Fund and State Children's Trust Fund Commission; disbursements; repeal date...........................................................SB 493 Statutory rape; change age................................................................................................HB 153 Student initiated prayer; use of school property.........................................................HB 1216 Students; reportable crimes; deadly weapon at school function...............................HB 1542 Summer school program; certain students ...................................................................HB 1130 Tattooing; minimum age; permit provisions; local regulation......................................SB 517 Teachers; refusal to alter grade.........................................................................................SB 554 Tobacco products; possession by minor under age 18..................................................HB 638 Tobacco products; sales locations; Department of Human Resources inspect...........................................................................................HB 1618 Wiretapping; conversations of child under the age of 14 years ................................HB 1243 Work for Welfare Program; establish...............................................................................SB 464 Working hours; prohibitions...........................................................................................HB 1526
MITCHELL COUNTY State court judge and solicitor; compensation .............................................................HB 1577 Superior court; change terms..........................................................................................HB 1311
MITCHELL, DARRION; commend ...............................................................................HR 786
MOBILE HOMES Ad valorem tax; classification.........................................................................................HB 1140 Mobile homes and mobile home parks; regulate.........................................................HB 1293 Real property; certificate of title....................................................................................HB 1233 Transporting to another county; decal............................................................................HB 561 Transporting to another county; decal.............................................................................SB 209
MOBLEY, HONORABLE BARBARA; communication.........................................Page 220
MOLENA, CITY OF; mayor and council; terms .........................................................HB 2030
MONCRIEF, GAY; commend ...........................................................................................HR 760
MONROE, CITY OF City administrator; amend provisions...........................................................................HB 1889 Water, light, and gas commission; membership...........................................................HB 1888
MONTESSORI CHILDREN'S COTTAGE IN CONYERS Commend elementary class...............................................................................................HR 852
MORELAND, THOMAS D.; commend.......................................................................HR 1105
MORGAN, WILLIE MAE; commend...........................................................................HR 1136

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MORROW, CITY OF; homestead exemption; increase.................................................SB 703
MORTGAGES (See Liens and Mortgages)
MOTOR CARRIERS Certain trailers; permanent license plates....................................................................HB 1342 Commercial driver's license; operating vehicle without; penalties.................................SB 52 Limousine carriers; Public Service Commission regulate.............................................HB 847 Limousine carriers; Public Service Commission regulate..............................................SB 317 Motor common carriers and motor contract carriers; definitions...............................HB 391 Motor contract carriers and motor common carriers; definition; exclude small buses...................................................................................HB 1783
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline and Gas Service or Motor Vehicles and Traffic) Additional 5 cents per gallon - CA..................................................................................HR 269 Appropriate for transportation system - CA..................................................................HR 271 Compressed petroleum gas; gallon equivalent ................................................................SB 141 Counties and municipalities; special districts................................................................HB 186 Exemption certificates; certain sales.............................................................................HB 1517 Increase.................................................................................................................................HB 785 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Sales and use tax on motor fuel; education funding.....................................................HB 613 Urge use for any transportation purpose........................................................................HR 270
MOTOR VEHICLE ACCIDENT INSURANCE Accidents; timely notice for action by Department of Public Safety ......................HB 1653 Certain cancellation; notice.............................................................................................HB 1308 Certain coverage; premium reductions..........................................................................HB 1453 Certain optional coverage..................................................................................................HB 770 Certain violations; proof of financial responsibility.......................................................SB 579 Claim; two or more carriers; liability...............................................................................HB 471 Compensation; loss of use of vehicle .............................................................................HB 1545 Driver's license; insurance provisions; amend.................................................................SB 613 Driver's license; reinstatement fees....................................................................................HB 28 Driving under the influence; defendant's record; transmit to insurance company.....................................................................................SB 420 Enforcement services by private entities........................................................................HB 416 Exchange of information at scene of accident................................................................SB 574 Glass replacement or repair .................................................................................................SB 47 House Study Committee on Private No-Fault Motor Vehicle Insurance; create.............................................................................................................HR 127 Motor vehicle and homeowner's policies; nonrenewal prohibitions..........................HB 1689 Personal lines policy; agent's service fee.......................................................................HB 1163 Premiums; geographic factor.............................................................................................HB 231 Prohibit surcharge; driver clinic attendance..................................................................HB 823 Proof of insurance; financial responsibility.......................................................................HB 26 Proof of insurance; financial responsibility..................................................................HB 1893 Ratefilings.........................................................................................................................HB 1307 Rights of reimbursement; health insurance; subrogation...........................................HB 1509 Taxicabs; self-insurers; mutual insurers; surplus............................................................SB 505 Traffic accident reports; submit to Public Safety Department ................................HB 1386
MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; lien foreclosure affidavit; filing fee.................................HB 321 Accident reports; increase property damage amount..................................................HB 1387 Accident reports; submit to Public Safety Department.............................................HB 1386 Accident scene; exchange of information; certain driver's license reinstatement; DUI Alcohol or Drug Use Risk Reduction Program; police visual or audible signal to stop..........................................................................SB 574

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2931

MOTOR VEHICLES AND TRAFFIC (Continued) Accidents; timely notice for action by Department of Public Safety ......................HB 1653 Ad valorem tax; motor vehicle registration; penalty for false information.....................................................................................................HB 1214 Ad valorem tax; payment by credit card........................................................................HB 513 Aggravated assault; redefine offense; include drive-by shooting...............................HB 1198 Air pollution reduction; urge Environmental Protection Division to institute emission credit banking and trading program.......................HR 796 Alcoholic beverages; prohibit open container in possession of front-seat passenger....................................................................................................SB 128 Alcoholic beverages; prohibit sale for consumption at gasoline retail outlets.....................................................................................................HB 202 Anti-motor Vehicle Hijacking Act of 1994; enact........................................................HB 1080 Anti-motor Vehicle Hijacking Act of 1994; enact...........................................................SB 288 Antifreeze; prohibitions .....................................................................................................HB 209 Antique motor vehicles; display license plate of year of manufacture.....................HB 1885 Bicycles on roadways; exceptions to right side requirement.......................................HB 827 Board, Department, and commissioner; create............................................................HB 1151 Carjacking; define offense ...............................................................................................HB 1197 Casual sales; sales tax exemption.....................................................................................HB 169 Centralized emission testing program; urge delay of implementation .......................HR 727 Certain carriers, major components, and replacement parts; sales tax exemption.............................................................................................HB 176 Certain casual sales; sales tax.........................................................................................HB 1172 Certain casual sales; sales tax exemption.......................................................................HB 640 Certain sales to nonresidents; repeal sales tax exemption...........................................HB 219 Certain trailers; permanent license plates....................................................................HB 1342 Certain violations; proof of financial responsibility.......................................................SB 579 Certificate of title; decrease fees....................................................................................HB 1176 Certificate of title; 14 year old vehicle..........................................................................HB 1234 Certificate of title; transfer by assignment.....................................................................HB 986 Commercial driver's license; operating vehicle without; penalties.................................SB 52 Commercial driver's license; serious traffic violation; change definition...........................................................................................................HB 1376 Commission on the Certification of Automobile Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops; create.............................SR 93 Courts; fines and forfeitures; certain traffic offenses; administrative fee.........................................................................................HB 1162 Day-care centers; vans or buses; lighting requirements ...............................................HB 571 Dealer transfers; uniform procedures..............................................................................HB 404 Dealers; reassignments; certificate of title......................................................................HB 692 Derelict motor vehicles; determination of value..........................................................HB 1709 Developmental highway system; add certain road corridor.......................................HB 1767 Developmental highway system; add highway.............................................................HB 1818 Driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs; courthouse use ..................................................................SB 109 Driver's license; administrative suspension for driving under the influence; first offense....................................................................................SB 27 Driver's license; Classes C and M; reduce fees............................................................HB 1175 Driver's License Contribution for Anatomical Gifts Fund; establish.......................HB 1549
Driver's license; definition of resident...........................................................................HB 1568
Driver's license exams; users of bioptic lenses.............................................................HB 1840
Driver's license; exempt certain persons from requirements .......................................HB 290
Driver's license exemptions; persons age 21 or over being trained by licensed driving instructor..........................................................................SB 245
Driver's license; false application or improper use; penalty ..........................................HB 32

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2932

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Driver's license; free replacement; address or name change.........................................SB 416 Driver's license; highlighted birthdate; renewal by mail..............................................HB 580 Driver's license; insurance provisions; amend.................................................................SB 613 Driver's license issuance; driver sign certain pledge......................................................SB 402 Driver's license; minors; valid to age 21...........................................................................SB 507 Driver's license; notice of revocation; time limit to request hearing............................HB 22 Driver's license; persons under age 18; school requirement.........................................HB 645 Driver's license; persons under age 18; school requirement.......................................HB 1367 Driver's license; persons under age 18; school requirement; hardship exemptions .......................................................................................................SB 168 Driver's license; Public Safety Department records; compilation of lists ...........................................................................................................HB 23 Driver's license; reduced fees; anatomical gifts............................................................HB 1547 Driver's license; reinstatement fees....................................................................................HB 28 Driver's license replacement; name or address change; time period ........................HB 1283 Driver's license suspension; certain minors; driving under the influence.........................................................................................................SB 406 Driver's license suspension; driving under the influence; limited driving permit..................................................................................................HB 1699 Driver's license suspension; drug-related offenses.......................................................HB 1000 Driver's license suspension; minors; driving under the influence.............................HB 1374 Driving under the influence; breath testing machine; components............................HB 798 Driving under the influence; chemical test; information arresting officer required to provide.............................................................................SB 163 Driving under the influence; chemical test; information required from arresting officer...................................................................................HB 1073 Driving under the influence conviction; red colored license plate............................HB 1498 Driving under the influence; count prior convictions when imposing penalties..............................................................................................HB 1315 Driving under the influence; defendant's record; transmit to insurance company.....................................................................................SB 420 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program........................HB 480 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program ........................SB 307 Driving under the influence; driver's license suspension; amend provisions.............................................................................................................SB 418 Driving under the influence; eliminate nolo contendere plea ......................................SB 417 Driving under the influence; first or second conviction; work release .....................HB 1230 Driving under the influence; habitual violator; probationary driver's license.......................................................................................HB 1471 Driving under the influence; jury trial waiver; remand to lower court.......................SB 421 Driving under the influence; minimum mandatory sentences...................................HB 1250 Driving under the influence; nolo contendere; one-time plea ...................................HB 1697 Driving under the influence; nolo contendere plea; completion of certain program ...................................................................................HB 1474
Driving under the influence; nolo contendere plea; completion of DUI Alcohol or Drug Use Risk Reduction Program........................HB 475
Driving under the influence offense; constitute moral turpitude; prohibit holding office - CA.......................................................................HR 844
Driving under the influence; persons under age 21; blood alcohol content.....................................................................................................HB 622
Driving under the influence; persons under age 21; blood alcohol content...................................................................................................HB 1927
Driving under the influence; persons under age 21; blood alcohol content..:...................................................................................................SB 419

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2933

MOTOR VEHICLES AND TRAFFIC (Continued) Driving under the influence; persons under age 21; blood alcohol content......................................................................................................SB 674 Driving under the influence; persons under age 21; license suspension ....................HB 647 Driving under the influence; prohibit possession of alcoholic beverage by convicted person.......................................................................HB 382 Driving under the influence; speedy trial; waiver .......................................................HB 1695 Driving under the influence; stricter penalty provision .............................................HB 1477 Driving under the influence; third conviction; coding on license .............................HB 1329 Driving under the influence; third or subsequent conviction; publication....................................................................................................SB 119 DUI alcohol and drug use risk reduction programs; requirements for operation..........................................................................................HB 1399 DUI Alcohol or Drug Use Risk Reduction Programs; regulate...................................HB 477 Elections Code; conform to National Voter Registration Act...................................HB 1429 Emergency medical services; invalid car; applicability...............................................HB 1426 Emergency wreckers; provisions.......................................................................................HB 711 Emission inspections; extend to all counties..................................................................HB 623 Firearms at school functions; penalties; forfeitures .......................................................SB 510 Fleeing, eluding, or impersonating law enforcement officer; penalty.........................HB 198 Fleeing or attempting to elude police officer; audible and visual signal.............................................................................................HB 1381 Fleeing or eluding peace officer; penalty..........................................................................HB 31 Fleeing or eluding peace officer; signal.........................................................................HB 1255 Foglights; prohibitions.....................................................................................................HB 1535 Georgia Bureau of Investigation labs; controlled substances or dangerous drugs; testing.......................................................................HB 838 Georgia Ports Authority; traffic jurisdiction; certified peace officers.................................................................................................HB 1729 Handicapped identification card; proof of disability for special license plate................................................................................................HB 1550 Handicapped parking law; persons who may enforce.................................................HB 2007 Handicapped parking monitors; prohibit interference..................................................SB 462 Handicapped parking privileges; certain Medicaid transportation...........................HB 1546 Handicapped parking; Purple Heart veterans with special plate................................SB 401 Highways; maximum speed limits; construction sites....................................................SB 487 Highways; weight of vehicle loads; compliance.................................................................SB 38 Homicide by vehicle; insurance benefits; prohibitions ...............................................HB 1249 House Study Committee on Private No-Fault Motor Vehicle Insurance; create...............................................................................................HR 127 Income tax deduction; interest on certain motor vehicle loans ..................................HB 901 Insurance; certain cancellation; notice..........................................................................HB 1308 Insurance; certain coverage; premium reductions .......................................................HB 1453 Insurance; certain optional coverage................................................................................HB 770 Insurance; compensation; loss of use of vehicle...........................................................HB 1545 Insurance; enforcement services by private entities......................................................HB 416 Insurance; glass replacement or repair...............................................................................SB 47 Insurance; motor vehicle and homeowner's policies; nonrenewal prohibitions ..............................................................................................HB 1689 Insurance; personal lines policy; agent's service fee....................................................HB 1163 Insurance; premiums; geographic factor..........................................................................HB 231
Insurance; prohibit surcharge; driver clinic attendance ...............................................HB 823
Insurance; rights of reimbursement; health insurance; subrogation .........................HB 1509
Juvenile proceedings; certain possession of firearm; misdemeanor ..........................HB 1599
License plates; certain disabled veterans; veterans' licenses; certain spouses.................................................................................................................SB 242
License plates; purchase by mail; additional fees........................................................HB 1716

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MOTOR VEHICLES AND TRAFFIC (Continued) License plates; Purple Heart veterans; annual fee exemption......................................HB 78 License plates; revalidation decals.................................................................................HB 1639 License plates; revocation..................................................................................................HB 564 License plates; time period for issuance; transfers; decals...........................................HB 479 Limousine carriers; Public Service Commission regulate.............................................HB 847 Limousine carriers; Public Service Commission regulate..............................................SB 317 Minors in open bed pickups; prohibit on interstate or four lane highways..................HB 5 Mobile homes; real property; certificate of title..........................................................HB 1233 Motor contract carriers and motor common carriers; definition; exclude small buses...................................................................................HB 1783 Motor fuel tax; additional 5 cents per gallon - CA.......................................................HR 269 Motor fuel tax; appropriate for transportation system - CA.......................................HR 271 Motor fuel tax; compressed petroleum gas; gallon equivalent .....................................SB 141 Motor fuel tax; exemption certificates; certain sales..................................................HB 1517 Motor fuel tax; increase.....................................................................................................HB 785 Motor fuel tax; urge use for any transportation purpose.............................................HR 270 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Motor vehicle or trailer; security interest; rental price.................................................SB 514 Motor vehicle sales; exempt sales tax; impose ad valorem tax ...................................HB 799 Motor vehicle used in certain crimes; seizure and forfeiture ....................................HB 1424 Off-road vehicles; restrictions on operation..................................................................HB 1292 Pawnbrokers; sales at auction; license.............................................................................HB 943 Pedestrian's crosswalk; requirements............................................................................HB 1240 Proof of insurance violation; financial responsibility requirement...........................HB 1893 Radar detectors; prohibit use ...........................................................................................HB 204 Registration and title applications; security interest..................................................HB 1235 Registration; nonresident and visiting drivers; violation................................................HB 55 Registration; out-of-state certificate of title...................................................................HB 880 Registration; proof required; surrender of driver's license upon reissuance....................................................................................................HB 25 Registration records; inspection by private detectives.................................................HB 726 Replacement license plate or title; fees.........................................................................HB 1223 Revenue commissioner; tag and title information by electronic transfer; definition of resident; learner's license ........................................................SB 518 Right-of-way; law enforcement vehicle in traffic stop..................................................HB 287 Safety belts in passenger vehicles; redefine to include pickup truck transporting minors..............................................................................HB 1486 Sales and use tax on motor fuel; education funding.....................................................HB 613 Sales tax collection fee; certain casual sales...................................................................HB 451 Sales tax; exempt certain personal property and certain motor vehicles ..................HB 430 School buses; load limit...................................................................................................HB 1029 School buses; unlawful to operate with unseated children........................................HB 1380 Seat belts; children under age 16..........................................................................................SB 6 Serious traffic offenses; forfeiture of property.............................................................HB 1942 Serious traffic offenses; habitual violators and driving under the influence; lookback period........................................................................HB 1698 Serious traffic offenses; signal to stop vehicle; driving under the influence risk program.................................................................HB 1916 Solid color vehicles; state patrol use................................................................................HB 111 Special license plates; additional fees; delete requirement..........................................HB 618
Special license plates; additional fees; delete requirement..........................................HB 698
Special license plates; additional fees; delete requirement..........................................HB 748
Special license plates; annual fees; amend .....................................................................HB 980
Special license plates; certain state commanders; handicapped identification card; repeal certain minimum number requirement .........................SB 547
Special license plates; commemorate Buckhead..........................................................HB 1518

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2935

MOTOR VEHICLES AND TRAFFIC (Continued) Special license plates; firefighters; delete fee.................................................................HB 291 Special license plates; firefighters; no additional fee..................................................HB 1266 Special license plates; National Guard and reservists; retirement..............................SB 528 Special license plates; Pearl Harbor survivors; minimum number...........................HB 1265 Special license plates; Purple Heart veterans; surviving spouse...............................HB 1340 Special license plates; registration fees; amend provisions..........................................HB 824 Special license plates; retired members of armed forces...............................................SB 367 Special license plates; retired National Guard members; amateur radio operators...............................................................................................HB 1221 Special license plates; retired reservists........................................................................HB 1065 Special license plates; state commanders; national veterans' organizations.................................................................................................HB 1601 Special license plates; veterans; minimum number.....................................................HB 1534 Speed detection devices; eliminate certain restriction...................................................SB 116 Speed detection devices; restrictions; exemption; certain counties............................HB 199 Speed detection devices; warning signs; distance..........................................................HB 128 Staggered registration; amend provisions.......................................................................HB 514 State-wide staggered registration...................................................................................HB 1558 State-wide staggered registration...................................................................................HB 1914 Suspected driving under the influence offense; certain tests; informed consent................................................................................................HB 1694 Tag agents; certain additional compensation; fee deduction.......................................HB 981 Taxicabs; self-insurers; mutual insurers; surplus............................................................SB 505 Title transfer; waive penalty and interest....................................................................HB 1205 Traffic cases; municipal court provisions; delete applicability to Atlanta City Court............................................................................HB 1872 Uniform rules of the road; emergency medical technicians; certain privileges.........................................................................................HB 61 Uniform rules of the road; open container of alcohol; testing of driver................................................................................................................SB 549 Uniform rules of the road; passenger behavior; tilted truck bed................................HB 165 Uniform rules of the road; proof of insurance; financial responsibility.......................HB 26 Uniform rules of the road; riding horse on roadway after dark; penalty....................HB 27 Unpaid parking fines; nonissuance of registration and license plates........................HB 185 Used cars; dealers and salvage dealers; combine state boards..................................HB 1390 Used Oil Collection Act; enact........................................................................................HB 1428 Vehicle emission inspection stickers; delete display requirement...............................SB 463 Vehicle stopping on road; exception to prohibition; municipal solid waste transport......................................................................................................HB 879 Warranty rights; arbitrators; qualifications....................................................................HB 418 Wildlife management areas; handicapped persons operate all-terrain vehicles ..........................................................................................................HB 635
MOTORCYCLES Certain violations; proof of financial responsibility.......................................................SB 579 "Motorcycle Awareness and You Month"; recognize May, 1994................................HR 771 Staggered registration; amend provisions.......................................................................HB 514
MOUNT ZION BAPTIST CHURCH BUILDING OF ALBANY, GEORGIA; recognize................................................................................HR 1190
MOUNT ZION, CITY OF; mayor and council; terms................................................HB 1975
MOUNTAIN PARK ELEMENTARY SCHOOL; commend ................................HR 1102
MOVIES Conversion of rented entertainment equipment or media; define offense ..............HB 1397

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MOVIES (Continued) Crime committed by inmate while incarcerated; reenactment proceeds; disbursement................................................................................................HB 1257 Evidence; photographs, movies, videos, recordings; admissibility ...............................SB 412
MULLINS, DR. JIM; commend....................................................................................HR 1089
MULTI-HOUSING OUTREACH MINISTRY Commend management and staff of Evans Mill Place apartment community........HR 932 Commend management and staff of Evans Mill Place apartment community........HR 969
MUNDY, GENERAL CARL E.; invite to House ........................................................HR 898
MUNDY'S MILL MIDDLE SCHOOL; commend.....................................................HR 679
MUNICIPALITIES (Also, see Local Government or Named Municipality) Ad valorem tax; exempt certain low-income housing - CA..........................................SR 407 Ad valorem tax; exempt certain low-income housing renovation - CA......................HR 775 Ad valorem tax; exempt property used for economic development - CA..................HR 132 Ad valorem tax; installment payments .........................................................................HB 1581 Ad valorem tax; separate class for redevelopment - CA..............................................HR 663 Airport Development Authority; construction; approval............................................HB 1707 Airport Development Authority; urge location of next major airport be central to Macon, Albany, and Columbus ...............................................HR 909 Alcoholic beverages; regulatory power of state; delegation to counties and municipalities for regulation of nude dancing - CA.....................HR 709 Alcoholic beverages; sales by coliseum authorities........................................................HB 131 Alcoholic beverages; Sunday sales during certain hours; consumption on premises; coliseum authorities..........................................................SB 314 Attorney representing local government; service as part-time judge..........................SB 120 Boards of education; certain actions; majority vote....................................................HB 1516 Boards of education; certain business transactions; repeal provisions.....................HB 1839 Boards of education; designated depositories.................................................................SB 537 Boards of education; per diem........................................................................................HB 1353 Boards of education; per diem; certain local salary supplements; limit decreases...............................................................................................................HB 1177 Boards of education; per diem; medical and dental insurance ....................................SB 473 Cable television; multiple receivers; provisions............................................................HB 1579 Certain property in adjoining county; prohibit purchase.............................................HB 715 Certain property in adjoining county; prohibit purchase..............................................SB 668 Civil Rights Act of 1994 - CA.........................................................................................HR 1174 Code of Georgia; classification by population; repeal provisions.................................SB 645 Community Affairs, Department of; contracts with college consortiums................HB 1523 Community Affairs, Department of; grants; condition...............................................HB 1392 Community Education Act; enact..................................................................................HB 1674 Constitutional amendments; contributions to influence voter approval or rejection..........................................................................................HB 1199 Contracts; lowest bid........................................................................................................HB 1720 Council of Municipal Court Judges; create; county law libraries; collections......................................................................................................HB 1459 County attorney serving as municipal court judge; prohibitions ................................HB 345 Deannexation; provide method.......................................................................................HB 1544 Debt incurred through certificate of participation; prohibit - CA..............................HR 290 Development authorities; county projects in municipalities......................................!!!) 1143 Development impact fees; water or sewer service; amend provisions............................HB 1 Dogs and cats for adoption; sterilization by animal shelter......................................HB 1181 Downtown development authorities; directors; terms.................................................HB 1179 Educational reform programs; comprehensive evaluation..........................................HB 2047

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MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Education; capital outlay; school closures; opposition petitions ...............................HB 1314 Education; certain funding; minimum requirements.....................................................SB 529 Education; criminal law; course of study ......................................................................HB 1345 Education; local boards; required vote; certain personnel; criminal record checks; textbooks, library books, media material...........................SB 526 Education; local fair share funds; limitation..................................................................HB 282 Education; media costs; prohibit certain expenditures...............................................HB 1950 Education; parenting skills instruction; grades 8-12.....................................................HB 532 Education; state board authority; define textbook......................................................HB 1702 Education; strategic planning; amend provisions........................................................HB 1325 Education; urge local boards adopt anti-litter pledge................................................HR 1036 Elections; amend provisions..............................................................................................HB 897 Elections; "None of the Above" selection on ballot; runoffs.......................................HB 739 Elections; poll workers; appointment............................................................................HB 1422 Elections; precincts; boundaries........................................................................................SB 497 Elections; purging voter registration lists.......................................................................HB 305 Elections; registrars; compensation................................................................................HB 1736 Elections; runoffs; date....................................................................................................HB 1204 Elections; use county registration system.......................................................................HB 608 Emergency "911" system; public authority to operate; local governments create..............................................................................................HB 1024 Eminent domain; condemnation award; set off by tax liens .......................................HB 989 Enterprise zones; certain tax treatment; General Assembly provide by law - CA.....................................................................................HR 240 Enterprise zones; certain tax treatment; General Assembly provide by law - CA......................................................................................SR 206 Enterprise zones; class; General Assembly provide by local law.................................HB 434 Enterprise zones; class; General Assembly provide by local law .................................SB 166 Erosion and sedimentation; land-disturbing activity; amend provisions....................SB 608 Erosion and sedimentation; land-disturbing activity; deny permit under certain conditions.......................................................................HB 1605 Erosion and sedimentation; land-disturbing activity; injury to property of another........................................................................................HB 566 Excise tax; lottery ticket sales............................................................................................HB 56 Expenditures and tax increases; General Assembly limit by law - CA......................HR 874 Fair rent commission; create...............................................................................................HB 98 Familial or spousal relationships; certain prohibitions...............................................HB 1511 Federal community development block grants; expenditure of funds........................SB 570 Financial audits; expenditure level................................................................................HB 1415 Fines and forfeitures; certain traffic offenses; administrative fee............................HB 1162 Governmental entities; millage rate; advertisement; hearing ......................................HB 554 Highways; maximum speed limits; construction sites....................................................SB 487 Homestead exemptions; local laws for proposing or increasing; procedures..................................................................................................HB 1646 Honeybee production; regulation...................................................................................HB 1861 Hotel and motel tax; aviation museum; bicycle or pedestrian trails within historic districts......................................................................................HB 1241 Hotel and motel tax; pedestrian walks and trails .........................................................HB 208 Housing authorities; commissioners and resident commissioners...............................HB 238 Housing authorities; elected official serve as commissioner......................................HB 1180 Incurring certain debt without referendum; prohibit - CA..........................................SR 385 Insurance premium taxes; distribution; clarify term ..................................................HB 1763 Island property; removal from certain industrial area - CA.........................................SR 509 Joint Committee on State and Local Bonded Indebtedness; create.............................SR 37 Joint county and municipal sales tax; certificates for distribution of proceeds.........................................................................................HB 1489

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MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Jurors; qualifications...........................................................................................................SB 438 Jury lists; composition; amend provisions.......................................................................SB 193 Juvenile law enforcement records; inspection by school officials................................SB 122 Law Enforcement Integrity Act of 1994; enact............................................................HB 1886 Law enforcement officers; transporting prisoners; provisions.....................................HB 150 Lobbyist disclosure; applicability to local officers and employees ...........................HB 1298 Local Government Unfunded Mandate Procedures Act; enact.................................HB 1416 Local Government Unfunded Mandate Procedures Act; enact ...................................SB 661 Local Tax Amnesty Program Act; enact.........................................................................HB 441 Minimum distance between boundaries; exception.......................................................HB 605 Motor fuel tax; special districts........................................................................................HB 186 Multiyear contracts; repeal; reenact................................................................................HB 330 Multiyear lease purchase contracts; prohibit...................................................................HB 44 Municipal charter commissions; provisions....................................................................HB 805 Municipal courts; consolidated governments; misdemeanor jurisdiction...................HB 926 Municipal courts; criminal trespass; jurisdiction.........................................................HB 1460 Municipal Employees Benefit; revenue bonds.............................................................HB 1792 Nonpartisan elections for consolidated governments; provisions..............................HB 1215 Nude and seminude dancing; local governments regulate.........................................HB 1635 Nude dancing establishments; urge local governments to enact regulatory measures......................................................................................................HR 1148 Nude dancing; regulation; General Assembly authorize by law - CA ........................HR 178 Occupation tax levy; clarification...................................................................................HB 1613 Officers; certain terms of office; expiration date.........................................................HB 1192 Open meetings; repeal certain penalty provisions.........................................................HB 903 Open records law; applicability to public records.......................................................HB 1313 Peace officers and communications officers; training and certification............................................................................................................HB 1389 Polygraph examiners; public employees; repeal exemption.........................................HB 631 Prisons; female inmates; adequate supervision............................................................HB 1528 Probation officers; collection of delinquencies................................................................SB 498 Programs mandated locally by state; funding - CA........................................................HR 10 Programs mandated locally by state; 90 percent state funding - CA........................HR 262 Programs mandated locally by state; 90 percent state funding - CA........................HR 659 Programs mandated locally by state; urge General Assembly provide state funds.......................................................................................HR 261 Property tax amnesty program; provisions; conservation use property; certain transfers..............................................................................................SB 506 Property tax; millage rate; limitation - CA....................................................................HR 843 Proposed local bills; notice of intention; copy to governing authority .......................SB 607 Public school buildings; plans; professional responsibility........................................HB 1724 Referendum provisions ......................................................................................................HB 262 Regional development centers; ratify certain transfers................................................HR 360 Regional facilities development; counties and municipalities share ad valorem tax proceeds - CA.............................................................................SR 203 Retirement funds; investments.........................................................................................HB 278 Retirement systems; certain assets; investment...........................................................HB 1520 School boards; certain meditation procedures; adopt policy.......................................HB 582
Schools; certain disciplinary sanctions; local boards impose.....................................HB 2051
Schools; comprehensive evaluation; high-achieving exemption; psychology services; local fair share funds ..................................................................SB 436
Schools; migrant student grants........................................................................................SB 647
Schools; migrant student grants; personnel certification; Blind Persons' Literacy Rights and Education Act; enact......................................HB 492
School systems; educational enrichment tax; authorize - CA......................................HR 116

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2939

MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) School systems; equal athletic opportunities .................................................................HB 829 School systems; multiyear lease purchase contracts; real property prohibition...............................................................................................HB 233 School systems; multiyear lease purchase contracts; prohibit.......................................HB 45 Shoplifting; value of property; municipal court...........................................................HB 1456 Social services; community action agencies..................................................................HB 1725 Solid waste disposal facility; increase surcharge..........................................................HB 1717 Solid waste disposal site; approval of electors...............................................................HB 560 Solid waste facilities; permits; approval by referendum.............................................HB 1722 Sovereign immunity; limited waivers; liability.............................................................HB 2061 Speed detection devices; eliminate certain restriction...................................................SB 116 Speed detection devices; restrictions; exemption; certain counties............................HB 199 Speed detection devices; warning signs; distance..........................................................HB 128 State or local bonded indebtedness; private legal counsel; selection by competitive bidding...................................................................HB 740 Taxes on insurers; population determination .................................................................SB 564 Tax sales; political subdivisions purchasing property; amount...................................HB 565 Teachers Retirement; certain public school employees; employer contributions................................................................................................HB 1589 Textbooks and library books; property of local administration...................................SB 484 Traffic cases; municipal court provisions; delete applicability to Atlanta City Court............................................................................HB 1872 Unpaid parking fines; nonissuance of registration and license plates........................HB 185 Vehicle stopping on road; exception to prohibition; municipal solid waste transport......................................................................................................HB 879 Waste management; municipal solid waste reduction; exemption..............................HB 433 Waste management; yard trimmings; disposal...............................................................HB 624 Water, gas, sewerage service, or electricity to residential property; prior occupant's unpaid charges; limited liens.........................................HB 862 Zoning hearings; notification.............................................................................................HB 235
MURDER Assisted suicide; prohibit...................................................................................................HB 415 Assisted suicide; prohibit...................................................................................................HB 464 Contributing to delinquency of minor; commission of violent crimes; penalties ................................................................................................HB 533 Dangerous practices; machine gun or firearm with silencer; penalties......................HB 652 Prohibit parole - CA ..........................................................................................................HR 671
MURRAY COUNTY Family Circle Authority; create.........................................................................................SB 588 Family support centers.......................................................................................................SB 636 Hospital authority; vacancies..........................................................................................HB 1805
MURRAY COUNTY HIGH SCHOOL 1994 STATE WRESTLING CHAMPIONS; commend.................................................................HR 1128
MUSCOGEE COUNTY Board of education; rate of tax levy..............................................................................HB 1920 County-wide government; mayor and council..............................................................HB 1807 School district; libraries.....................................................................................................HB 998 State court judges; compensation .....................................................................................SB 708
MUSE, KENNETH RAY; commend............................................................................HR 1129
MUSIC Conversion of rented entertainment equipment or media; define offense..............HB 1397

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MUSIC (Continued) Music Hall of Fame Authority; subsidiary corporations...............................................SB 525 Ticket sales; prohibit scalping; specify service charges on advertisements .........................................................................................................HB 1225 Ticket scalping; prohibit..................................................................................................HB 1285
MUSTANG 1992 ALL-STARS; invite to House........................................................HR 364
MYKKELTVEDT, ROALD Y., PH.D.; commend ....................................................HR 1052

N
NASTOPOULOS BROTHERS; commend .................................................................HR 1197
NATIONAL GUARD Assistance in drug enforcement and delivery of medical care; youth opportunities training program.......................................................................HB 1684 Call to active duty for non-emergency ..........................................................................HB 1600 Special license plates; National Guard and reservists; retirement ..............................SB 528 Special license plates; retired members ........................................................................HB 1221 Special license plates; retired reservists........................................................................HB 1065 State Defense Force; amend provisions ..........................................................................HB 969 State Defense Force; amend provisions ...........................................................................SB 368
NATIONAL HEALTH UNIT COORDINATORS DAY Recognize August 23 ........................................................................................................HR 1014
NATURAL RESOURCES (See Conservation and Natural Resources)
NELSON, FLOYD;commend.........................................................................................HR 1187
NEW LIFE PRESBYTERIAN CHURCH; recognize..............................................HR 1231
NEWTON COUNTY Certain officers; compensation .......................................................................................HB 1152 Homestead exemption; certain residents ......................................................................HB 1751 Water and sewerage authority; negotiable revenue bonds .........................................HB 1879 Water and sewerage authority; revenue bonds............................................................HB 1748
NONPROFIT CORPORATIONS Ad valorem tax; low-income housing renovation exemption - CA..............................HR 775 Bingo; limitation on prize amounts ...............................................................................HB 1532 Bingo; nonmember employment.....................................................................................HB 1182 Charitable solicitations; other than face to face; requirements....................................SB 582 Liability insurance; nonprofit agencies; contracts with Children and Youth Department ......................................................................HB 1627 Music Hall of Fame Authority; subsidiary corporations...............................................SB 525 Nonperpetual care cemeteries; exempt from registration ............................................HB 641 Raffles by nonprofit organizations; provisions - CA.....................................................HR 133 Raffles by nonprofit organizations; provisions - CA.....................................................HR 309 Raffles by nonprofit organizations; provisions - CA.....................................................HR 434 Raffles by nonprofit organizations; provisions - CA......................................................SR 107 Raffles; lawful but regulated - CA...................................................................................HR 888 Recreational bingo; definition; operation......................................................................HB 1183 Recreational bingo; operation by nonprofit organizations............................................SB 439 Regional development centers; amend provisions.......................................................HB 1482
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2941

NONPROFIT CORPORATIONS (Continued) Sales tax exemption; certain charitable fund-raisers..................................................HB 1582 Social services; community action agencies ..................................................................HB 1725 Sports Hall of Fame Board; statutes; applicability.....................................................HB 1936 Torts; volunteer architects and engineers; immunity .................................................HB 1310
NONRESIDENTS Building code violation; service of process ...................................................................HB 1820 Certain motor vehicle sales; repeal sales tax exemption ..............................................HB 219 Criminal procedure; property bond ...............................................................................HB 1432 Jurisdiction; child support or alimony modification.....................................................HB 576 Lottery prizes; taxable net income.................................................................................HB 1368 Motor vehicle registration; nonresident and visiting drivers; violation .......................HB 55 Real and personal property; sale; withholding tax......................................................HB 1480 Taxable income...................................................................................................................HB 803 Taxable net income; certain shareholder adjustments .................................................HB 220
NORTH GWINNETT HIGH SCHOOL; commend..................................................HR 1104
NORTHERN JUDICIAL CIRCUIT; add judge.........................................................HB 881
NORTHWEST WHITFIELD HIGH SCHOOL MOCK TRIAL TEAM; invite to House...................................................................................HR 1213
NOTARIES PUBLIC; performance bonds...................................................................HB 1319
NUISANCES; junkyards; regulation and control...........................................................HB 180
NURSES Clinical nurse specialist in psychiatric/mental health; provisions ...............................SB 312 Determination of death; coroners and deputies..............................................................SB 446 Education; service cancelable loans ...............................................................................HB 1103 Home health agencies; assessment for Indigent Care Trust Fund .............................HB 889 Lay Midwifery Act; enact..................................................................................................HB 904 Student Finance Authority; nursing students; scholarships ......................................HB 1665
NURSING HOMES Imposition of remedial measures; review......................................................................HB 1524 Long-term care facilities; resident abuse; failure to report........................................HB 1945 Medical assistance; long-term care patients; personal needs allowance .....................SB 552 Nonresuscitation candidates; amend provisions ..........................................................HB 1450 Nonresuscitation orders; amend provisions.....................................................................SB 580 Notification of impending survey; penalties....................................................................SB 563
NUTRITIONAL FREEDOM DAY; declare February 17, 1993 ...............................HR 272

o

OATHS OF OFFICE Irvin, Honorable Robert A..................................................................................................Page 5 Purcell, Honorable Benjamin H.........................................................................................Page 3
O'BRIEN, BRENDAN;commend....................................................................................HR 722
OBSTETRICIANS AND GYNECOLOGISTS Support designation as primary care providers.............................................................HR 890
OCCUPATIONAL LICENSE (See Business and Occupation Tax)
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OCILLA, CITY OF; ad valorem taxes; millage rate....................................................HB 1609
OCONEE COUNTY Board of elections and registration; create...................................................................HB 1264 County and judicial officers; compensation..................................................................HB 1957 Upper Oconee Basin Water Authority; create.............................................................HB 1514
ODYSSEY FAMILY COUNSELING CENTER; commend.................................HR 1007
OFF-ROAD VEHICLES; restrictions on operation....................................................HB 1292
OGEECHEE JUDICIAL CIRCUIT; add judge..........................................................HB 581
OGLETHORPE COUNTY; board of commissioners; monthly meetings................HB 1752
"OLD GEORGIA LAND"; designate official state poem ..............................................HB 91
OLD NATIONAL ATHLETIC ASSOCIATION YOUTH FOOTBALL PROGRAM; commend...........................................................................HR 778
OLIVER, HONORABLE CLINTON; commend.......................................................HR 1114
OLYMPICS Business licenses; exempt certain Olympic and Paralympic persons..........................SB 414 Clayton County Olympic Coordinating Committee; support; endorse bid for 1996 Women's Fast-Pitch Softball Event......................................................HR 149 Excise tax; certain food service establishments.............................................................HB 578 GA 96 AG Joint Steering Committee; create.................................................................HR 937 Georgia Ports Authority; convey property in Columbus..............................................HR 907 Hotels and motels; room rates during Olympics; prohibitions..................................HB 1357 Law enforcement and security; commissioner of public safety .................................HB 1295 Metropolitan Atlanta Olympic Games Overview Committee; create ...........................HR 63 Olympic Challenge in schools; urge State Board of Education create.......................HR 303 Transportation Department; contract requirements; waiver of limitations.....................................................................................................HB 1522
OMAHA, CITY OF; abolish............................................................................................HB 1446
1000 LAWYERS FOR JUSTICE PROJECT; commend ........................................HR 820
OPTOMETRISTS Amend provisions.............................................................................................................HB 1666 Certain pharmaceutical agents; provisions for use; nondiagnostic lasers; prohibit use...........................................................................................................SB 199
OWEN, SANDRA N.; commend.....................................................................................HR 1115

PAFFORD, HONORABLE ROBERT C. "BOBBY"; commend..........................HR 1134
PARDONS AND PAROLES Board; election; chairman's appointment - CA..............................................................HR 765 Certain convictions; prohibit parole - CA.......................................................................HR 671 Certain sex offenders; notify officials of address.........................................................HB 1229 Crime committed by inmate while incarcerated; reenactment proceeds; disbursement................................................................................................HB 1257 Death sentence commuted to life; prohibit parole - CA................................................HR 93
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2943

PARDONS AND PAROLES (Continued) Drug trafficking; parole; General Assembly prohibit by law - CA.............................HR 748 Escape and escape with dangerous weapon; penalties................................................HB 1403 Firearms; possession at school functions; exemption from prohibition ......................SB 568 Forcible felony; third conviction; life without parole - CA..........................................HR 666 Joint Study Committee for the State Board of Pardons and Paroles; create.........................................................................................................HR 710 Open meetings; Board; inspection of votes .......................................................................SB 64 Prisons; residence of sex offenders; notification upon release...................................HB 1573 Probationer arrest; powers of parole officers...............................................................HB 1317 Sentence Reform Act of 1994; enact ................................................................................SB 441 Sentencing judge accept or reject - CA.........................................................................HR 1009 Trafficking; penalties; prohibitions................................................................................HB 1441 Violent crimes; mandatory minimum sentences; certain persons; life without parole - CA..................................................................................................SR 395
PARENT AND CHILD Adopted child; grandparent's intervention rights........................................................HB 1835 Adoption; certain relatives; notification........................................................................HB 1406 Adoption rights; adopted child and adoptive parents................................................HB 1640 Aid to dependent children; recovery; action by Department of Human Resources..............................................................................HB 1848 Child abuse evidence; report to district attorney..........................................................HB 530 Child abuse protocol; adoption by judicial circuit committee......................................SB 492 Child abuse; victim advocates report............................................................................HB 1873 Child custody; amend provisions......................................................................................HB 575 Child custody; death of custodial parent; child 14 years or older..............................HB 483 Child custody proceedings; allegations of abuse; investigations................................HB 1465 Child custody; temporary award; court authorization....................................................HB 10 Child support award; computation..................................................................................HB 577 Child support; award guidelines; completely revise....................................................HB 1356 Child support; certain employers; report hiring and rehiring of certain employees..........................................................................................HB 89 Child support; certain unemployed parents; job training............................................HB 455 Child support; certain unemployment; job training......................................................HB 579 Child support; computation guidelines; special circumstances..................................HB 1301 Child support; health insurance; Joint Study Committee on Child Support; issuance of certain licenses; insurance regulation........................HB 1515 Child support; net income.................................................................................................HB 642 Child support; noncompliance; limit driver's license issuance..................................HB 1925 Child support; noncompliance; limit issuance of certain licenses................................SB 411 Children and youth; placement; private family attention home..................................SB 548 Civil actions; limitation; childhood sexual abuse...........................................................HB 236 Counties; Parents' Committee; provisions....................................................................HB 1062 Domestic relations action; definition; court order.........................................................HB 679 Domestic relations; certain actions; seminar.....................................................................SB 63 Domestic violence intervention program; participation..............................................HB 1877 Education; Individual Education Program; parental access........................................HB 999 Education; parenting skills instruction; grades 8-12.....................................................HB 532 Establishment of paternity ................................................................................................SB 555 Failure to prevent delinquency of minor; define offense...........................................HB 1284 Family-planning services; availability; every business day........................................HB 1735 Family violence; arrest of perpetrator; victim's wishes ................................................HB 534 Grandparents; visitation rights; amend provisions......................................................HB 1425 Grandparents; visitation rights; ex-affines grandparents.............................................HB 573 House Study Committee on the Adoption of the Uniform Interstate Family Support Act; create ........................................................................HR 889 Juvenile proceedings; amend provisions .........................................................................HB 531

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PARENT AND CHILD (Continued) Juvenile proceedings; certain unruly child.....................................................................HB 141 Juvenile proceedings; deprived child; legal custody....................................................HB 1087 Lay Midwifery Act; enact..................................................................................................HB 904 Name change of minor; parents' consent; when not required......................................SB 433 Nonresident jurisdiction; child support or alimony modification...............................HB 576 Parental rights; certain termination..............................................................................HB 1492 Paternity determination; genetic testing; child support................................................SB 148 Peace officers; training; include crimes against children ..............................................SB 494 Planned Parenthood; urge Department of Human Resources discontinue contract.....................................................................................................HR 1011 Potential adoptive or foster parents; training program; payment ............................HB 1620 State Children's Trust Fund and State Children's Trust Fund Commission; disbursements; repeal date...........................................................SB 493 Vital records; spontaneous fetal deaths; reporting provisions.....................................HB 842
PARKS, HISTORIC AREAS AND COMMEMORATIONS Agrirama; designate as "Georgia's Living History Museum"......................................HB 890 American Indian tribes; change listing..........................................................................HB 1244 Certain parks and recreation lands; development; urge Congress appropriate funds..........................................................................................HR 310 Certain parks and recreation lands; development; urge Congress appropriate funds ..........................................................................................HR 436 Environmental Equity and Justice Commission; create.............................................HB 1758 Fishing in public fishing area; fee..................................................................................HB 1125 Georgia Civil War Commission; create............................................................................HB 997 Georgia Civil War Resources Commission; create.........................................................HR 403 Georgia Historic Preservation Study Commission; create ...........................................HR 441 Jekyll Island--State Park Authority; ad valorem tax exemption; leasehold interest......................................................................................HB 1461 Jekyll Island--State Park Authority; limit fee increases.............................................HB 518 Jekyll Island--State Park Authority; membership.......................................................HB 517 Jekyll Island--State Park Authority; restrict certain activities..................................HB 519 Monuments Protection Act; enact ...................................................................................HB 553 Music Hall of Fame Authority; subsidiary corporations ...............................................SB 525 Nonperpetual care cemeteries; exempt from registration............................................HB 641 Prehistoric sites, burial grounds, ruins; archeological research; Council on American Indian Concerns; create............................................HB 67 State parks; certain facilities and services; taxation .....................................................HB 954 Unclaimed historic property; disposition; provisions....................................................HB 329 Wildlife management areas; handicapped persons operate all-terrain vehicles..........................................................................................................HB 635
PARRIS, JASON; commend .............................................................................................HR 692
PAULDING COUNTY; motor vehicles; designated registration periods ...............HB 1348
PAWNBROKERS; motor vehicle sales at auction; license...........................................HB 943
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACH COUNTY; homestead exemption; certain residents.....................................HB 1563
PEACHTREE CITY, CITY OF; corporate limits........................................................HB 747
PEARSON ELEMENTARY SCHOOL Fourth grade students of Mr. Broughton Bennett; commend.....................................HR 857
PEARSON, MS. CHARLIE MAE LITTLEJOHN; condolences .........................HR 1017

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"PEDESTRIAN SAFETY WEEK" IN GEORGIA Third week in October; encourage public schools to recognize...................................HR 739
PENAL INSTITUTIONS Carlton H. Colwell Probation Detention Center; designate.........................................HR 863 Corrections Department; notify victim of offender's death, release, or escape................................................................................................HB 211 County jails; place of confinement; convicted felon....................................................HB 1784 Death sentence commuted to life; prohibit parole - CA................................................HR 93 Escape and escape with dangerous weapon; penalties................................................HB 1403 Female inmates; adequate supervision..........................................................................HB 1528 Firearms; posession at school functions; exemption from prohibition........................SB 568 Forcible felony; third conviction; life without parole - CA..........................................HR 666 Hart County Probation Detention Center; urge renaming as "Bobby Joe Whitworth Probation Detention Center" ........................................HR 438 Institutional stores; use of profits....................................................................................HB 380 Jails; certain inmates; good-time allowances...................................................................SB 449 Joint Study Committee for the State Board of Pardons and Paroles; create.........................................................................................................HR 710 Law enforcement officers; communicable diseases; threat of transmission....................................................................................................HB 162 Municipal probation officers; collection of delinquencies.............................................SB 498 Pardon or parole; sentencing judge accept or reject - CA.........................................HR 1009 Pardons and Paroles Board; election; chairman's appointment - CA........................HR 765 Probation; community service; include service for aged and handicapped ...............HB 359 Probationer arrest; powers of parole officers...............................................................HB 1317 Probationers; certain sentence; county jail confinement..............................................HB 452 Probation; first offender status; court determination.................................................!!!) 1354 Residence of certain sex offenders; notification upon parole....................................HB 1229 Residence of sex offenders; notification upon release.................................................HB 1573 Robert Lee Patten II Probation Boot Camp; designate.............................................HR 1026 Robert Lee Patten II Probation Detention Center; designate.....................................SR 561 Sentence Reform Act of 1994; enact ................................................................................SB 441 Sexual Offender Registration Act; enact.......................................................................HB 1934 Stalking and aggravated stalking; define offenses; conditions of probation....................................................................................................HB 37 State flag; required display; public buildings.................................................................HB 637
PENDERGRASS, CITY OF; new charter...................................................................HB 2028
PENSIONS (See Retirement and Pensions)
PEPPERS, ANNE S., CHARLES D. HAWKINS, JIMMIE L. PHILLIPS, AND WILLIAM L. THORNTON; commend ................................HR 1265
PERRY, CITY OF Perry-Fort Valley Airport Authority; amend provisions............................................HB 2027
PERRY, EMILY; commend.............................................................................................HR 1264
PERSONAL CARE HOMES Adult residential homes and assisted living facilities; regulate.................................HB 1930 Employee records checks; definition of crime................................................................HB 650 Licensing; long-term care ombudsman............................................................................HB 649 Remedies for Residents of Personal Care Homes Act; enact.......................................SB 651 Rename adult residential care home...............................................................................HB 848
PESTICIDES AND PEST CONTROL Business license; issuance; child support noncompliance..............................................SB 411 Structural pest control contracts; include Formosan termites ..................................HB 1655

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PETROLEUM PRODUCTS (See Gas, Gasoline and Gas Service)
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHILLIPS, JIMMIE L., ANNE S. PEPPERS, CHARLES D. HAWKINS, AND WILLIAM L. THORNTON; commend................................HR 1265
PHYSICIANS AND OSTEOPATHS Accident and sickness insurance; group plans; dermatologists .................................HB 1466 Anesthesiologists; schedule of charges.............................................................................HB 887 Biomedical waste thermal treatment technology facility; prohibit until 10/1/96.....................................................................................................HB 878 Candidates for nonresuscitation; amend provisions....................................................HB 1450 Certain professional solicitation; prohibit.....................................................................HB 1305 Chiropractors; scope of practice.......................................................................................HB 196 Health care; Patient Freedom of Choice Act; physician's right to participate .......................................................................................................HB 1769 Health Care Provider Act; enact....................................................................................HB 1825 Health Care Provider Act; enact.......................................................................................SB 673 Health care services; certain contracts; General Assembly authorize by general law - CA......................................................................................HR 943 Health care services; certain contracts; General Assembly authorize - CA..................................................................................................................SR 531 House Pain Management Study Committee; create.....................................................HR 729 Human Resources Board; membership; practice of medicine .....................................HB 166 Income tax credit; physicians practicing in rural counties........................................HB 1766 Informed consent; addictive medication.......................................................................HB 1350 Licensure; revise provisions.............................................................................................HB 2058 Liens; manner of perfecting............................................................................................HB 1828 Nonresuscitation orders; amend provisions.....................................................................SB 580 Obstetricians and gynecologists; support designation as primary care providers..............................................................................................HR 890 Patient referral for certain health care services; prohibitions.....................................HB 212 Patient self-referrals; definitions; additional services; exemption...............................SB 565 Physicians' assistants; duties and functions...................................................................HB 537 Podiatry Practice Act; substantial revision of provisions ............................................HB 408 Podiatry Practice Act; substantial revision of provisions ..........................................HB 1781 Psychiatrists and psychologists; privileged communications.......................................HB 194 Referrals for tests.............................................................................................................HB 1206 Sales tax; exempt certain assistive technology devices...............................................HB 1457 Speech-language pathologists and audiologists; licensing exemption.........................HB 381 Tattooing near eye; exemption from restrictions ........................................................HB 2053 Torts; certain resident physicians; immunity...............................................................HB 1892 Torts; volunteer physicians; team physicals.................................................................HB 1200 Workers' compensation; medical fees; limitation ........................................................HB 1433
PIERCE COUNTY Board of education; nonpartisan election........................................................................SB 598 Commissioner districts........................................................................................................SB 600 Education districts..............................................................................................................SB 599 Homestead exemption; certain residents.........................................................................SB 597 State court judge and solicitor; compensation................................................................SB 713
PITTS, STAFF SERGEANT ROBERT C. Ill; invite to House.............................HR 809
POLK COUNTY Education districts............................................................................................................HB 1409 Water authority; membership.........................................................................................HB 1887

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POLLARD, SENATOR G. B.; communication ..........................................................Page 222
POLYGRAPH EXAMINERS Public employees; repeal exemption................................................................................HB 631 Repeal provisions..............................................................................................................HB 1391
POOL, JOHN; commend ....................................................................................................HR 761
POOLE, JASON KRISTOPHER; commend................................................................HR 779
PORTER, RUTH TERRELL; commend.......................................................................HR 827
POST MORTEM EXAM ACT Death investigations; definitions; medical examiner; notification .................................SB 99
POSTSECONDARY EDUCATION Board of Regents; full-time employees; urge tuition remission..................................HR 388 Board of Regents; limit certain appropriations...........................................................HB 1149 Board of Regents; limitations upon appropriations - CA............................................HR 555 College students; tuition grants; provisions..................................................................HB 1418 Community Affairs; contracts with college consortiums............................................HB 1523 Crime-Free Schools Act; enact.......................................................................................HB 1701 Criminal proceedings; third-year law students as assistants.......................................HB 190 Distribution of sexual materials to minors; exception to prohibition......................HB 1897 Four-year college in Gordon County; board of Regents appoint committee to study need..................................................................................HR 60 Garnishment; exempt certain student loans...................................................................HB 417 Graduate programs in education; urge Board of Regents reexamine admission requirements..............................................................................HR 963 HOPE scholarship grants; extend to private colleges.................................................HB 1213 House Study Committee on combining Columbus Technical Institute and Columbus College; create....................................................................HR 1063 Kennesaw State College; urge Board of Regents expand graduate level programs in education..........................................................................HR 347 Postsecondary technical schools; oppose transfer of authority to Board of Regents....................................................................................HR 1176 Private schools; secondary credit for postsecondary courses........................................SB 515 Professional counseling; licensing exemption; community service boards..................SB 434 Professional counselors; licensing; amend provisions.....................................................SB 642 Proprietary schools; amend provisions............................................................................HB 929 Proprietary schools; exempt certain nonprofit colleges..............................................HB 1629 Proprietary schools; graduate placement requirements................................................HB 953 Proprietary schools; public records; exemption.............................................................HB 938 Schools adopt uniform grading system for certain eligibility....................................HB 1326 Student Finance Authority; nursing students; scholarships......................................HB 1665 Tuition equalization grants; approved school; definition...........................................HB 1185 Tuition equalization grants; approved school; definition...........................................HB 1574
POWDER SPRINGS, CITY OF Corporate limits...................................................................................................................SB 666 Tax commissioner; establish office...................................................................................SB 387
POWELL, CALETHA; commend ..................................................................................HR 1225
PRESCRIPTION DRUGS AND PHARMACISTS Accident and sickness insurance; certain anti-cancer drug therapy; coverage....................................................................................................SB 326 Certain license issuance; child support; noncompliance................................................SB 411 Controlled substances and dangerous drugs; amend listing ......................................HB 1217 Cost Containment and Health Care Integrity Act; enact..........................................HB 1700

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PRESCRIPTION DRUGS AND PHARMACISTS (Continued) Evidence; privileged medical information.......................................................................HB 510 Health care benefit plans; recommend prescription drug coverage............................HR 711 Health care reform; urge elimination of pharmaceutical pricing discrimination....................................................................................................HR 982 House Prescription Drug Assistance for Low Income Elderly and Disabled Persons Study Committee; create.........................................HR 793 Informed consent; addictive medication.......................................................................HB 1350 Medicaid; limitation on prescription drugs for senior citizens; urge study.............................................................................................HR 774 Medical assistance; certain medicare recipients; prescription drugs..........................HB 778 National Guard; assistance in drug enforcement and delivery of medical care; youth opportunities training program..........................................HB 1684 Optometrists; certain pharmaceutical agents; provisions for use; nondiagnostic lasers; prohibit use...................................................................SB 199 Patient self-referrals; definitions; additional services; exemption...............................SB 565 Prescription drug reimbursement; certain disabled persons and elderly.................HB 1555 Sentence Reform Act of 1994; enact ................................................................................SB 441
PRIMARIES (See Elections)
PRINCIPAL AND AGENT Commerce and trade; rights of creditor and surety; notice .......................................HB 1632 Foreign limited liability partnership; provisions.........................................................HB 1813
PRINTING AND DOCUMENTS Code of Fair Campaign Practices; provisions.................................................................HB 469 State agencies; stationery include telephone numbers ...................................................HB 82
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESS Certain professional solicitation; prohibit.....................................................................HB 1305 Licensure requirements....................................................................................................HB 1493 Motor vehicle registration records; inspection by private detectives.........................HB 726 Private security guard; arrest powers...............................................................................SB 287
PRIVATE GEORGE W. LEE, JR., MEMORIAL BRIDGE; designate...............HR 925
PROBATE COURTS Certain judicial and county officials; legal counsel.....................................................HB 1122 Commission to Study Family Courts; create..................................................................HR 848 Fees; guardians; estates....................................................................................................HB 1281 Foreign wills probated in another state; recording in Georgia....................................HB 361 Guardians of minors; appointment by probate court judge .........................................SB 538 Judges; eligibility; certain counties................................................................................HB 1754 Judges; minimum salaries................................................................................................HB 1710 Judges of the Probate Courts Retirement; certain membership...............................HB 1091 Judges of the Probate Courts Retirement; cost-of-living benefit .............................HB 1166 Judges of the Probate Courts Retirement; cost-of-living increase............................HB 1683 Judges of the Probate Courts Retirement; retire at age 55.......................................HB 1090 Jurisdiction; certain boat safety violations.....................................................................HB 710 Jurisdiction; certain boat safety violations......................................................................SB 448 Jurisdiction; certain marijuana violations........................................................................SB 576 Jurisdiction; violations of wildlife laws.............................................................................HB 46 Marriage license issuance; satellite courthouses; population provisions...................................................................................................HB 1671 Marriage licenses; additional fee; family violence centers..........................................HB 1680 Misdemeanor jurisdiction; guilty plea.............................................................................HB 559

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2949

PROBATE COURTS (Continued) Satellite courthouses; population provisions................................................................HB 1670 Service of guardian for minor or incapacitated adult.....................................................HB 71
PROBATION Anti-motor Vehicle Hijacking Act of 1994; enact........................................................HB 1080 Anti-motor Vehicle Hijacking Act of 1994; enact...........................................................SB 288 Community service; include service for aged and handicapped..................................HB 359 Employees' Retirement; certain county probation and intake employees; transfer credit.............................................................................................HB 671 Firearms; certain possession; exemptions from prohibition.......................................HB 1209 First offender status; court determination ...................................................................HB 1354 Hart County Probation Detention Center; urge renaming as "Bobby Joe Whitworth Probation Detention Center"........................................HR 438 Juvenile delinquents; special alternative incarceration-- probation boot camps; provisions .................................................................................SB 150 Municipal probation officers; collection of delinquencies.............................................SB 498 Peace officers; include certain county probation employees ........................................SB 409 Probationer arrest; powers of parole officers...............................................................HB 1317 Probationers; certain sentence; county jail confinement..............................................HB 452 Robert Lee Patten II Probation Boot Camp; designate.............................................HR 1026 Robert Lee Patten II Probation Detention Center; designate.....................................SR 561 Sexual Offender Registration Act; enact.......................................................................HB 1934
PROFESSIONS AND BUSINESSES Accident and sickness insurance; group plans; dermatologists.................................HB 1466 Addiction counselors; scope of practice; exemption from licensure .........................HB 1330 Anesthesiologists; schedule of charges.............................................................................HB 887 Applicant for licensure; certain preference...................................................................HB 1442 Asbestos Licensing Board; training requirement; certification ....................................SB 135 Auctioneers; exception to provisions .............................................................................HB 1878 Barbershops; licensing provision; apprentices..............................................................HB 1114 Business licenses; exempt certain Olympic and Paralympic persons..........................SB 414 Charitable fund; paid solicitor; certified financial statement......................................HB 240 Charitable solicitations; law enforcement related organizations..................................SB 611 Charitable solicitations; other than face to face; requirements....................................SB 582 Child support; noncompliance; limit issuance of certain licenses.............................HB 1515 Child support; noncompliance; limit issuance of certain licenses................................SB 411 Chiropractors; scope of practice.......................................................................................HB 196 Clinical laboratories; examination of human specimens; request by chiropractors................................................................................................HB 247 Coin operated amusement machines; license and permit fees; repeal certain repealer ...................................................................................................HB 800 Coin operated amusement machines; license fee...........................................................HB 788 Coin operated amusement machines; licensing; exemption.........................................HB 263 Coin operated amusement machines; master license fees..........................................HB 1630 Commission on the Certification of Automobile Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops; create.............................SR 93 Construction contractors; compliance bonds...................................................................SB 499 Construction Industry Licensing Board; amend provisions.......................................HB 1468 Cosmetologists; continuing education; certification......................................................HB 506 Cosmetology; natural hair care specialists; regulate......................................................HB 801 Denturitry; regulate practice...........................................................................................HB 1150 Dietitians Licensing Law; provisions..................................................................................SB 20 Dry Cleaning No-Fault Cleanup Trust Fund; create..................................................HB 1814 Electrical contractors; low-voltage and utility contracting..........................................HB 967 Electrical, plumbing, or conditioned air contracting; grandfathering........................HB 952

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2950

INDEX

PROFESSIONS AND BUSINESSES (Continued) Fire protection sprinkler contractors; licensure...........................................................HB 2057 Funeral directors and embalmers; licensure; continuing education..........................HB 1918 General contractors; licensing.........................................................................................HB 1239 General contractors; licensure.........................................................................................HB 1224 Hearing aid dealers and dispensers; continuing education........................................HB 1860 Home health agencies; assessment for Indigent Care Trust Fund .............................HB 889 Hotels and motels; post certain notice in guest rooms...............................................HB 1157 Hotels and motels; room rates during Olympics; prohibitions..................................HB 1357 Innkeepers; assigned rooms; provisions............................................................................SB 536 Innkeepers; define guest; amend provisions.................................................................HB 1097 Insurance; agent licensure; certain private contractors..............................................HB 1824 Interior designers; registration certificate; waiver of requirements..........................HB 1637 Irrigation contractors; licensing........................................................................................HB 516 Land Surveyors, State Board of; create........................................................................HB 1135 Lottery retailers; qualifications......................................................................................HB 1379 Master plumbers and journeyman plumbers; license renewal; continuing education....................................................................................HB 1690 Mobile barbershops; regulate............................................................................................HB 354 Mortgage lenders and mortgage brokers; amend provisions......................................HB 1636 Mortgage lenders and mortgage brokers; licensing provisions .....................................SB 106 Motor vehicle registration records; inspection by private detectives .........................HB 726 Noncompetition by Government Act; enact.................................................................HB 1922 Nursing homes; imposition of remedial measures; review..........................................HB 1524 Occupation tax; levy by counties and municipalities; clarification...........................HB 1613 Optometrists; amend provisions.....................................................................................HB 1666 Optometrists; nondiagnostic lasers; prohibit use; certain pharmaceutical agents; provisions for use...................................................................SB 199 Patient self-referrals; definitions; additional services; exemption ...............................SB 565 Personal care homes; employee records checks; definition of crime..........................HB 650 Personal care homes; licensing; long-term care ombudsman.......................................HB 649 Physicians' assistants; duties and functions...................................................................HB 537 Physicians; licensure; revise provisions.........................................................................HB 2058 Physicians; liens; manner of perfecting.........................................................................HB 1828 Physicians; patient referral for certain health care services; prohibitions......................................................................................................HB 212 Physicians; referrals for tests..........................................................................................HB 1206 Podiatry Practice Act; substantial revision of provisions ............................................HB 408 Podiatry Practice Act; substantial revision of provisions ..........................................HB 1781 Polygraph examiners; public employees; repeal exemption.........................................HB 631 Polygraph examiners; repeal provisions........................................................................HB 1391 Private detective or private security business; licensure requirements.................................................................................................HB 1493 Private security guard; arrest powers...............................................................................SB 287 Professional counseling; licensing exemption; community service boards..................SB 434 Professional counselors; licensing; amend provisions.....................................................SB 642
Propane dealers; exempt from certain regulations; conditioned air contractor or plumber; bond provisions...........................................SB 669
Psychologists and psychiatrists; privileged communications.......................................HB 194 Psychologists; licensing; amend provisions......................................................................SB 512 Psychology; redefine practice............................................................................................HB 525 Public school buildings; plans; professional responsibility ........................................HB 1724
Real estate appraisers; temporary permits; penalties.................................................HB 1226
Real estate brokers and salespersons; licensure; amend provisions..........................HB 1227
Seller or dealer; prohibit doing business without certificate.......................................HB 288
Speech-language pathologists and audiologists; licensing exemption.........................HB 381
Storage of fireworks; regulation........................................................................................HB 286

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2951

PROFESSIONS AND BUSINESSES (Continued) Structural pest control contracts; include Formosan termites..................................HB 1655 Structural pest control; licensing; liability insurance requirement...........................HB 1341 Testimony; medical reports; admissibility....................................................................HB 1501 Torts; volunteer physicians; team physical...................................................................HB 1200 Used cars; dealers and salvage dealers; combine state boards..................................HB 1390 Utility contractors; amend provisions; construction Industry Licensing Board; membership ....................................................................................HB 1596 Utility contractors; licensing..............................................................................................SB 425 Utility contractors; licensing; amend provisions..........................................................HB 1193 Water and wastewater treatment plant operators; certification; classification; reciprocity .............................................................................................HB 1536 Water closets for females; urge increase in minimum number...................................HR 705
PROPERTY Abandoned motor vehicles; lien foreclosure affidavit; filing fee.................................HB 321 Action for trespass or damage to realty; hazardous material......................................HB 599 Ad valorem tax; advertisement of certain increases........................................................HB 65 Ad valorem tax; appeal of final assessment; public utilities......................................HB 1245 Ad valorem tax; assessment; amend appeal provisions .................................................SB 296 Ad valorem tax; assessment appeal; arbitration as alternate method......................HB 1504 Ad valorem tax; assessment appeal; temporary tax bill.............................................HB 1207 Ad valorem tax; assessment; change provisions regarding protest.............................HB 266 Ad valorem tax; assessment increase or decrease; notice.............................................HB 315 Ad valorem tax; certain reports; amend provisions.......................................................HB 221 Ad valorem tax; conservation use property; covenants..............................................HB 1761 Ad valorem tax; conservation use property; current use assessment...........................HB 60 Ad valorem tax; conservation use property; limited-duration covenants................HB 1760 Ad valorem tax; conservation use property; transfers ................................................HB 1246
Ad valorem tax; enterprise zones; certain tax treatment; General Assembly provide by law - CA......................................................................HR 240
Ad valorem tax; enterprise zones; certain tax treatment; General Assembly provide by law - CA.......................................................................SR 206
Ad valorem tax; enterprise zones; class; General Assembly provide by local law........................................................................................................HB 434
Ad valorem tax; enterprise zones; class; General Assembly provide by local law ........................................................................................................SB 166
Ad valorem tax; exempt certain property of veterans organizations........................HB 1297 Ad valorem tax; exempt certain veterans organizations; referendum......................HB 1170 Ad valorem tax; fair market value; current use property; timber ..............................HB 906 Ad valorem tax; fair market value of property; define.................................................HB 175
Ad valorem tax; homestead exemption application date; prohibit certain appraisers from serving on board of tax assessors ........................SB 472
Ad valorem tax; homestead exemption; waiver..............................................................HB 835 Ad valorem tax; increase state levy - CA........................................................................HR 243 Ad valorem tax; intangible property; computer software.............................................HB 398
Ad valorem tax; intangible property; confidentiality of digest; exception..............................................................................................................HB 267
Ad valorem tax; limitation on increases - CA................................................................HR 728 Ad valorem tax; local government exempt property
used for economic development - CA..........................................................................HR 132 Ad valorem tax; millage rates; amend provisions........................................................HB 1251 Ad valorem tax; mobile homes; classification ..............................................................HB 1140 Ad valorem tax; payment by credit card........................................................................HB 513 Ad valorem tax; recreational personal property; taxable situs....................................HB 478 Ad valorem tax; refunds; selling price less than assessed value..................................HB 616 Ad valorem tax; state levy; repeal certain provisions.................................................HB 1412 Ad valorem tax; unpaid taxes; final settlement period................................................HB 567

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INDEX

PROPERTY (Continued) Ad valorem tax; valuations established by appeal; subsequent years ......................HB 1196 American Indian tribes; change listing..........................................................................HB 1244 American Indian tribes; recognition; create housing authorities .................................SB 618 American Indians; protection of burial objects; recognize tribes................................HB 725 American Indians; transfer certain functions to commissioner of natural resources.............................................................................HB 1718 Anatomical Gift Act; representative ad litem; provisions..........................................HB 1075 Appraisers; certain service as tax assessor; prohibit ...................................................HB 1693 Auctioneers; exception to provisions .............................................................................HB 1878 Bankruptcy; exempt individual retirement accounts..................................................HB 1830 Blasting on property adjacent to residential property; quarries.................................HB 973 Boards of equalization; appeals decisions; written reasons..........................................HB 328 Boards of equalization; assessments; appeals...............................................................HB 1436 Cemeteries; preneed registration; plat of property......................................................HB 1396 Certain parks and recreation lands; development; urge Congress appropriate funds..................................................................................HR 310 Certain parks and recreation lands; development; urge Congress appropriate funds..................................................................................HR 436 Code of Georgia; interest; extensive revision of provisions........................................HB 1371 Condominiums; amend provisions....................................................................................HB 572 Condominiums; amend provisions; editorial correction..............................................HB 1981 Conservation use property; certain transfers...............................................................HB 1438 Conservation use property; environmentally sensitive area.......................................HB 1467 Conversion of certain rented or leased property.........................................................HB 1358 Conveyances; alienability of future interests................................................................HB 1420 Counties; prohibit purchase of certain property in adjoining county .........................SB 668 Covenants running with the land; antennae installation; amateur radio operators...............................................................................................HB 1134 Covenants running with the land; planned subdivision amendments......................HB 1112 Covenants running with the land; repeal certain search requirement .......................HB 974 Criminal procedure; property bond; nonresident........................................................HB 1432 Criminal trespass; posting notice...................................................................................HB 1220 Deed to secure debt; borrower's residence; prohibit...................................................HB 1771 Deed to secure debt; cancellation...................................................................................HB 1566 Deeds and mortgages; recordation; condominiums; amend provisions ....................HB 1567 Deeds; requirement for recordation...............................................................................HB 1821 Deeds to secure debt; sales of real property; advertisement.....................................HB 1770 Dispossessory proceedings; tenant at sufferance.........................................................HB 1394 Education; change funding from ad valorem tax to sales and use tax - CA...............................................................................................................HR 90 Eminent domain; condemnation award; set off by tax liens.......................................HB 989 Eminent domain; condemnation of property; compensation.....................................HB 1706 Eminent domain; Petroleum Pipeline Study Committee; create..............................HB 1726 Eminent domain; Petroleum Pipeline Study Committee; create.................................SB 626 Erosion and sedimentation; land-disturbing activities; amend provisions.............................................................................................................SB 608 Erosion and sedimentation; land-disturbing activities; deny permit under certain conditions.......................................................................HB 1605 Erosion and sedimentation; land-disturbing activities; injury to property of another........................................................................................HB 566 Fair access to insurance requirements; termination date..............................................SB 485
Fire Department Reimbursement Act; enact..................................................................SB 671
Foreclosures; form of summons......................................................................................HB 1312
Georgia Prompt Pay Act; enact........................................................................................HB 837
Highways; commercial driveway permit; fees.................................................................HB 546
Homestead exemption; certain excess assessed value; certain residents ....................SB 394

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2953

PROPERTY (Continued) Homestead exemption; urge study by Joint Study Commission on Revenue Structure....................................................................................................HR 422 Homestead exemptions; local laws for proposing or increasing; procedures..................................................................................................HB 1646 Hospital authorities; ad valorem tax...............................................................................HB 674 House Title Insurance Regulation Study Committee; create....................................HR 1175 Housing authorities; tenant management organizations; contract...............................SB 299 Hunting without landowner's permission; increase penalties....................................HB 1624 Income tax; severance of solid minerals........................................................................HB 1759 Innkeepers; define guest; amend provisions.................................................................HB 1097 Insurance; capital stock; additional surplus...................................................................HB 914 Insurance; motor vehicle and homeowner's policies; nonrenewal prohibitions ..............................................................................................HB 1689 Intangible personal property tax; repeal.......................................................................HB 1891 Intangible recording tax; certain counties; collection.................................................HB 1642 Island property; removal from certain industrial area - CA.........................................SR 509 Joint tenancy; sole means of severance; clarify ...........................................................HB 1364 Judgment liens; property possessed by purchaser for four years.................................HB 72 Junkyards; regulation and control...................................................................................HB 180 Kudzu; spreading from one property to another; penalty..........................................HB 1883 Land acquisition; certain metropolitan Atlanta sites; urge consideration ................................................................................................HR 467 Land Surveyors, State Board of; create........................................................................HB 1135 Landlord and tenant; dispossessory proceedings; property storage............................HB 375 Landlord and tenant; dispossessory proceedings; reports to Department of Family and Children Services.......................................................HB 723 Landlord and tenant; dispossessory proceedings; time periods...................................HB 407 Landlord and tenant; dispossessory proceedings; writ of possession .........................HB 337 Landlord and tenant; security deposits; interest.........................................................HB 2059 Landlord and tenant; tenant organizations..................................................................HB 1537 Liens on aircraft; labor, materials, contracts of indemnity........................................HB 1400 Littering; penalty; mandatory community service.......................................................HB 1621
Local governments; certain expenditures and certain tax increases; General Assembly limit by law - CA....................................................HR 89
Local governments; certain property in adjoining county; prohibit purchase..............................................................................................HB 715
Local option sales tax without decrease in property tax; provide - CA ............................................................................................................HR 428
Local sales tax; funding for homestead exemptions; special districts......................HB 1222 Lottery; lien against winnings by state agencies...........................................................HB 724 Materialmen's liens; notice of commencement...............................................................SB 546 Mobile homes and mobile home parks; regulate.........................................................HB 1293 Mortgage escrow accounts; payment of interest..........................................................HB 1976 Mortgage lenders and mortgage brokers; licensing; amend provisions ....................HB 1636 Mortgage lenders and mortgage brokers; licensing provisions.....................................SB 106 Nonperpetual care cemeteries; exempt from registration............................................HB 641 Pawnbrokers; motor vehicle sales at auction; license...................................................HB 943 Personal property; intangible tax; change rate............................................................HB 1413 Personal property; sales tax; increase one percent........................................................HB 613 Personal property; tax exemption; increase..................................................................HB 1790 Prehistoric sites, burial grounds, ruins; archeological
research; Council on American Indian Concerns; create............................................HB 67 Private property; regulatory taking; compensation.....................................................HB 1343 Promotional contests; sponsors; bond requirements......................................................SB 540 Property Owners' Association Act; enact........................................................................HB 574
Property Owners' Compensation Trust Fund; General Assembly provide by general law - CA.........................................................................................HR 764

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2954

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PROPERTY (Continued) Property tax amnesty program; provisions; conservation use property; certain transfers..............................................................................................SB 506 Property tax deferrals; amend provisions.....................................................................HB 1647 Proposed state acquisitions and leases; reports..................................................................SB 8 Real and personal property; sale by nonresidents; withholding tax.........................HB 1480 Real estate appraisers; temporary permits; penalties.................................................HB 1226 Real estate brokers and salespersons; licensure; amend provisions..........................HB 1227 Reinsurers Guaranty Pool Act; enact..............................................................................HB 658 Residential Security Deed Act; enact...............................................................................SB 105 Sales tax; certain casual sales; applicability.....................................................................HB 59 Sales tax; certain casual sales; applicability...................................................................HB 251 Sales tax; certain casual sales; applicability.................................................................HB 1173 Sales tax; exempt certain personal property and certain motor vehicles..................HB 430 School systems; multiyear lease purchase contracts; real property prohibition...............................................................................................HB 233 Serious traffic offenses; forfeiture of property.............................................................HB 1942 Tax digests; arbitration or appeal of assessments; examination.................................HB 309 Tax digests; assessments under review; maximum......................................................HB 1590 Tax executions; certain notice; delete requirement.....................................................HB 1268 Tax executions; demand by tax collector for payment or security bond.................HB 1267 Tax executions; transferees...............................................................................................HB 563 Tax information; confidentiality......................................................................................HB 270 Tax; millage rate; limitation - CA....................................................................................HR 843 Tax sales; political subdivisions purchasing property; amount...................................HB 565 Taxation; contesting proposed assessment or license fee.............................................HB 268 Taxation; threats or intimidation of agents; penalty ....................................................HB 314 Title insurers; licensing and regulation...........................................................................HB 886 Traffic accident reports; increase property damage amount.....................................HB 1387 Unclaimed historic property; disposition; provisions....................................................HB 329
PROPST, CHANCELLOR H. DEAN Commend.............................................................................................................................HR 872 Invite to House.................................................................................................................HR 1038
PRUETT, CECIL; commend.............................................................................................HR 900
PSYCHOLOGISTS Licensing; amend provisions..............................................................................................SB 512 Local school boards; certain meditation procedures; adopt policy.............................HB 582 Professional counselors; licensing; amend provisions.....................................................SB 642 Psychologists and psychiatrists; privileged communications.......................................HB 194 Redefine practice................................................................................................................HB 525
PUBLIC ASSISTANCE Aid to families with dependent children; revise provisions...........................................HB 85 Apartments, houses, condominiums, motels, hotels, and dormitories; smoke detectors; limited number free to persons in need........................................SB 530 Appeals; dismissal; nonpayment; affidavit of indigence................................................SB 581 Building codes; state minimum standards; converted railroad cars...........................HB 939 Electronic transfer of benefits..........................................................................................HB 615 Food stamps; electronic transfer of cash equivalent.....................................................HB 892 Georgia Health Care Act; enact......................................................................................HB 1006 Georgia Health Insurance Plan; enact...........................................................................HB 1306 Handicapped parking privileges; certain Medicaid transportation...........................HB 1546 Home health agencies; assessment for Indigent Care Trust Fund .............................HB 889 Human Resources Board; membership; prohibit certain lobbyists ..........................HB 1481 Indigent and elderly health care; county liability .........................................................HB 339 Indigent defense; all actions and proceedings..............................................................HB 1254

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2955

PUBLIC ASSISTANCE (Continued) Lottery prizes; setoff debt collection.............................................................................HB 1316 Medical assistance; breast-feeding equipment.............................................................HB 1972 Medical assistance; long-term care patients; personal needs allowance .....................SB 552 Medical assistance; voucher program for private health care.....................................HB 601 Medical assistance; voucher program for private health care ...................................HB 1009 Nursing homes; imposition of remedial measures; review..........................................HB 1524 Recipients; register to vote requirement.........................................................................HB 387 Remedies for Residents of Personal Care Homes Act; enact.......................................SB 651 Work for Welfare Program; establish...............................................................................SB 464
PUBLIC BUILDINGS Barber, Mrs. Janette McGarity; place portrait in capitol............................................HR 463 Barber, Mrs. Janette McGarity; place portrait in capitol; Hardy Durham Faulk, Sr., Memorial Bridge; designate..........................................HR 967 Department of Buildings; create....................................................................................HB 1366 Equitable Restrooms Act; enact.....................................................................................HB 1644 Food service establishment; nonsmoking area...............................................................HB 791 Handicapped persons; accessibility..................................................................................HB 865 Housing authorities; tenant management organizations; contract...............................SB 299 Public events; handicapped seating; provisions...........................................................HB 1155 Sales tax exemption; public works projects..................................................................HB 1147 Smoking; prohibit...............................................................................................................HB 319 Smoking; regulate...................................................................................................................HB 3 State flag; required display ...............................................................................................HB 637 Water closets for females; urge increase in minimum number...................................HR 705
PUBLIC CONTRACTS Awards; certain counties; nondiscrimination..................................................................HB 610 Children and Youth Services Department; authority.................................................HB 1626 Community Affairs, Department of; contracts with college consortiums................HB 1523 Counties and municipalities; lowest bid......................................,.................................HB 1720 Economic parity assessment; authorize study by Department of Audits and Accounts .................................................................................................HR 770 Economic parity assessment; authorize study by Department of Audits and Accounts .................................................................................................HR 776 Housing authorities; tenant management organizations ...............................................SB 299 Liability insurance; nonprofit agencies; contracts with Children and Youth Department...............................................................................HB 1627 Local governments; multiyear lease purchase contracts; prohibit ................................HB 44 Lottery Commission; former employees; prohibit certain contracts.........................HB 1355 Procurement Integrity Act; enact....................................................................................HB 435 Public works; certain counties; nondiscrimination........................................................HB 607 Regional facilities development; counties and municipalities share ad valorem tax proceeds - CA.............................................................................SR 203 School systems; multiyear lease purchase contracts; prohibit.......................................HB 45 School systems; multiyear lease purchase contracts; real property prohibition...............................................................................................HB 233 State contracts; minority business participation...........................................................HB 675 State contracts; minority business participation............................................................SB 207 State negotiated contracts; cooperative hospital services organizations...................................................................................................HB 1991 State purchasing; competitive bids; minority business...............................................HB 1755 Transportation Department; requirements; waiver of limitations............................HB 1522
PUBLIC HEALTH OFFENSES Failure to prevent delinquency of minor; define offense ...........................................HB 1284 Soliciting minor to commit felony; penalties ...............................................................HB 1404

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2956

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PUBLIC HEALTH OFFENSES (Continued) Soliciting minor to commit felony; penalties ..................................................................SB 556 Tattooing near eye; exemption from restrictions ........................................................HB 2053
PUBLIC OFFICERS AND EMPLOYEES Acts of the General Assembly; ratification by people - CA.........................................HR 811 American Indians; transfer certain functions to commissioner of natural resources......................................................................................................HB 1718 American Indian tribes; recognition; create housing authorities .................................SB 618 Attorney General; employment of private counsel........................................................HB 101 Attorney General; increase salary..................................................................................HB 1431 Bail bond business; certain prohibition; repeal...........................................................HB 1099 Budget estimates; five-year plans; Agency Review Act; enact .........................................SB 5 Budget planning; certain projects; privatization feasibility..........................................SB 427 Budget reports; estimates of income, receipts, and expenditures.............................HB 1253 Campaign contributions; General Assembly; prohibit during session......................HB 1508 Campaign contributions; prohibit currency and coins................................................HB 1279 Campaign contributions; prohibit currency and coins; exception.............................HB 1280 Campaign contributions; statement of purpose...........................................................HB 1437 Certain county officers; actions constituting malpractice in office.............................HB 122 Certain part-time officials; transacting business with state ........................................HB 225 Community service boards; county departments of health and family and children services; unemployment compensation, workers' compensation, and liability coverage.........................................................HB 1921 Constitutional officers; employment of private legal counsel......................................HB 819 Coroners; training course; amend provisions................................................................HB 1256 Counties and boards of education; designated depositories .........................................SB 537 Death investigations; definitions; medical examiner; notification .................................SB 99 Decentralization of state government; provisions........................................................HB 1810 Division of Energy Resources; create within Environmental Facilities Authority.......................................................................................................HB 1263 Elected officials of state and U. S. Congress; term limitations - CA...........................HR 11 Elected officials of state; term limitations - CA.................................................................SR 5 Elections; campaign committees; reporting requirements..........................................HB 1556 Elections; code of conduct for candidates ....................................................................HB 1231 Elections; code of ethics for candidates..........................................................................HB 598 Elections; majority vote; exception for federal office .....................................................HB 54 Elections; plurality vote; exception; straight party voting............................................SB 680 Employees' Retirement; Agrirama Development Authority; creditable service ............................................................................................................HB 685 Employees' Retirement; certain agricultural commodity commission employees; service credit..........................................................................HB 959 Employees' Retirement; certain benefits; certain persons .........................................HB 1576 Employees' Retirement; certain Corrections Department employees; 55 years......................................................................................................HB 1165 Employees' Retirement; certain county probation and intake employees; transfer credit.............................................................................................HB 671 Employees' Retirement; certain county transfer to Department of Children and Youth Services; membership...................................HB 1063 Employees' Retirement; certain employees of county departments of family and children services; service credit..................................HB 1153 Employees' Retirement; certain hospital authorities; service credit ..........................HB 807 Employees' Retirement; certain judicial secretaries; creditable service ............................................................................................................HB 633 Employees' Retirement; certain judicial secretaries; prior service cost.............................................................................................................HB 729 Employees' Retirement; certain military service credit................................................HB 158 Employees' Retirement; certain military service credit..............................................HB 1129

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2957

PUBLIC OFFICERS AND EMPLOYEES (Continued) Employees' Retirement; certain military service credit..............................................HB 1161 Employees' Retirement; certain persons; retire after 20 years..................................HB 1132 Employees' Retirement; certain pilots; additional credit ...........................................HB 1086 Employees' Retirement; certain prior county service; credit.....................................HB 1104 Employees' Retirement; certain troopers; 25 years service..........................................HB 662 Employees' Retirement; change language.......................................................................HB 705 Employees' Retirement; creditable service; forfeited leave............................................HB 88 Employees' Retirement; creditable service; forfeited leave..........................................HB 260 Employees' Retirement; creditable service; forfeited leave........................................HB 1160 Employees' Retirement; death of retired member; payment of allowance................HB 670 Employees' Retirement; Indigent Defense Council.......................................................HB 192 Employees' Retirement; Lake Lanier Islands Development Authority; membership ...................................................................................................SB 377 Employees' Retirement; membership; Georgia Music Hall of Fame Authority employees.......................................................................................................HB 632 Employees' Retirement; postretirement benefit adjustment .......................................HB 925 Employees' Retirement; postretirement benefit adjustment .....................................HB 1101 Employees' Retirement; spousal benefits......................................................................HB 1144 Employees' Retirement; temporary disability; service credit ......................................HB 419 Employees' Retirement; 32 years of service...................................................................HB 709 Employees' Retirement; 33 years of service ...................................................................HB 708 Employees' Retirement; Vietnam service credit..........................................................HB 1111 Ethics training; General Assembly provide by general law - CA................................HR 102 Evidence; facsimile transmissions; admissibility..........................................................HB 1120 Financial disclosure; amend provisions...........................................................................HB 766 Financial disclosure statements........................................................................................HB 644
General Assembly; compensation and allowances; certain judges, boards, and commissions; per diem..............................................................HB 1478
General Assembly; expenses and per diem of members.................................................HB 80 General Assembly; fees or honoraria...............................................................................HB 448 General Assembly; four-year terms; elected state
officials; limit terms - CA..............................................................................................HR 130 General Assembly; full-time officials; salary supplement ............................................HB 663 General Assembly members and constitutional officers; term limits - CA...............HR 708 General Assembly members, constitutional officers, and
Public Service Commission; limit number of consecutive terms; change terms of General Assembly - CA........................................................HR 702 Georgia Laws; distribution by request..........................................................................HB 1126 Georgia Sports Hall of Fame Authority; create...........................................................HB 1187 Georgia State Indemnification Commission; composition..........................................HB 1617 Grand juries; amend provisions; special judge of the magistrate court; certain property sales.........................................................................SB 31 Health care; Patient Freedom of Choice Act; physician's right to participate...................................................................................HB 1769 Health insurance plans; assignment of benefits...........................................................HB 1278 Inspector general; create office - CA.................................................................................HR 14 Involuntary separation benefits; actuarial costs ............................................................HB 521 Involuntary separation; job position remain unfilled....................................................HB 956 Jekyll Island--State Park Authority; membership.......................................................HB 517 Law enforcement officers; indemnification; line of duty..............................................HB 250
Liability insurance; nonprofit agencies; contracts with Children and Youth Department ......................................................................HB 1627
Lobbyist disclosure; certain public officers; change definition....................................HB 773
Lobbyist disclosure; definitions........................................................................................HB 760
Lobbyists; ethics training courses ....................................................................................HB 392
Merit system; sick leave; provisions ...................................................................................SB 53

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2958

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PUBLIC OFFICERS AND EMPLOYEES (Continued) Mileage rate; personal vehicle...........................................................................................HB 351 Military duty; sick leave....................................................................................................HB 358 Municipal officers; certain terms of office; expiration date.......................................HB 1192 National Guard; call to active duty for non-emergency .............................................HB 1600 Natural Resources Department; transactions with state agencies; exception to prohibition..............................................................................HB 1651 Notaries public; performance bonds..............................................................................HB 1319 Office of Planning and Budget; annual continuation budget report; provisions................................................................................................SB 188 Office of Planning and Budget; develop plan to downsize government.........................SR 9 Office of Planning and Budget; federal grant information system..............................SB 619 Personnel expense; request plan to reduce.....................................................................HR 384 Political action committees; connected organization ....................................................HB 907 Political contributions by corporations; prohibit...........................................................HB 151 Polygraph examiners; repeal exemption .........................................................................HB 631 Procurement Integrity Act; enact ....................................................................................HB 435 Property; proposed state acquisitions and leases; reports ................................................SB 8 Public Employees Labor Relations Act; enact.................................................................HB 99 Public Safety Department; employee participation in political campaigns; repeal prohibition.....................................................................HB 1333 Retirement; assets; change gender specific references................................................HB 1779 Revenue shortfall reserve; increase; midyear adjustment reserve; education .......................................................................................SB 561 Revenue Stabilization Fund; create...............................................................................HB 1734 State boards; uniform expense allowances....................................................................HB 2064 State budgetary processes; amend provisions................................................................HB 923 State depositories; certain securities; collateral to secure public deposits ................................................................................................SB 602 State employees' health insurance; contract with county; part-time employees.......................................................................................................HB 772 State employees; mass transit employee benefit; provisions.......................................HB 667 State employees; payroll deductions; certain not-for-profit organizations.........................................................................................HB 1455 State employees; payroll deductions; eligible voluntary charitable organization...............................................................................HB 1439 State government; employment in more than one branch; exception to prohibition ................................................................................................HB 668 State or local bonded indebtedness; private legal counsel; selection by competitive bidding...................................................................HB 740 State Tollway Authority; change name; amend provisions...........................................SB 328 Superior court judges and district attorneys; compensation.....................................HB 1395 Supreme Court Justices, Appeals Court Judges, and Attorney General; compensation.................................................................................................HB 1398 Unclaimed or indigent bodies; cremation.....................................................................HB 1850
PUBLIC PROPERTY Baldwin County; convey property.....................................................................................SR 547 Barrow County; lease property.......................................................................................HR 1003 Bartow County; convey property.....................................................................................HR 357 Brooks County; convey property ......................................................................................HR 744 Bryan County; lease property...........................................................................................HR 842 Certain counties; grant easement......................................................................................SR 467 Chatham County and Gwinnett County; lease property............................................HR 1002 Chatham County; lease property......................................................................................HR 819 Chattooga County; convey property.................................................................................SR 470 Cobb County; lease property............................................................................................HR 818 Community Affairs, Department of; contracts with college consortiums................HB 1523

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2959

PUBLIC PROPERTY (Continued) Floyd County; convey property........................................................................................HR 814 Fulton County; convey property.......................................................................................SR 462 Georgia and South Carolina boundary; survey and mapping.......................................SB 572 Georgia Ports Authority; convey property in Columbus..............................................HR 907 Georgia Sports Hall of Fame Authority; create...........................................................HB 1187 Glynn County; convey property.......................................................................................HR 816 Glynn County; convey property.......................................................................................HR 817 Grady County; convey property.....................................................................................HR 1012 Jenkins County; convey property.....................................................................................HR 823 Joint Rhodes Memorial Hall Study Committee; create................................................SR 485 Land acquisition; certain metropolitan Atlanta sites; urge consideration...........................................................................................................HR 467 Lumpkin County; convey property..................................................................................HR 966 Mclntosh, Tattnall, Gwinnett, Glynn, and Banks counties; grant easement................................................................................................SR 463 Property; proposed state acquisitions and leases; reports ................................................SB 8 Public stadium; mascot; breach of contract.................................................................HB 1940 Rabun and Habersham counties; convey property........................................................SR 519 Rabun County; convey property......................................................................................HR 564 Rabun County; lease property..........................................................................................HR 859 Rabun County; lease property..........................................................................................HR 861 Richmond County; convey property..............................................................................HR 1001 Smoking in public buildings; prohibit.............................................................................HB 319 Smoking in public places; regulate ......................................................................................HB 3 State Properties Commission; amend provisions.........................................................HB 1616 Whitfield County; convey property..................................................................................SR 500 Whitfield County; lease property ......................................................................................SR 469
PUBLIC RECORDS Convicted felon; juvenile court records; superior court access before sentencing.................................................................................................SB 559 Counties; minutes of meetings...........................................................................................SB 668 Counties; parents' Committee; provisions.....................................................................HB 1062 Courts; authority to expunge certain records...............................................................HB 1304 Education; student records; parents' inspection.............................................................SB 629 Genetic testing; prohibit disclosure; exceptions..............................................................SB 704 Georgia Bureau of Investigation; subpoenas; documentary evidence.......................HB 1339 Georgia Crime Information Center; centralized records; public access....................HB 1708 Insurance; agent licensure; certain private contractors ..............................................HB 1824 Juvenile proceedings; amend provisions .........................................................................HB 531 Legislative information; availability through public computer network..................HB 1645 Mental health; clinical records; disclosure....................................................................HB 1405 Motor vehicle registration records; inspection by private detectives.........................HB 726 Open meetings and open records; certain health care entities....................................HB 852 Open meetings and open records; certain hospitals......................................................HB 777 Open records; certain administrative proceedings; approval.......................................HB 822 Open records; exempt certain medical facility...............................................................HB 336 Open records law; applicability......................................................................................HB 1313 Open records; trade secret; exemption............................................................................HB 535 Parole; certain sex offenders; notify officials of address ............................................HB 1229 Proprietary schools; open records; exempt certain financial reports .........................HB 938 Proprietary schools; open records; exempt certain financial reports .......................HB 1943 Sex offenders; registration; crime of failure to register .................................................SB 399 State Marketing in the Public Interest Act; enact......................................................HB 1362 Superior court clerks; requirements .................................................................................SB 456

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2960

INDEX

PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) Career concerns of certain personnel; urge Board review............................................HR 563 Certain employees; involuntary separation benefits.....................................................HB 106 Driver's License Contribution for Anatomical Gifts Fund; establish.......................HB 1549 Drivers' licenses; insurance provisions; amend ...............................................................SB 613 Elections Code; conform to National Voter Registration Act...................................HB 1429 Emergency management; communications officers; training.....................................HB 1747 Employee participation in political campaigns; repeal prohibition..........................HB 1333 Employees' Retirement; certain troopers; 25 years service..........................................HB 662 Insurance; certain cancellation; notice ..........................................................................HB 1308 Jury lists; composition; amend provisions.......................................................................SB 193 Law enforcement officers; procedure for processing complaints.................................HB 397 Motor vehicle accidents; timely notice for action........................................................HB 1653 Motor vehicles; certain violations; proof of financial responsibility............................SB 579 Olympics; law enforcement and security; commissioner of public safety................HB 1295 Peace Officer and Prosecutor Training Fund; certain annual disbursements........................................................................................................SB 65 Public Safety Integrity Act; enact.................................................................................HB 1610 Records of drivers' licenses; compilation of lists.............................................................HB 23 Solid color motor vehicles; state patrol use....................................................................HB 111 Traffic accident reports; increase property damage amount.....................................HB 1387 Traffic accident reports; submit to Public Safety Department................................HB 1386 Voter registration; driver's license examiners................................................................HB 187 Voter registration; driver's license examiners................................................................HB 611
PUBLIC SAFETY OFFENSES Firearms; certain possession; exemptions from prohibition.......................................HB 1209 Firearms; possession at school functions; exemption from prohibition......................SB 568 Firearms; possession by student on school property; penalties.................................HB 1823 Firearms; possession during commission of crime; mandatory sentence .................HB 1252 Firearms; possession; reserve police officers.................................................................HB 1242 Hellfire switches; prohibit..................................................................................................SB 474 Juvenile proceedings; certain possession of firearm; misdemeanor..........................HB 1599 Pistol or revolver; license to carry; prohibit issuance to felon..................................HB 1201 Weapons; illegal possession; forfeiture..........................................................................HB 1337 Weapons used during certain crimes; enhanced penalties.........................................HB 1237 Weapons used in commission of crime; destroy..........................................................HB 1328 Wiretapping; conversations of child under the age of 14 years ................................HB 1243
PUBLIC SCHOOL EMPLOYEES Certain local salary supplements; limit decreases.......................................................HB 1177 Certificated professional personnel; fingerprinting; criminal record checks....................................................................................................SB 526 Discipline; student codes and standards of conduct; establish .................................HB 1560 Health insurance...............................................................................................................HB 1128 Health insurance premiums; monthly installments .......................................................SB 454 Retirement; change name..................................................................................................HB 707 Retirement; temporary disability; service credit...........................................................HB 419 Teachers Retirement; membership................................................................................HB 1105
PUBLIC UTILITIES AND TRANSPORTATION Ad valorem tax; appeal of final assessment.................................................................HB 1245 Aged and Disabled Transportation Task Force; create................................................HR 921 Division of Energy Resources; create within Environmental Facilities Authority ...........................................................................HB 1263 Electrical contractors; low-voltage and utility contracting..........................................HB 967 Emergency "911" system; public authority to operate; local governments create..............................................................................................HB 1024

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INDEX

2961

PUBLIC UTILITIES AND TRANSPORTATION (Continued) High-voltage Safety Act; certain enforcement provisions; repeal.............................HB 1728 Highway definitions; include transportation enhancement activities.........................HB 883 Limousine carriers; Public Service Commission regulate.............................................HB 847 Limousine carriers; Public Service Commission regulate..............................................SB 317 Motor common carriers and motor contract carriers; definitions...............................HB 391 Motor contract carriers and motor common carriers; definition; exclude small buses...................................................................................HB 1783 Motor fuel tax; appropriate for transportation system - CA.......................................HR 271 Motor fuel tax; urge use for any transportation purpose.............................................HR 270 Public Service Commission; governor appoint; nominating commission; General Assembly provide by law - CA..........................HR 214 Public Service Commission; personnel; revise provisions; Utility Finance Section; establish.............................................................SB 250 Public Service Commission; selection of chairman....................................................HB 1597 Public Service Commission; telecommunications; amend provisions .......................HB 1449 Public Service Commission; toll-free calling; metro statistical area.........................HB 1473 Public utilities; fee based on gross revenues; purchased gas adjustment for gas utility.....................................................................................HB 1672 Residential telephones; 976 or 900 number; by request...............................................HB 629 Sales tax exemption; cargo containers and related chassis........................................HB 1561 Solid waste permits; limitations on modification; exception.....................................HB 1435 State employees; mileage rate; personal vehicle............................................................HB 351 Telephone service; access to live operator.......................................................................SB 539 Telephones; disbursements from Universal Service Fund for 16 mile calling radius expenses.....................................................................................HB 676 Transportation Board; election by roll-call vote............................................................HB 118 Wiretapping; conversations of child under the age of 14 years ................................HB 1243
PUBLICATIONS Ad valorem tax; certain reports; amend provisions.......................................................HB 221 Advertising of legal services; certain disclosure.............................................................HB 524 Crime committed by inmate while incarcerated; reenactment proceeds; disbursement................................................................................................HB 1257 Criminal procedure; media coverage of certain trials; prohibitions............................HB 318 Deed to secure debt; borrower's residence; prohibit...................................................HB 1771 Deed to secure debt; sales of real property; advertisement .......................................HB 1770 Distribution of sexual materials to minors; exception to prohibition......................HB 1897 Driving under the influence; third or subsequent conviction; publication....................................................................................................SB 119 Employment security; definitions; state-wide Reserve Ratio; unemployment benefits................................................................................................HB 1194 Public roads; abandonment; legal advertisement........................................................HB 1539 Synopsis of general laws; distribution; certain newspapers.......................................HB 1992
PULASKI COUNTY; magistrate court; chief magistrate..........................................HB 1980
PURCELL, HONORABLE BENJAMIN H. Committee assignment.........................................................................................................Page 3 Oath of office ........................................................................................................................Page 3
PUTNAM COUNTY Board of Commissioners and W. G. "Geechie" Winslette, Jr.; commend .................HR 952 Homestead exemption......................................................................................................HB 1648 Homestead exemptions; certain residents.....................................................................HB 2019 Sheriff; compensation.......................................................................................................HB 1827 Tax commissioner; compensation...................................................................................HB 1829

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2962

INDEX

Q

QUARTERMAN, DETECTIVE AARON; commend................................................HR 972 QUITMAN COUNTY; education districts...................................................................HB 1882

R

R. G. DANIELL, SR., MEMORIAL HIGHWAY; designate ...................................HR 411
RABUN COUNTY Board of commissioners; amend provisions..................................................................HB 2023 Building authority; create................................................................................................HB 2011 Clayton-Rabun County Water and Sewer Authority; financing ...............................HB 2005 Convey property..................................................................................................................HR 564 Convey property..................................................................................................................SR 519 Lease property.....................................................................................................................HR 859 Lease property.....................................................................................................................HR 861
RACETRACKS Pari-mutuel racetracks and wagering; authorize .........................................................HB 1164 Pari-mutuel wagering; General Assembly regulate by general law - CA...................HR 606
RADAR Detectors; prohibit use.......................................................................................................HB 204 Eliminate certain restriction..............................................................................................SB 116 Restrictions; exemption; certain counties.......................................................................HB 199 Warning signs; distance.....................................................................................................HB 128
RADIO Amateur radio operators; special license plates...........................................................HB 1221 Conversion of rented entertainment equipment or media; define offense....................................................................................................HB 1397 Covenants running with the land; antennae installation; amateur radio operators...............................................................................................HB 1134 Special license plates; additional fees; delete requirement ..........................................HB 698 State Marketing in the Public Interest Act; enact......................................................HB 1362
RADLOFF, LOUISE; commend.....................................................................................HR 1076
RAILROADS Building codes; state minimum standards; converted railroad cars...........................HB 939 Certain carriers, major components, and replacement parts; sales tax exemption.............................................................................................HB 176 State Tollway Authority; change name; amend provisions...........................................SB 328
RALPH "COUNTRY" BROWN HIGHWAY; designate..........................................HR 961
RANDOLPH COUNTY Board of education; reconstitute....................................................................................HB 1445 Commissioner districts; reapportion..............................................................................HB 1583
RANDOLPH, MATTHEW; commend............................................................................HR 694
RANDOLPH SOUTHERN SCHOOL LADY PATRIOTS BASKETBALL TEAM; commend ............................................................................HR 1123
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INDEX

2963

RAPE Certain convictions; prohibit parole - CA.......................................................................HR 671 Contributing to delinquency of minor; commission of violent crimes; penalties................................................................................................HB 533 Criminal gang activity; add rape to list...........................................................................SB 460 Criminal procedure; media coverage of certain trials; prohibitions............................HB 318 Sexual Offender Registration Act; enact............................................................,..........HB 1934 Sexual offenses; amend provisions...................................................................................HB 666 Statutory rape; change age................................................................................................HB 153
REAL ESTATE (Also, see Property) Appraisers; temporary permits; penalties.....................................................................HB 1226 Brokers and salespersons; licensure; amend provisions..............................................HB 1227 Mortgage lenders and mortgage brokers; licensing provisions.....................................SB 106 Private residence accessibility; handicapped persons...................................................HB 812 Private residence accessibility; physically handicapped persons ..............................HB 1154
REAPPORTIONMENT Congressional districts; composition..............................................................................HB 1168 House of Representatives and Senate; certain districts................................................SB 553 House of Representatives; certain districts..................................................................HB 1554 House of Representatives; districts 41, 44, and 85......................................................HB 1929 House of Representatives; districts 110 and 123 ...........................................................HB 672 House of Representatives; districts 113 and 114...........................................................HB 702
RECREATION Certain parks and recreation lands; development; urge Congress appropriate funds..................................................................................HR 310 Certain parks and recreation lands; development; urge Congress appropriate funds..................................................................................HR 436 Joint Study Committee on Recreational River Use; create.........................................HR 984 Recreational bingo; operation by nonprofit organizations.........................................HB 1183 Recreational bingo; operation by nonprofit organizations............................................SB 439 Recreational bingo; provisions.............................................................................................SB 24 Recreational bingo; redefine............................................................................................HB 2049 Recreational personal property; ad valorem tax; taxable situs...................................HB 478
REDEVELOPMENT (See Buildings and Housing)
REFUGEES RESIDING IN GEORGIA; commend ..................................................HR 887
REGINALD TRICE PARKWAY; designate..............................................................HR 1037
RELIGION Ad valorem tax; conservation use property; transfers................................................HB 1246 Conservation use property; certain transfers ...............................................................HB 1438 Local school boards; certain meditation procedures; adopt policy.............................HB 582 Lottery tickets; certain sale or advertising; prohibit.....................................................HB 767 Lottery tickets; sales on Sundays and Christmas day; prohibit................................HB 1174 Marriage license; blood tests; exception on religious grounds...................................HB 1819 Schools; daily moment of silent reflection; provisions...................................................SB 396 Schools; student-led prayer; extracurricular events ....................................................HB 1932 Sexual assault by religious counselor; definition; prohibition...................................HB 1487 Student initiated prayer; use of school property.........................................................HB 1216 Voluntary group prayer in public schools; urge United States constitutional amendment.................................................................................HR 667 Voluntary prayer in schools; urge Congress restore........................................................HR 22 Voluntary prayer in schools; urge Congress restore........................................................HR 23

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2964

INDEX

REPUBLIC OF CHINA ON TAIWAN Recognize relationship with Georgia and participation in international community.............................................................................................HR 1170
RESIDENTIAL FINANCE Binding Arbitration and Warranty Disclosure Statement; provide..........................HB 1608 Building code violation; nonresident owner; service of process ................................HB 1820
RESTAURANTS Excise tax on food, beverages, and alcoholic beverages...............................................HB 578 Nonsmoking area................................................................................................................HB 791 Requirements for food handlers.....................................................................................HB 1269
RETIREMENT AND PENSIONS Bankruptcy; exempt individual retirement accounts..................................................HB 1830 Bills; cost reduction amendments; actuarial study......................................................HB 1780 Bills; cost reduction amendments; actuarial study......................................................HB 1793 Certain judges and solicitors; repeal prohibition against holding public office or practicing law..........................................................HB 147 Certain retirement systems; temporary disability; service credit................................HB 419 Code corrections................................................................................................................HB 1218 District Attorneys' Retirement; increased benefits; over 16 years service.......................................................................................................HB 804 District Attorneys' Retirement; 20 years of service; retire at age 55 .........................HB 806 Employees' Retirement; Agrirama Development Authority; creditable service ............................................................................................................HB 685 Employees' Retirement; assets; change gender specific references...........................HB 1779 Employees' Retirement; certain agricultural commodity commission employees; service credit..........................................................................HB 959 Employees' Retirement; certain benefits; certain persons.........................................HB 1576 Employees' Retirement; certain Corrections Department employees; 55 years......................................................................................................HB 1165 Employees' Retirement; certain county probation and intake employees; transfer credit.............................................................................................HB 671 Employees' Retirement; certain county transfer to Department of Children and Youth Services; membership...................................HB 1063 Employees' Retirement; certain employees of county departments of family and children services; service credit..................................HB 1153 Employees' Retirement; certain hospital authorities; service credit..........................HB 807 Employees' Retirement; certain judicial secretaries; creditable service ............................................................................................................HB 633 Employees' Retirement; certain judicial secretaries; prior service cost.............................................................................................................HB 729 Employees' Retirement; certain military service credit................................................HB 158 Employees' Retirement; certain military service credit..............................................HB 1129 Employees' Retirement; certain military service credit..............................................HB 1161 Employees' Retirement; certain persons; retire after 20 years..................................HB 1132 Employees' Retirement; certain pilots; additional credit...........................................HB 1086 Employees' Retirement; certain prior county service; credit.....................................HB 1104 Employees' Retirement; certain troopers; 25 years service..........................................HB 662 Employees' Retirement; change language.......................................................................HB 705 Employees' Retirement; creditable service; forfeited leave............................................HB 88 Employees' Retirement; creditable service; forfeited leave..........................................HB 260 Employees' Retirement; creditable service; forfeited leave........................................HB 1160 Employees' Retirement; death of retired member; payment of allowance................HB 670 Employees' Retirement; Indigent Defense Council.......................................................HB 192 Employees' Retirement; Lake Lanier Islands Development Authority; membership...................................................................................................SB 377

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INDEX

2965

RETIREMENT AND PENSIONS (Continued) Employees' Retirement; membership; Georgia Music Hall of Fame Authority employees.......................................................................................................HB 632 Employees' Retirement; postretirement benefit adjustment.......................................HB 925 Employees' Retirement; postretirement benefit adjustment.....................................HB 1101 Employees' Retirement; spousal benefits......................................................................HB 1144 Employees' Retirement; 32 years of service...................................................................HB 709 Employees' Retirement; 33 years of service...................................................................HB 708 Employees' Retirement; Vietnam service credit..........................................................HB 1111 Federal retirees; certain income taxes; urge refund....................................................HR 1064 Firemen's Pension; definitions; clarify certain tax exemption..................................HB 1776 Firemen's Pension; definitions; vesting; certain tax exemption.....................................SB 82 Firemen's Pension; service credit for prior service........................................................HB 821 Firemen's Pension; volunteer firemen; service credit....................................................SB 583 Income tax; retirement income exclusion.......................................................................HB 596 Involuntary separation benefits; actuarial costs............................................................HB 521 Involuntary separation; job position remain unfilled....................................................HB 956 Joint Study Committee on Financial Security for Retirement; create....................HR 1108 Judges of the Probate Courts Retirement; certain membership...............................HB 1091 Judges of the Probate Courts Retirement; cost-of-living benefit.............................HB 1166 Judges of the Probate Courts Retirement; cost-of-living increase............................HB 1683 Judges of the Probate Courts Retirement; retire at age 55.......................................HB 1090 Local retirement funds; investments...............................................................................HB 278 Local retirement systems; certain assets; investment.................................................HB 1520 Municipal Employees Benefit; revenue bonds.............................................................HB 1792 Peace Officers' Annuity and Benefit; age requirements...............................................HB 495 Peace Officers' Annuity and Benefit; certain creditable service.................................HB 498 Public retirement systems; certain military service credit; amend provisions................................................................................................HB 902 Public retirement systems; creditable service; temporary disability........................HB 1159 Public Safety Department and State Patrol; certain employees; involuntary separation benefits................................................................HB 106 Public School Employees Retirement; change name....................................................HB 707 Regents Retirement Plan; employee contributions.....................................................HB 1723 Retirement systems standards; repeal certain exemptions for Firemen's Pension Fund..........................................................................................HB 234 Revenue Department; enforcement officer; retain weapon or badge on retirement....................................................................................HB 311 Senior court reporter; create office..................................................................................HB 656 Senior district attorney; create office............................................................................HB 1662 Senior judge; repeal prohibition against practicing law or holding public office...........................................................................................HB 148 Sheriffs' Retirement; former members; membership....................................................HB 500 Sheriffs' Retirement; increase contributions and benefits...........................................HB 499 Statewide telecommunications network; certain retirees.............................................HB 589 Superior Court Clerks' Retirement; increase benefits..................................................HB 763 Superior Court Judges Retirement; cost of living increase........................................HB 1586 Superior Court Judges Retirement; postretirement benefits; retirement age...............................................................................................HB 1019 Superior Court Judges Retirement; prior service credit.................................................HB 51 Superior Court Judges Retirement; spousal benefits....................................................HB 501
Superior Court Judges Retirement; spousal benefits.....................................................SB 253
Teachers Retirement; certain creditable service; no age requirement.......................HB 627
Teachers Retirement; certain private school service credit.........................................HB 426
Teachers Retirement; certain public school employees; employer contributions................................................................................................HB 1589
Teachers Retirement; certain public school employees; membership ......................HB 1105

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2966

INDEX

RETIREMENT AND PENSIONS (Continued) Teachers Retirement; certain transfer from Employees' Retirement System.........................................................................................................HB 323 Teachers Retirement; certain unpaid leave; creditable service.................................HB 1131 Teachers Retirement; change language...........................................................................HB 706 Teachers Retirement; creditable service; pregnancy leave...........................................HB 230 Teachers Retirement; disability; date..............................................................................HB 893 Teachers Retirement; employee contributions.............................................................HB 1383 Teachers Retirement; postretirement benefit adjustment.............................................HB 81 Teachers Retirement; 60 years or under; remove penalty ...........................................HB 539 Teachers Retirement; unused sick leave; credit.............................................................HB 276 Trial Judges and Solicitors Retirement; magistrate judges; membership...................................................................................................................HB 1141 Trial Judges and Solicitors Retirement; recorder's Court of Chatham County...........................................................................................HB 1774 Trial Judges and Solicitors Retirement; spousal benefits; contributions .................................................................................................HB 1020 Unemployment compensation; early retirement incentives.......................................HB 1686
REVENUE (See Taxation and Revenue)
REVENUE BONDS Bonds and recognizances; sureties; amend provisions...................................................SB 630 Georgia Building Authority; method of borrowing money...........................................HB 161 Hazardous waste sites; authorize debt to correct - CA.................................................SR 546 Hazardous waste sites; public debt to correct; Environmental Protection Division request............................................................................................SB 698 Municipal Employees Benefit.........................................................................................HB 1792 Outdoor luminaries; expenditure for installation; restrictions....................................HB 207 Public debt; solid waste; certain facilities ......................................................................HB 849 Telecommunications systems; provisions......................................................................HB 1145
RICEBORO, CITY OF Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; create.............................................................HB 1894
RICHARDS, SWANNIE; commend .............................................................................HR 1222
RICHMOND COUNTY Augusta-Richmond County Commission-Council; provisions....................................HB 1012 Budget provisions; amend...............................................................................................HB 1867 Certain juvenile services; transfer to state-wide service................................................SB 366 Certain officials; compensation...........................................................................................HB 92 Civil court chief judge; powers.......................................................................................HB 2048 Convey property................................................................................................................HR 1001 Convey property..................................................................................................................SR 548 Excess tax revenue; coliseum..........................................................................................HB 2009 Homestead exemption; certain residents.........................................................................SB 405 State court; add judge......................................................................................................HB 2022
RICKETTS, MR. AND MRS. CHARLES; commend.............................................HR 1155
RIDGEWAY, DAVID P., SR.; commend ......................................................................HR 936
RINGGOLD TIGERS WRESTLING TEAM AND COACH STEVE MCDANIEL; commend ................................................................................HR 1238
RISK, MR. AND MRS. ELDRIDGE MARCELLAS; commend.........................HR 1073

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2967

RIVERS AND LAKES Boat Safety Act; amend provisions...................................................................................SB 601 Boats; certificates of number; fees.................................................................................HB 1714 Boats; right of operation; waters of state .....................................................................HB 1935 Certain parks and recreation lands; development; urge Congress appropriate funds..................................................................................HR 310 Certain parks and recreation lands; development; urge Congress appropriate funds..................................................................................HR 436 "Clean Water Week" in Georgia; designate third week in October annually.........................................................................................................SB 606 County solid minerals severance tax; provisions .........................................................HB 1973 Fish and fishing; amend provisions..................................................................................SB 527 Georgia Ports Authority; police powers ........................................................................HB 1136 Joint Study Committee on Recreational River Use; create.........................................HR 984 Lakes Allatoona and Richard B. Russell; long-term subleases of marina sites .............................................................................................HB 1372 Lakes; water quality standards; adopt............................................................................HB 558
ROBERT LEE PATTEN II Probation Boot Camp; designate ...................................................................................HR 1026 Probation Detention Center; designate............................................................................SR 561
ROBERTS, A. R. "RICK", III; commend .....................................................................HR 905
ROBERTS, HONORABLE JAMES C.; commend...................................................HR 1058
ROBERTS, LINDA PHILLIPS; commend..................................................................HR 997
ROBINSON, EARL C.; commend.................................................................................HR 1169
ROCKDALE COUNTY SCHOOL SYSTEM; commend on 100th anniversary ...HR 854
ROPER, ANNE; commend.................................................................................................HR 720
ROSSOLL, HARRY; commend ......................................................................................HR 1122
ROUSE, BRANDI SUSAN; commend ........................................................................HR 1248
RUSHING, NANCY L'BERTIE "MISS BERTIE"; commend............................HR 1060
RUSSELL, SCOTT; commend .......................................................................................HR 1229

SALES AND USE TAX Business Expansion Support Act of 1994; enact; job tax credit...............................HB 1527 Certain casual sales; applicability......................................................................................HB 59 Certain casual sales; applicability....................................................................................HB 251 Certain casual sales; applicability..................................................................................HB 1172 Certain casual sales; applicability..................................................................................HB 1173 Certain motor vehicle sales to nonresidents; repeal exemption..................................HB 219 Coin operated amusement machines; master license fees..........................................HB 1630 Collection fee; certain casual sales...................................................................................HB 451 Definitions; farm equipment repair.................................................................................HB 749 Delinquency; prohibit certain transfer............................................................................HB 313 Education; change funding from ad valorem tax to sales and use tax - CA...............................................................................................................HR 90
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2968

INDEX

SALES AND USE TAX (Continued) Education funding; increase one percent........................................................................HB 613 Education funding; one percent local option sales tax - CA.......................................HR 673 Education funding; repeal ad valorem tax and impose three percent sales tax - CA.........................................................................................HR 703 Education funding; two percent sales tax; limit increase of millage rate - CA........................................................................................HR 672 Exemption; cargo containers and related chassis........................................................HB 1561 Exemption; casual sales of motor vehicles......................................................................HB 169 Exemption; certain assistive technology devices..........................................................HB 1457 Exemption; certain carriers, major components, and replacement parts ..................HB 176 Exemption; certain charitable fund-raisers..................................................................HB 1582 Exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.....................................................................................................HB 693 Exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.....................................................................................................HB 786 Exemption; certain industrial materials; granite...........................................................HB 733 Exemption; certain organizations.....................................................................................HB 134 Exemption; certain personal property and certain motor vehicles.............................HB 430 Exemption; certain sales by certain schools...................................................................HB 549 Exemption; certain sales by schools ................................................................................HB 562 Exemption; electricity for chlor-alkali manufacturing..................................................HB 592 Exemption; electricity for chlor-alkali processes...........................................................HB 347 Exemption; food for human consumption......................................................................HB 526 Exemption; high school yearbooks.................................................................................HB 1951 Exemption; items for growing forestry crops...............................................................HB 1738 Exemption; off-road forestry equipment......................................................................HB 1762 Exemption; public works projects..................................................................................HB 1147 Exemption; school fund-raisers........................................................................................HB 102 Exemption; school fund-raisers........................................................................................HB 512 Exemption; vocational schools for mentally disabled.................................................HB 1578 Fabrication; exempt routine repair of farm equipment..................................................HB 74 Fund educational grants from lottery games...............................................................HB 1553 Hotel or motel rooms; length of stay.............................................................................HB 1507 Joint county and municipal sales tax; certificates for distribution of proceeds.........................................................................................HB 1489 Local option sales tax without decrease in property tax; provide - CA ....................HR 428 Local sales tax; funding for homestead exemptions; special districts......................HB 1222 Local sales tax; limitation; exempt MARTA..................................................................HB 181 Local sales tax; prohibitions; exception ..........................................................................HB 861 Lottery tickets; allocate to local school boards - CA....................................................HR 795 Motor vehicle sales; exempt; impose ad valorem tax....................................................HB 799 Motor vehicles; certain casual sales; exemption ............................................................HB 640 Phased-in exemption; electricity for manufacturing processes .................................HB 1843 Revenue Stabilization Fund; create...............................................................................HB 1734 Revenue Stabilization Fund; General Assembly establish - CA .................................HR 895 Seller or dealer; prohibit doing business without certificate.......................................HB 288 Special county one percent sales tax; maximum time of imposition .......................HB 1659 Special county one percent sales tax; solid waste or recovered materials facilities.......................................................................................HB 1704 Special one percent sales tax; education; General Assembly provide - CA......................................................................................................................HR 53 Special one percent sales tax; procedure for imposition; amend..................................HB 64 Special purpose sales tax; aviation projects ...................................................................HB 727
Special purpose sales tax; disposition of proceeds; certain ordinances.........,...............................................................................................HB 1533
Special purpose sales tax; education; General Assembly authorize by law - CA....................................................................................................HR 745

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2969

SALES AND USE TAX (Continued) Special purpose sales tax; local school systems; capital outlay; General Assembly provide by general law - CA................................HR 13 Student athletic events; exemption...............................................................................HB 1464
SANDY SPRINGS, CITY OF Incorporate...........................................................................................................................HB 503 Incorporate............................................................................................................................SB 155
SAVANNAH CARDINALS; commend .........................................................................HR 784
SAVANNAH, CITY OF Coastal Georgia International and Maritime Trade Center; provisions.....................SB 415 Education districts..............................................................................................................SB 656 Savannah-Chatham County Anti-Drug Commission; repeal Act creating...............HB 1098 Savannah-Chatham County; board of tax assessors; repeal certain Act.....................SB 516
SAVANNAH ST. PATRICK'S DAY PARADE COMMITTEE; commend.....HR 1091
SAXON, AUSTIN; commend..........................................................................................HR 1263
SAXON, FRANCES; commend ......................................................................................HR 1262
SCHLEY COUNTY Ellaville-Schley County Charter Commission; amend provisions.............................HB 1598
SCHOOLS (Also, see Education) Adopt uniform grading system for certain eligibility..................................................HB 1326 Alternative Schools and Reeducation Act; enact.........................................................HB 1837 Breakfast programs; establish.........................................................................................HB 1557 Building plans; professional responsibility...................................................................HB 1724 Buildings; State Board of Education compile standard plans.....................................HB 460 Bus drivers; random drug and alcohol testing...............................................................HB 372 Buses; load limit...............................................................................................................HB 1029 Buses; multiyear contracts; repeal; reenact....................................................................HB 330 Buses; unlawful to operate with unseated children.....................................................HB 1380 Comprehensive evaluation; high-achieving exempt schools; psychology services; local fair share funds ..................................................................SB 436 Crime-Free Schools Act; enact.......................................................................................HB 1701 Education; capital outlay; school closures; opposition petitions...............................HB 1314 Education; strategic planning; amend provisions........................................................HB 1325 Firearms; certain possession; exemptions from prohibition.......................................HB 1209 Firearms; possession at school functions; exemption from prohibition......................SB 568 Firearms; possession by student on school property; penalties.................................HB 1823 Multiyear lease purchase contracts; prohibit...............................................................HB 45 Multiyear lease purchase contracts; real property prohibition ...................................HB 233 Olympic Challenge in schools; urge State Board of Education create.......................HR 303 Sales tax exemption; certain sales....................................................................................HB 549 Sales tax exemption; certain sales....................................................................................HB 562 Sales tax exemption; fund-raisers....................................................................................HB 102 Sales tax exemption; fund-raisers....................................................................................HB 512 Sales tax exemption; high school yearbooks.................................................................HB 1951 Sales tax exemption; student athletic events...............................................................HB 1464 School Safety and Juvenile Justice Reform Act; enact .................................................SB 440 School trespass; define offense ............................................................................................SB 42 Standard building plans; state Board of Education compile.......................................HB 460 Students; reportable crimes; deadly weapon at school function...............................HB 1542 Students' social security numbers; repeal certain requirement...................................HB 488 Summer school program; certain students ...................................................................HB 1130

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2970

INDEX

SCHOOLS (Also, see Education) (Continued) Weapons; possession at school function or on school property; searches; reports............................................................................................HB 860 Weapons prohibited on school property; include bludgeon-type instruments..........................................................................................HB 1100
SCOGGINS, NELSON O.; compensate..........................................................................HR 906
SCOTTISH BORDERS ENTERPRISE Invite chairman and chief executive to House...............................................................HR 822
SEARCHES AND SEIZURES Drug offenses; forfeited moneys; drug abuse education.............................................HB 1335 Motor vehicles used in certain crimes; seizure and forfeiture...................................HB 1424 Weapons; illegal possession; forfeiture..........................................................................HB 1337 Weapons used in commission of crime; destroy..........................................................HB 1328
SEARLES, ARTHUR CLARENCE; commend.........................................................HR 1246
SEAT BELTS Children underage 16.............................................................................................................SB 6 Safety belts in passenger vehicles; redefine to include pickup truck transporting minors..............................................................................HB 1486
SECRETARY OF STATE Building code violation; nonresident owner; service of process ................................HB 1820 Commerce and trade; Truth in Polling Act; enact........................................................HB 934 Communications.........................................................................................................Pages 2, 4, 5 Foreign limited liability partnership; provisions.........................................................HB 1813 Georgia Laws; distribution by request..........................................................................HB 1126 Georgia State Indemnification Commission; composition..........................................HB 1617 Securities; electronic filing system; state participation ..............................................HB 1727 Telemarketing; deceptive or abusive activities; prohibit; promulgate rules..............................................................................................................SB 567
SECURITIES Electronic filing system; state participation.................................................................HB 1727 State depositories; collateral to secure public deposits.................................................SB 602 Uniform Commercial Code; financing statement filings ............................................HB 1836
SEED ARBITRATION COUNCIL; provisions.........................................................HB 1641
SEIDL, ALBERT; commend.............................................................................................HR 837
SELLERS, LAURA; commend.........................................................................................HR 958
SELPH, SHIRLEY; compensate ......................................................................................HR 339
SENATE Adjourn 1/14/94; reconvene 1/24/94; adjourn 1/27/94; reconvene 2/1/94 ..................HR 658 Adjourn 2/11/94; reconvene 2/14/94................................................................................HR 896 Adjourn 2/11/94; reconvene 2/14/94.................................................................................SR 501 Adjourn 2/18/94; reconvene 2/21/94................................................................................HR 975 Adjourn 2/18/94; reconvene 2/21/94; remainder of session adjourn each Friday; reconvene each Monday...........................................................HR 941 Adjourn 2/25/94; reconvene 2/28/94.................................................................................SR 563 Adjourn 3/4/94; reconvene 3/7/94 ..................................................................................HR 1067 Adjourn 3/9/94; reconvene 3/14/94; adjourn 3/14/94; reconvene 3/16/94; adjourn sine die 3/16/94..................................................................................SR 600 Agencies; proposed rules; distribution..............................................................................SB 457 Bills and resolutions; profiling..........................................................................................HB 117

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INDEX

2971

SENATE (Continued) Bills and resolutions; prefiling...........................................................................................SB 203 Bills and resolutions; prefiling procedures .....................................................................HB 170 Bills and resolutions; use American English................................................................HB 1993 Bills; filing during interim.................................................................................................HB 188 Ethics Committee; application for issuance of subpoena...........................................HB 1594 Expenses and per diem........................................................................................................HB 80 Fees or honoraria................................................................................................................HB 448 Fiscal affairs subcommittees; four-year plans; Program Review Act; enact...........................................................................................HB 132 Fiscal affairs subcommittees; periodic review of programs; annual report................................................................................................HB 427 Four-year terms; four-term limit - CA..............................................................................HR 79 General bills; limit number by each member - CA.......................................................HR 194 Housing Affordability Impact Note Act; enact...............................................................SB 591 Jointly sponsored bills and resolutions............................................................................SB 444 Joint Regional Hospital Study Committee; create........................................................HR 664 Joint session; Governor's message....................................................................................HR 654 Joint session; Governor's message....................................................................................HR 657 Joint session; Governor's message; invite Supreme Court justices and Appeals Court judges...............................................................................HR 655 Joint session; message from the Chief Justice of Supreme Court..............................HR 656 Joint Special Education Reform Committee; create.....................................................HR 981 Joint Study Commission on Revenue Structure; re-create..........................................HR 662 Joint Study Committee on Environmental Education; create.....................................SR 512 Legislative information; availability through public computer network..................HB 1645 Legislative issues and policy; urge development of annual forum............................HR 1018 Limit number of consecutive terms; change terms - CA..............................................HR 702 Notify Governor; General Assembly convened ..............................................................HR 652 Notify Senate; House convened .......................................................................................HR 651 Proposed local bills; notice of intention; copy to governing authority .......................SB 607 Reapportion certain districts.............................................................................................SB 553 Require quorum for countable day - CA........................................................................HR 264 Special elections; General Assembly and congressional vacancies; time for holding..........................................................................................HB 1785 Staggered four-year terms - CA.........................................................................................HR 59 Synopsis of general laws; distribution; certain newspapers.......................................HB 1992 Term limits - CA................................................................................................................HR 708
"SENIOR WEEK AT THE CAPITOL"; declare February 8-10, 1994....................HR 886
SENTENCING Aggravated assault; redefine offense; include drive-by shooting...............................HB 1198 Convicted felon; juvenile court records; superior court access before sentencing.................................................................................................SB 559 Driving under the influence; count prior convictions when imposing penalties..............................................................................................HB 1315 Firearms; possession during commission of crime; mandatory sentence.................HB 1252 Forcible felony; third conviction; life without parole - CA..........................................HR 666 Rights of crime victims; provisions - CA........................................................................HR 812 Sentence Reform Act of 1994; enact ................................................................................SB 441 Violent crimes; mandatory minimum sentences; certain persons; life without parole - CA..................................................................................................SR 395
SEPTIC TANK SYSTEMS; amend provisions..........................................................HB 1658
SEQUOYAH HIGH SCHOOL LADY CHIEFS BASKETBALL TEAM; commend ............................................................................................................HR 1182

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2972

INDEX

SERGEANT RAY MCKIBBEN HIGHWAY; designate..........................................HR 730
SEXUAL OFFENSES Alcoholic beverages; prohibit certain conduct on premises where sold ...................HB 1775 Alcoholic beverages; prohibit sexually explicit conduct on premises where sold................................................................................................HB 1778 Amend provisions...............................................................................................................HB 666 Civil actions; limitation; childhood sexual abuse...........................................................HB 236 Criminal procedure; media coverage of certain trials; prohibitions............................HB 318 Definitions..........................................................................................................................HB 1331 Distribution of sexual materials to minors; exception to prohibition ......................HB 1897 Hotels and motels; post certain notice in guest rooms...............................................HB 1157 Parole; certain sex offenders; notify officials of address ............................................HB 1229 Prisons; residence of sex offenders; notification upon release...................................HB 1573 Prostitution; redefine offense..........................................................................................HB 2050 Sex offenders; registration; crime of failure to register.................................................SB 399 Sexual assault by religious counselor; definition; prohibition...................................HB 1487 Sexual Offender Registration Act; enact.......................................................................HB 1934 Statutory rape; change age................................................................................................HB 153 Torts; sexual harassment; right of action; limitation....................................................HB 994 Violent crimes; mandatory minimum sentences; certain persons; life without parole - CA..................................................................................................SR 395
SHAFER, DAVID J.; commend.....................................................................................HR 1163
SHAW, JO ANN; commend...............................................................................................HR 918
SHEAROUSE, MICHELLE; commend .........................................................................HR 719
SHEPHERD, ALBERT "BUBA", SR.; condolences................................................HR 1081
SHERIFFS Courts; certain judicial and county officials; legal counsel........................................HB 1122 Deposits in interest-bearing accounts............................................................................HB 1499 Fleeing or attempting to elude police officer; audible and visual signal.............................................................................................HB 1381 Jails; certain inmates; good-time allowances...................................................................SB 449 Legal defense; provisions...................................................................................................HB 343 Minimum salaries.............................................................................................................HB 1710 Parole; certain sex offenders; notify officials of address............................................HB 1229 Peace officers; training; include crimes against children ..............................................SB 494 Qualifications; amend provisions.......................................................................................SB 551 Retirement; former members; membership....................................................................HB 500 Retirement; increase contributions and benefits...........................................................HB 499 Sex offenders; registration; crime of failure to register.................................................SB 399 Sheriffs and deputies; bonds conditioned on faithful accounting.............................HB 1667 Superior courts; selection of bailiffs; provisions ............................................................HB 507 Traffic accident reports; increase property damage amount.....................................HB 1387 Traffic accident reports; submit to Public Safety Department................................HB 1386
SHERRILL, HONORABLE TOM; communication.................................................Page 923
SHIRLEY, JOANNE; commend ......................................................................................HR 916
SHUMAN, JACK WILSON; condolences.....................................................................HR 724
SIEMENS ENERGY AND AUTOMATION, CIRCUIT PROTECTION AND CONTROLS DIVISION, CANTON FACILITIES; commend ...............................................................................................HR 1029
"SIERRA LEONEANS DAY" IN GEORGIA; recognize April 27, 1994 ...............HR 758

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2973

SILVER-HAIRED LEGISLATURE; commend members........................................HR 717
SILVER RIGHTS MANIFESTO; proclaim .................................................................HR 993
SINGLETARY, RAYMOND C., JR.; commend .........................................................HR 680
SKANDALAKIS, MITCH; invite to House..................................................................HR 873
SKINNER, MYRON J.; commend ................................................................................HR 1191
SLOSHEYE TRAIL BIG PIG JIG Recognize as state's Official Barbecue Cooking Contest............................................HR 1094
SMITH, DR. WILLIAM EUGENE; condolences........................................................HR 700
SMITH, HONORABLE LARRY; committee vice-chairman; assignment...............Page 42
SMITH, JOHNNY C.; commend....................................................................................HR 1100
SMITH, MARK HENRY; commend ..............................................................................HR 838
SMITH-MURPHY CONFERENCE ROOM; designate ...........................................HR 660
SMITH, O. BRUTON; invite to House...........................................................................HR 821
SMITH, SERGEANT JOHNNIE W.; commend.........................................................HR 802
SMITH, WILLIAM C.; commend....................................................................................HR 998
SMITH, WILLIAM HENRY; condolences .................................................................HR 1255
SMOKEY BEAR; 50th anniversary; invite to House ....................................................HR 930
SM YRE, HONORABLE CALVIN; committee chairman; appointment .................Page 40
SN YPE, RAYMOND; condolences ..................................................................................HR 991
SOBACK, JAMES STANTON; commend..................................................................HR 1146
SOCIAL CIRCLE, CITY OF; city manager; provisions............................................HB 1876
SOCIAL SERVICES Ad valorem tax exemption; certain low-income housing - CA.....................................SR 407 Ad valorem tax exemption; certain low-income housing renovation - CA ................HR 775 Addiction counselors; scope of practice; exemption from licensure .........................HB 1330 Adult residential homes and assisted living facilities; regulate.................................HB 1930 Aid to dependent children; recovery; action by Department of Human Resources..............................................................................HB 1848 Aid to families with dependent children; initiative to promote work, education and family stability ....................................................HB 1746 Aid to families with dependent children; revise provisions ...........................................HB 85 Child abuse records; access by child-placing agencies ................................................HB 1322 Child abuse registry; hearing before accused's name is added..................................HB 1351 Children and youth; parental rights; certain termination..........................................HB 1492 Children and youth; placement; private family attention home..................................SB 548 Children and Youth Services Department; authority to enter into contracts .................................................................................................HB 1626 Community action agencies.............................................................................................HB 1725 County boards of family and children services; members..........................................HB 1290 Day-care centers; rule violations; release findings.......................................................HB 1552 Day-care centers; vans or buses; lighting requirements ...............................................HB 571 Day care; employee records check; alleged child abuser...............................................SB 468 Day-care facilities; prohibit smoking................................................................................SB 471

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2974

INDEX

SOCIAL SERVICES (Continued) Disabled persons; family and individual support plan; urge development............................................................................................................HR 808 Dispossessory proceedings; reports to Department of Family and Children Services.......................................................................................HB 723 Employees' Retirement; Indigent Defense Council.......................................................HB 192 Family and children services; county boards; amend provisions.................................SB 469 Family Caregiver Support Act; enact...............................................................................SB 648 Family-planning services; availability; every business day........................................HB 1735 Foster care parents; records check; potential adoptive and foster parents; training programs..........................................................................SB 442 Georgia Health Insurance Plan; enact...........................................................................HB 1306 Home health agencies; assessment for Indigent Care Trust Fund.............................HB 889 Human Resources Board; membership; practice of medicine ....................................HB 166 Human Resources Board; membership; prohibit certain lobbyists..........................HB 1481 Indigent and elderly health care; county liability.........................................................HB 339 Indigent defense; all actions and proceedings..............................................................HB 1254 Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care; create........................................HR 242 Medical assistance; breast-feeding equipment.............................................................HB 1972 Medical assistance; certain medicare recipients; prescription drugs..........................HB 778 Medical assistance; long-term care patients; personal needs allowance .....................SB 552 Medical assistance; voucher program for private health care .....................................HB 601 Medical assistance; voucher program for private health care ...................................HB 1009 Nursing homes; imposition of remedial measures; review..........................................HB 1524 Office of State Administrative Hearings; create..........................................................HB 1443 Potential adoptive or foster parents; training program; payment ............................HB 1620 Prescription drug reimbursement; certain disabled persons and elderly.................HB 1555 Public assistance; electronic transfer of benefits...........................................................HB 615 Public assistance; food stamps; electronic transfer of cash equivalent......................HB 892 Public assistance recipients; register to vote requirement...........................................HB 387 Smoking in child care facilities; prohibit......................................................................HB 1358 Unclaimed or indigent bodies; cremation.....................................................................HB 1850 Work for Welfare Program; establish...............................................................................SB 464
SOLID WASTE Antifreeze; prohibitions .....................................................................................................HB 209 Business Expansion Support Act of 1994; enact; job tax credit...............................HB 1527 Disposal facility; increase surcharge..............................................................................HB 1717 Disposal site; approval of electors....................................................................................HB 560 Hazardous waste; management costs and fees; variances; cement kiln ......................SB 432 Income tax credit; recycling manufacturing facility......................................................HB 587 Management; regional authorities; membership..........................................................HB 1750 Municipal reduction; exemption.......................................................................................HB 433 Permits; certain facilities; approval by referendum....................................................HB 1722 Permits; certain facilities; extend date............................................................................HB 215 Permits; limitations on modification; exception..........................................................HB 1435 Public debt; certain facilities............................................................................................HB 849 Recycling Market Development Incentives Act; enact ...............................................HB 1430 Service reduction and recycling; requirements..............................................................HB 367 Solid waste and hazardous waste management; date for regulations; packaging prohibition; funding corrective action...............................HB 1521 Special county 1 percent sales tax; solid waste or recovered materials facilities.......................................................................................HB 1704 Tires; collection of fee on new tire sales; compensation.............................................HB 1276 Vehicle stopping on road; exception to prohibition; municipal solid waste transport......................................................................................................HB 879 Yard trimmings; disposal...................................................................................................HB 624

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INDEX

2975

SONS OF CONFEDERATE VETERANS Commend.............................................................................................................................HR 578 Georgia Division; commend ..............................................................................................HR 399
SOUTH FULTON DEMOCRATIC CLUB; commend .............................................HR 740
SOUTH GEORGIA JUDICIAL CIRCUIT Add judge.............................................................................................................................HB 620 Decatur County and Mitchell County Superior Courts; change terms....................HB 1311
SOUTH GWINNETT HIGH SCHOOL FOOTBALL TEAM; commend............HR 800
SOUTHEAST BULLOCH HIGH SCHOOL; commend...........................................HR 789
SPALDING COUNTY Board of commissioners; districts ..................................................................................HB 1370 Chief magistrate; nonpartisan.........................................................................................HB 2044 Griffin-Spalding County School District; ad valorem tax; homestead exemption...........................................................................................HB 2046 Griffin-Spalding County School System; reference corrections................................HB 1410 Homestead exemption; certain residents......................................................................HB 2045 Probate court judge; nonpartisan...................................................................................HB 2043
SPEAKER OF THE HOUSE Communications...............................................................Pages 3, 6, 40, 41, 42, 43, 44, 45, 219
SPEARS, FRANK G.; commend....................................................................................HR 1088
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS Licensing exemption...........................................................................................................HB 381
SPIRIT OF LOVE CHRISTIAN CENTER; recognize...........................................HR 1232
SPORTS Alcoholic beverages; sales by coliseum authorities........................................................HB 131 Alcoholic beverages; Sunday sales during certain hours; consumption on premises; coliseum authorities..........................................................SB 314 Business licenses; exempt certain Olympic and Paralympic persons..........................SB 414 Clayton County Olympic Coordinating Committee; support; endorse bid for 1996 Women's Fast-Pitch Softball Event......................................................HR 149 Equitable Restrooms Act; enact.....................................................................................HB 1644 Georgia Sports Hall of Fame Authority; create...........................................................HB 1187 Golf Hall of Fame Board; amend membership provisions.........................................HB 1906 Hotels and motels; room rates during Olympics; prohibitions..................................HB 1357 Metropolitan Atlanta Olympic Games Overview Committee; create ...........................HR 63 Olympics; law enforcement and security; commissioner of public safety................HB 1295 Public events; handicapped seating; provisions...........................................................HB 1155 Public stadium; mascot; breach of contract.................................................................HB 1940 Quality basic education; local school systems; equal athletic opportunities.....................................................................................................HB 829 Sales tax exemption; certain sales by certain schools...................................................HB 549 Sales tax exemption; certain sales by schools................................................................HB 562 Sales tax exemption; school fund-raisers........................................................................HB 102 Sales tax exemption; school fund-raisers........................................................................HB 512 Sports Hall of Fame Board; nonprofit corporation statutes; applicability...................................................................................................HB 1936 Ticket sales; prohibit scalping; specify service charges on advertisements...........................................................................................HB 1225 Ticket scalping; prohibit..................................................................................................HB 1285 Torts; volunteer physicians; team physical...................................................................HB 1200

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2976

INDEX

ST. MATTHEW'S EPISCOPAL CHURCH; commend............................................HR 949
ST. PETER'S A.M.E. CHURCH IN SAVANNAH; commend .............................HR 1254
STALKING AND AGGRAVATED STALKING Define offenses....................................................................................................................HB 133 Define offenses....................................................................................................................HB 863 Define offenses; conditions for pretrial release................................................................HB 37 Define offenses; notify victim of offender's release.......................................................HB 401 Redefine .............................................................................................................................HB 1571 Redefine.............................................................................................................................HB 1572
STANCIL, HONORABLE FRANK; committee vice-chairman; appointment.......Page 41
STATE COURTS OF COUNTIES Civil practice; transfer of actions from superior court...................................................HB 43 County and state ordinances; violations; maximum fine..............................................HB 896 Election of judges ...............................................................................................................HB 136 Juries; civil actions; dollar amount..................................................................................HB 200 Juries; civil actions; dollar amount.....................................................................................SB 62 Municipal courts; criminal trespass; jurisdiction.........................................................HB 1460 Solicitor; change to solicitor general..............................................................................HB 1657
STATE EMPLOYEES Certain part-time officials; transacting business with state ........................................HB 225 Employees' Retirement; Agrirama Development Authority; creditable service ............................................................................................................HB 685 Employees' Retirement; assets; change gender specific references...........................HB 1779 Employees' Retirement; certain agricultural commodity commission employees; service credit..........................................................................HB 959 Employees' Retirement; certain benefits; certain persons.........................................HB 1576 Employees' Retirement; certain Corrections Department employees; 55 years ......................................................................................................HB 1165 Employees' Retirement; certain county probation and intake employees; transfer credit .............................................................................................HB 671 Employees' Retirement; certain county transfer to Department of Children and Youth Services; membership.............................,.....HB 1063 Employees' Retirement; certain employees of county departments of family and children services; service credit..................................HB 1153 Employees' Retirement; certain hospital authorities; service credit....................................................................................................................HB 807 Employees' Retirement; certain judicial secretaries; creditable service ............................................................................................................HB 633 Employees' Retirement; certain judicial secretaries; prior service cost.............................................................................................................HB 729 Employees' Retirement; certain military service credit................................................HB 158 Employees' Retirement; certain military service credit.............:................................HB 1129 Employees' Retirement; certain military service credit..............................................HB 1161 Employees' Retirement; certain persons; retire after 20 years..................................HB 1132 Employees' Retirement; certain pilots; additional credit...........................................HB 1086 Employees' Retirement; certain prior county service; credit.....................................HB 1104 Employees' Retirement; certain troopers; 25 years service..........................................HB 662 Employees' Retirement; change language.......................................................................HB 705 Employees' Retirement; creditable service; forfeited leave............................................HB 88 Employees' Retirement; creditable service; forfeited leave..........................................HB 260 Employees' Retirement; creditable service; forfeited leave........................................HB 1160 Employees' Retirement; death of retired member; payment of allowance................HB 670 Employees' Retirement; Indigent Defense Council.......................................................HB 192

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2977

STATE EMPLOYEES (Continued) Employees' Retirement; Lake Lanier Islands Development Authority; membership ..........................................................................SB 377 Employees' Retirement; membership; Georgia Music Hall of Fame Authority employees..............................................................................HB 632
Employees' Retirement; postretirement benefit adjustment .......................................HB 925 Employees' Retirement; postretirement benefit adjustment.....................................HB 1101 Employees' Retirement; spousal benefits......................................................................HB 1144 Employees' Retirement; temporary disability; service credit......................................HB 419 Employees' Retirement; 32 years of service...................................................................HB 709 Employees' Retirement; 33 years of service...................................................................HB 708 Employees' Retirement; Vietnam service credit..........................................................HB 1111 Health insurance; contract with county; part-time employees....................................HB 772 Inspector general; create office - CA.................................................................................HR 14 Involuntary separation benefits; actuarial costs............................................................HB 521 Involuntary separation; job position remain unfilled....................................................HB 956 Mass transit employee benefit; provisions......................................................................HB 667 Merit system; sick leave; provisions ...................................................................................SB 53 Mileage rate; personal vehicle...........................................................................................HB 351 Office of Planning and Budget; develop plan to downsize government .........................SR 9 Payroll deductions; certain not-for-profit organizations ............................................HB 1455 Payroll deductions; eligible voluntary charitable organization..................................HB 1439 Personnel expense; request plan to reduce.....................................................................HR 384 Procurement Integrity Act; enact....................................................................................HB 435 Public Employees Labor Relations Act; enact.................................................................HB 99 Public retirement systems; certain military service
credit; amend provisions................................................................................................HB 902 State Productivity Council; create.................................................................................HB 1551
STATE GOVERNMENT Administrative hearing officers; domestic relations.......................................................SB 555 Administrative procedure; hearings in contested cases...................................................SB 77 Administrative procedure; proposed rules; economic impact....................................HB 1475 Agencies; proposed rules; General Assembly distribution.............................................SB 457 Agrirama; designate as "Georgia's Living History Museum"......................................HB 890 Appointments; state-wide representation; express intent to ensure.............................HR 80 Attorney General; employment of private counsel........................................................HB 101 Budget estimates; five-year plans; Agency Review Act; enact.........................................SB 5 Budget planning; certain projects; privatization feasibility..........................................SB 427 Budgetary processes; amend provisions..........................................................................HB 923 Budgetary Responsibility Act of 1993; enact...................................................................HB 41 Certain grants; transfer administration to Environmental Facilities Authority...........................................................................HB 1262 Certain part-time officials; transacting business with state ........................................HB 225 Certificate of need; home health agencies; delete certain provisions .........................HB 816 Civil Rights Act of 1994 - CA.........................................................................................HR 1174 Clark Harrison State Office Building; designate............................................................SR 248 Coastal Georgia International and Maritime Trade Center; provisions .....................SB 415 Commission on Women; per diem allowance...................................................................HB 68 Community Affairs, Department of; contracts with college consortiums ................HB 1523 Community Affairs, Department of; grants; condition...............................................HB 1392 Community service boards; county departments of health and family and children services; unemployment compensation, workers' compensation, and liability coverage .........................................................HB 1921 Contracts; minority business participation.....................................................................HB 675 Contracts; minority business participation......................................................................SB 207 Decentralization of state government; provisions........................................................HB 1810 Department of Buildings; create....................................................................................HB 1366

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2978

INDEX

STATE GOVERNMENT (Continued) Division of Energy Resources; create within Environmental Facilities Authority...........................................................................HB 1263 Economic parity assessment; authorize study by Department of Audits and Accounts .................................................................................................HR 770 Economic parity assessment; authorize study by Department of Audits and Accounts .................................................................................................HR 776 Elected officials of state and U. S. Congress; term limitations - CA...........................HR 11 Elected officials of state; term limitations - CA.................................................................SR 5 Employees; mileage rate; personal vehicle......................................................................HB 351 Employment in more than one branch; exception to prohibition ..............................HB 668 Fair and Open Grants Act of 1993; enact.........................................................................HB 18 Fair and Open Grants Act of 1993; enact.........................................................................HB 36 Fair and Open Grants Act of 1993; enact............................................................................SB 4 Federal funds for federally mandated programs; urge Congress propose constitutional amendment.............................................................HR 260 Federally mandated programs; urge federal funding....................................................HR 661 General Assembly; compensation and allowances; certain judges and certain members of states boards and bodies; per diem ................................HB 1478 Georgia and South Carolina boundary; survey and mapping.......................................SB 572 Georgia Building Authority; method of borrowing money...........................................HB 161 Georgia Civil War Commission; create............................................................................HB 997 Georgia Crime Information Center; centralized records; public access....................HB 1708 "Georgia"; designate official state poem.........................................................................HB 783 Georgia Laws; distribution by request..........................................................................HB 1126 Georgia State Museum and State Library Study Commission; create ......................HR 962 Golf Hall of Fame Board; amend membership provisions.........................................HB 1906 Health insurance plans; assignment of benefits...........................................................HB 1278 Housing and finance; law enforcement officers; certain high crime areas...............................................................................................HB 1575 Inspector general; create office - CA.................................................................................HR 14 Involuntary separation benefits; actuarial costs............................................................HB 521 Involuntary separation; job position remain unfilled....................................................HB 956 Joint Committee on State and Local Bonded Indebtedness; create .............................SR 37 Joint Study Committee on Privatization of Certain Governmental Services; create......................................................................................HR 150 Local governments; state mandated programs; funding - CA.......................................HR 10 Local governments; state mandated programs; 90 percent state funding - CA..........................................................................................................HR 262 Local governments; state mandated programs; 90 percent state funding - CA..........................................................................................................HR 659 Local governments; state mandated programs; urge General Assembly provide state funds.......................................................................................HR 261 Lottery Commission; former employees; prohibit certain contracts.........................HB 1355 Lottery Corporation; certain contract information; confidentiality..........................HB 1346 Lottery Corporation; competitive bidding....................................................................HB 1360 Lottery Corporation; duties and powers; amend.........................................................HB 1169 Lottery; educational programs; include certain pre-kindergarten ............................HB 2017 Lottery for education; redefine educational purposes and programs..........................SB 437 Lottery; lien against winnings by state agencies ...........................................................HB 724 Lottery; net proceeds; monthly transfers and reports...................................................SB 594 Lottery prizes; setoff debt collection; public assistance.............................................HB 1316
Lottery proceeds and appropriations; budget report.....................................................SB 595
Lottery proceeds; appropriation for education; amend provisions..............................SB 100
Lottery proceeds; disposition; continuation of projects.................................................SB 710
Lottery proceeds; requests for appropriations; require lists.........................................SB 593
Lottery proceeds; scholarship shortfall reserve subaccount..........................................SB 711

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2979

STATE GOVERNMENT (Continued) Lottery proceeds; shortfall reserve subaccount; provisions...........................................SB 452 Lottery retailers; contract revocation; sales to minors ...............................................HB 1663 Lottery retailers; qualifications ......................................................................................HB 1379 Lottery tickets; certain sale or advertising; prohibit.....................................................HB 767 Lottery tickets; sales by machine; limitation...............................................................HB 1385 Lottery tickets; sales by machine; limitation...............................................................HB 1503 Lottery tickets; sales on Sundays and Christmas day; prohibit................................HB 1174 Lottery; unclaimed prizes; gifts; sales to minors.........................................................HB 1495 Motor Vehicles Board, Department, and commissioner; create................................HB 1151 Natural Resources Department; transactions with state agencies; exception to prohibition..............................................................................HB 1651 Negotiated contracts; cooperative hospital services organizations............................HB 1991 Noncompetition by Government Act; enact.................................................................HB 1922
Office of Planning and Budget; annual continuation budget report; provisions................................................................................................SB 188
Office of Planning and Budget; develop plan to downsize government.........................SR 9 Office of Planning and Budget; federal grant information system..............................SB 619 Office of State Administrative Hearings; create..........................................................HB 1443 "Old Georgia Land"; designate official state poem.........................................................HB 91 Open meetings and open records; certain health care facilities..................................HB 852 Open meetings and open records; certain hospitals......................................................HB 777 Open meetings; Pardons and Paroles Board; inspection of votes..................................SB 64 Open meetings; repeal certain penalty provisions.........................................................HB 903 Open records; certain administrative proceedings; approval.......................................HB 822 Open records; exempt trade secret..................................................................................HB 535 Open records law; applicability to public records.......................................................HB 1313 Peanut; designate official state crop..............................................................................HB 1798 Personnel expense; request plan to reduce.....................................................................HR 384 Private property; regulatory taking; compensation.....................................................HB 1343 Privatization Review Act; enact........................................................................................SB 260 Procurement Integrity Act; enact....................................................................................HB 435 Property; proposed state acquisitions and leases; reports ................................................SB 8 Public debt; solid waste; certain facilities ......................................................................HB 849 Public stadium; mascot; breach of contract.................................................................HB 1940 Publicly funded program; prohibit discrimination......................................................HB 1510 Purchasing; certain acquisitions; regulate..............................................................'.........HB 851 Regional development centers; amend provisions.......................................................HB 1482 Regional development centers; ratify certain transfers................................................HR 360 Regional development centers; territorial boundaries ................................................HB 1178 Regulatory authority over alcoholic beverages; confirm - CA.....................................HR 894 Regulatory power over alcoholic beverages; delegation to
counties and municipalities for regulation of nude dancing - CA..........................HR 709 Roadway lighting; urge use of technology to
minimize glare, light trespass, and sky glow................................................................HR 62 Sovereign immunity; limited waivers; liability.............................................................HB 2061 State agencies; include term "multiracial" on forms requesting
racial identification..........................................................................................................SB 149 State appropriations; limitations on expenditures - CA...............................................HR 732
State depositories; certain securities; collateral to secure public deposits ................................................................................................SB 602
State employees; payroll deductions; certain not-for-profit organizations.........................................................................................HB 1455
State employees; payroll deductions; eligible voluntary charitable organization.................................................................................................HB 1439
State flag; change design.....................................................................................................HB 57
State flag; change design...................................................................................................HB 160

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2980

INDEX

STATE GOVERNMENT (Continued) State flag; change design...................................................................................................HB 794 State flag; change design ......................................................................................................SB 71 State flag; change design; referendum.............................................................................HB 356 State Flag Commission; create ...........................................................................................HR 15 State flag; description - CA ..............................................................................................HR 747 State flag; design; repeal certain provisions.................................................................HB 1440 State flag; required display; public buildings.................................................................HB 637 State Government Reorganization Commission; create - CA......................................HR 806 State health insurance system; General Assembly provide by general law - CA.........................................................................................HR 401 State Marketing in the Public Interest Act; enact......................................................HB 1362 State or local bonded indebtedness; private legal counsel; selection by competitive bidding...................................................................HB 740 State Productivity Council; create.................................................................................HB 1551 State Properties Commission; amend provisions.........................................................HB 1616 State purchasing; competitive bids; minority business...............................................HB 1755 State symbols; designate English as official state language .........................................SB 127 State Tollway Authority; change name; amend provisions...........................................SB 328 Statewide telecommunications network; certain retirees .............................................HB 589 Stationery include telephone numbers..............................................................................HB 82 Telephones; disbursements from Universal Service Fund for 16 mile calling radius expenses.....................................................................................HB 676 Transportation Department; contract requirements; waiver of limitations.....................................................................................................HB 1522 Urge purchase of American made goods.........................................................................HR 288
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STATE SYMBOLS English; designate official state language........................................................................SB 127 Peanut; designate official state crop..............................................................................HB 1798
STEVENSON, AUTUMN; commend.............................................................................HR 695
STEWART COUNTY; education districts...................................................................HB 1614
STEWART, KATHERINE;commend............................................................................HR 693
STEWART MIDDLE SCHOOL FOOTBALL TEAM; commend.........................HR 681
STOCKBRIDGE HIGH SCHOOL NAVAL JUNIOR RESERVE OFFICERS' TRAINING CORPS; invite to House.................................................HR 772
STONE MOUNTAIN JUDICIAL CIRCUIT; add judge.........................................SB 232
STROZIER, RUTH; commend .........................................................................................HR 978
SUGAR HILL, CITY OF Corporate limits................................................................................................................HB 1933 Homestead exemption; certain residents......................................................................HB 2026
SULLIVAN, JOSEPH C.; commend ..............................................................................HR 833
SUMTER COUNTY Board of commissioners; compensation.........................................................................HB 1948 Board of education; compensation.................................................................................HB 1607 Education districts............................................................................................................HB 1890

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2981

SUPERIOR COURTS Ad valorem tax executions; issuance; recording..............................................................SB 534 Administrators; compensation..........................................................................................HB 628 Alternative locations for holding sessions.....................................................................HB 1483 Bailiffs; selection.................................................................................................................HB 507 Boards of equalization; unsatisfactory decision; arbitration......................................HB 1656 Certain federal lawsuit; urge Governor refrain from settling........................................HR 52 Civil practice; transfer of actions to state court..............................................................HB 43 Clerks; appeal; collect fee before filing............................................................................SB 486 Clerks; minimum annual salaries.....................................................................................HB 992 Clerks; payment for duties in another court....................................................................HB 53 Clerks; records; requirements............................................................................................SB 456 Clerks Training Council; amend provisions ....................................................................SB 455 Commission to Study Family Courts; create..................................................................HR 848 Convicted felon; juvenile court records; superior court access before sentencing.......................................................................................SB 559 Court reporters; disqualification for interest; contracts for service..........................HB 1321 Election of judges ...............................................................................................................HB 136 Elections; delivery of returns............................................................................................HB 396 Grand juries; duties and powers; amend provisions....................................................HB 1190 Judges and district attorneys; compensation ...............................................................HB 1395 Judges; nonpartisan elections; plurality; ballots..........................................................HB 1026 Judges Retirement; cost of living increase....................................................................HB 1586 Judges Retirement; postretirement benefits; retirement age.....................................HB 1019 Judges Retirement; prior service credit............................................................................HB 51 Judges Retirement; spousal benefits ...............................................................................HB 501 Judges Retirement; spousal benefits ................................................................................SB 253 Maps and plats; recordation; specifications..................................................................HB 1458 Senior court reporter; create office..................................................................................HB 656 Senior judge; repeal prohibition against holding public office or practicing law...................................................................................................HB 147 Senior judge; repeal prohibition against practicing law or holding public office...........................................................................................HB 148 State Commission on Judicial Compensation; General Assembly create by law CA............................................................................................SR 456 Superior Court Clerk's Cooperative Authority; membership .......................................SB 676 Superior Court of Early County; change terms; certain superior court sessions; alternative locations ...........................................................HB 1715 Tax assessments; appeals to superior court; utilize county appraisal staff.....................................................................................................HB 683 Uniform Commercial Code; financing statement filings ............................................HB 1836
SUPREME COURT Filling of vacancies - CA ...................................................................................................HR 674 Joint session; Governor's message; invite justices and Appeals Court judges.....................................................................................................HR 655 Joint session; message from the Chief Justice...............................................................HR 656 Justices; compensation.....................................................................................................HB 1398 Justices; election.................................................................................................................HB 136 State Commission on Judicial Compensation; General Assembly create by law - CA.........................................................................................SR 456
SUWANEE, CITY OF; corporate limits.......................................................................HB 1947
SWAINSBORO HIGH SCHOOL BAND OF GOLD; commend ...........................HR 718
SWAMP GRAVY; designate Official Folklife Play........................................................HR 791
SWAMP (SOLID WASTE MANAGEMENT PLAN) KIDS OF FRANKLIN COUNTY; commend...............................................................................HR 742

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2982

INDEX

T

T. P. RAMSEY BRIDGE; designate................................................................................SR 453
TALBOT COUNTY Board of commissioners; districts ..................................................................................HB 1113 Deputy sheriffs; compensation ..........................................................................................SB 726
TALIAFERRO COUNTY Commission districts........................................................................................................HB 1846 Greene-Taliaferro Tigers football team; invite to House.............................................HR 675
TANNER, WAIDE POSTON; commend.....................................................................HR 1266
TATTNALL COUNTY; grant easement.........................................................................SR 463
TATTOOING Minimum age; permit provisions; local regulation.........................................................SB 517 Near eye; exemption from restrictions..........................................................................HB 2053
TAXATION AND REVENUE Ad valorem and income tax relief for elderly; General Assembly establish - CA.................................................................................HR 746 Ad valorem tax; advertisement of certain increases........................................................HB 65 Ad valorem tax; aircraft; return in primary home base county................................HB 1654 Ad valorem tax; appeal of final assessment; public utilities......................................HB 1245 Ad valorem tax; appeals; payment of portion of assessments.....................................HB 390 Ad valorem tax; assessment appeal; arbitration as alternate method......................HB 1504 Ad valorem tax; assessment appeal'; temporary tax bill.............................................HB 1207 Ad valorem tax; assessment increase or decrease; notice .............................................HB 315 Ad valorem tax; assessment on appeal; base increase on Consumer Price Index - CA....................................................................................HR 964 Ad valorem tax; assessments; amend appeal provisions................................................SB 296 Ad valorem tax; assessments; appeals to superior court; utilize county appraisal staff.....................................................................................................HB 683 Ad valorem tax; assessments; change provisions regarding protest............................HB 266 Ad valorem taxation of farm equipment; general Assembly provide by law - CA.....................................................................................HR 609 Ad valorem tax; certain counties and municipalities; installment payments...................................................................................................HB 1581 Ad valorem tax; certain reports; amend provisions.......................................................HB 221 Ad valorem tax; conservation use property; covenants ..............................................HB 1761 Ad valorem tax; conservation use property; current use assessment ...........................HB 60 Ad valorem tax; conservation use property; limited-duration covenants ................HB 1760 Ad valorem tax; conservation use property; transfers................................................HB 1246 Ad valorem tax; enterprise zones; certain tax treatment; General Assembly provide by law - CA......................................................................HR 240 Ad valorem tax; enterprise zones; certain tax treatment; General Assembly provide by law - CA.......................................................................SR 206 Ad valorem tax; enterprise zones; class; General Assembly provide by local law........................................................................................................HB 434 Ad valorem tax; enterprise zones; class; General Assembly provide by local law ........................................................................................................SB 166 Ad valorem tax executions; issuance; recording..............................................................SB 534 Ad valorem tax; exempt blueberry plants......................................................................HB 664 Ad valorem tax; exempt certain low-income housing - CA ..........................................SR 407 Ad valorem tax; exempt certain low-income housing renovation - CA......................HR 775
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INDEX

2983

TAXATION AND REVENUE (Continued) Ad valorem tax; exempt certain property of veterans organizations........................HB 1297 Ad valorem tax; exempt certain veterans organizations; referendum......................HB 1170 Ad valorem tax; fair market value; current use property; timber..............................HB 906 Ad valorem tax; fair market value of property; define.................................................HB 175 Ad valorem tax; homestead exemption application date; prohibit certain appraisers from serving on board of tax assessors ........................SB 472 Ad valorem tax; homestead exemption; waiver..............................................................HB 835 Ad valorem tax; increase state levy - CA........................................................................HR 243 Ad valorem tax; limitation on increases - CA................................................................HR 728 Ad valorem tax; local government exempt property used for economic development - CA...................................................................................HR 132 Ad valorem tax; millage rates; amend provisions........................................................HB 1251 Ad valorem tax; mobile homes; classification ..............................................................HB 1140 Ad valorem tax; motor vehicle registration; penalty for false information ......................................................................................HB 1214 Ad valorem tax; payment by credit card........................................................................HB 513 Ad valorem tax proceeds; counties and municipalities share; regional facilities development - CA............................................................................SR 203 Ad valorem tax; real property; hospital authorities......................................................HB 674 Ad valorem tax; recreational personal property; taxable situs....................................HB 478 Ad valorem tax; refunds; sales price less than assessed value.....................................HB 616 Ad valorem tax; separate class for redevelopment - CA..............................................HR 663 Ad valorem tax; state levy; repeal certain provisions.................................................HB 1412 Ad valorem tax; taxpayer and board of equalization assessment disputes; arbitration...................................................................................HB 684 Ad valorem tax; unpaid taxes; final settlement period ................................................HB 567 Ad valorem tax; valuations established by appeal; subsequent years......................HB 1196 Adult residential homes and assisted living facilities; regulate.................................HB 1930 Aid to families with dependent children; initiative to promote work, education and family stability....................................................HB 1746 Appraisers; certain service as tax assessor; prohibit...................................................HB 1693 Bills raising revenue; approval by voters - CA................................................................HR 12 Boards of equalization; assessment appeals ...................................................................HB 253 Boards of equalization; assessment appeals .................................................................HB 1436 Boards of equalization; instructional requirements.....................................................HB 1506 Boards of equalization; taxpayer appeals; written decisions.......................................HB 328 Boards of equalization; taxpayer appeals; written decisions .......................................HB 736 Boards of equalization; unsatisfactory decision; arbitration......................................HB 1656 Business Expansion Support Act of 1994; enact; job tax credit...............................HB 1527 Certain motor vehicle sales to nonresidents; repeal sales tax exemption........................................................................................................HB 219 Coin operated amusement machines; license and permit fees; repeal certain repealer ...................................................................................................HB 800 Coin operated amusement machines; license fee...........................................................HB 788 Coin operated amusement machines; licensing; exemption.........................................HB 263 Coin operated amusement machines; master license fees..........................................HB 1630 Conservation use property; certain transfers ...............................................................HB 1438 Conservation use property; environmentally sensitive area.......................................HB 1467 Contesting proposed assessment or license fee..............................................................HB 268 Contracts; petroleum products; federal tax reimbursement........................................HB 891 Corporations; officers' liability for tax penalty or interest..........................................HB 272 County solid minerals severance tax; provisions .........................................................HB 1973 Education; change funding from ad valorem tax to sales and use tax - CA...............................................................................................................HR 90 Education funding; one percent local option sales tax - CA.......................................HR 673 Education funding; repeal ad valorem tax and impose three percent sales tax - CA.........................................................................................HR 703

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2984

INDEX

TAXATION AND REVENUE (Continued) Education funding; two percent sales tax; limit increase of millage rate - CA........................................................................................HR 672 Eminent domain; condemnation award; set off by tax liens.......................................HB 989 Energy resources; Tax Disclosure Act; enact...............................................................HB 1156 Excise tax; certain food service establishments.............................................................HB 578 Excise tax; cigarettes; increase .......................................................................................HB 1007 Excise tax; lottery ticket sales............................................................................................HB 56 Excise tax; tobacco products other than cigars and cigarettes....................................HB 681 Executions; transferees ......................................................................................................HB 563 Extraordinary Property Tax Relief Law for the Elderly; enact................................HB 1434 Federal retirement income; claim for refund...............................................................HB 1336 Federal tax imposition; effective date; urge United States Constitutional convention.................................................................................HR 938
Federal tax imposition; effective date; urge United States Constitutional convention..................................................................................SR 517
Firemen's Pension; definitions; clarify certain tax exemption..................................HB 1776 General bills raising revenue; two-thirds vote required - CA........................................HR 92 General bills raising revenue; two-thirds vote required - CA........................................HR 95 General bills raising revenue; two-thirds vote required - CA......................................HR 193 Governmental entities; millage rate; advertisement; hearing......................................HB 554 Homestead exemption; certain excess assessed value; certain residents ....................SB 394 Homestead exemption; certain veterans killed in
conflict; surviving spouse.............................................................................................HB 1548 Homestead exemption; urge study by Joint Study
Commission on Revenue Structure..............................................................................HR 422 Homestead exemptions; local laws for proposing
or increasing; procedures.............................................................................................HB 1646 Hotel and motel tax; aviation museum; bicycle or
pedestrian trails within historic districts..................................................................HB 1241 Hotel and motel tax; change rates.................................................................................HB 1941 Hotel and motel tax; pedestrian walks and trails .........................................................HB 208 Income tax computation; change tables........................................................................HB 1634 Income tax; confidentiality of returns; exception..........................................................HB 273 Income tax credit; builders of handicapped accessible residences............................HB 1811 Income tax credit; certain builders; handicapped standards.....................................HB 1685 Income tax credit; child care or dependent care expenses...........................................HB 438 Income tax credit; physicians practicing in rural counties ........................................HB 1766 Income tax credit; recycling manufacturing facility......................................................HB 587 Income tax deduction; interest on certain motor vehicle loans ..................................HB 901 Income tax; dependent exemption; retirement income exclusion ...............................HB 596 Income tax; dependent exemption; retirement income exclusion.............................HB 1272 Income tax; fraudulent underpayment; amend provisions...........................................HB 271 Income tax; increase personal exemption.......................................................................HB 348 Income tax; lottery prizes; taxable net income of nonresidents................................HB 1368 Income tax; personal exemption; increase....................................................................HB 1291 Income tax; severance of solid minerals........................................................................HB 1759 Income tax; taxable nonresident......................................................................................HB 803 Income tax; underpayment and overpayment; interest..............................................HB 1797 Income tax withholding; certain lottery prizes............................................................HB 1369 Income tax withholding; employer's liability.................................................................HB 312 Income tax; withholding requirements; periodic payments.......................................HB 1363
Intangible personal property tax; repeal.......................................................................HB 1891
Intangible property tax; confidentiality of digest; exception.......................................HB 267
Intangible property tax; repeal.......................................................................................HB 1248
Intangible recording tax; certain counties; collection .................................................HB 1642
Intangible tax; computer software...................................................................................HB 398

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INDEX

2985

TAXATION AND REVENUE (Continued) Island property; removal from certain industrial area - CA.........................................SR 509 Jekyll Island--State Park Authority; ad valorem tax exemption; leasehold interest...............................................................................HB 1461 Jeopardy tax assessments; taxpayer leaving jurisdiction; bond ................................HB 1675 Joint Committee on State and Local Bonded Indebtedness; create.............................SR 37 Joint county and municipal sales tax; certificates for distribution of proceeds.........................................................................................HB 1489 Joint development authorities; job tax credits ............................................................HB 1764 Joint Study Commission on Revenue Structure; re-create............................................HR 91 Joint Study Commission on Revenue Structure; re-create..........................................HR 662 Land-disturbing activities; deny permit; past due ad valorem taxes .......................HB 1605 Local governments; certain expenditures and certain tax increases; General Assembly limit by law - CA....................................................HR 89 Local governments; expenditures and increases; General Assembly limit by law - CA...........................................................................HR 874 Local governments; state mandated programs; funding - CA.......................................HR 10 Local governments; state mandated programs; 90 percent state funding - CA..........................................................................................................HR 262 Local governments; state mandated programs; 90 percent state funding - CA..........................................................................................................HR 659 Local governments; state mandated programs; urge General Assembly provide state funds.......................................................................................HR 261 Local income tax; referendum to impose; revise provisions ........................................HB 742 Local option sales tax without decrease in property tax; provide - CA ....................HR 428 Local sales tax; funding for homestead exemptions; special districts......................HB 1222 Local sales tax; limitation; exempt MARTA..................................................................HB 181 Local sales tax; prohibitions; exception ..........................................................................HB 861 Local school systems; educational enrichment tax; authori2e - CA ...........................HR 116 Local Tax Amnesty Program Act; enact.........................................................................HB 441 Mobile homes; transporting to another county; decal..................................................HB 561 Mobile homes; transporting to another county; decal...................................................SB 209 Motor fuel tax; additional 5 cents per gallon - CA.......................................................HR 269 Motor fuel tax; appropriate for transportation system - CA.......................................HR 271 Motor fuel tax; compressed petroleum gas; gallon equivalent .....................................SB 141 Motor fuel tax; counties and municipalities; special districts.....................................HB 186 Motor fuel tax; exemption certificates; certain sales..................................................HB 1517 Motor fuel tax; increase.....................................................................................................HB 785 Motor fuel tax; urge use for any transportation purpose.............................................HR 270 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Motor vehicle license fees; decrease...............................................................................HB 1171 Motor vehicle sales; exempt sales tax; impose ad valorem tax...................................HB 799 Motor vehicles; certain casual sales; sales tax exemption ............................................HB 640 Motor vehicles; certain trailers; permanent license plates .........................................HB 1342 Motor vehicles; state-wide staggered registration........................................................HB 1914 Motor vehicles; title transfer; waive penalty and interest..........................................HB 1205 Natural Disaster Relief Fund; establish........................................................................HB 1705 Occupation tax; levy by counties and municipalities; clarification...........................HB 1613 Occupation tax; practitioner's office; certain contractors.............................................HB 154 Personal property; intangible tax; change rate............................................................HB 1413
Personal property; tax exemption; increase..................................................................HB 1790
Pro-family Tax Equity Act of 1994; enact....................................................................HB 1414
Property Owners' Compensation Trust Fund; General Assembly provide by general law - CA.........................................................................................HR 764
Property tax amnesty program; provisions; conservation use property; certain transfers..............................................................................................SB 506
Property tax deferrals; amend provisions.....................................................................HB 1647

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2986

INDEX

TAXATION AND REVENUE (Continued) Property tax; millage rate; limitation - CA....................................................................HR 843 Real and personal property; sale by nonresidents; withholding tax.........................HB 1480 Revenue Code; conform to Federal Code......................................................................HB 1361 Revenue commissioner; tag and title information by electronic transfer; definition of resident; learner's license......................................SB 518 Revenue Department; enforcement officer; retain weapon or badge on retirement..................................................................................................HB 311 Revenue shortfall reserve; increase; midyear adjustment reserve; education............................................................................................................SB 561 Sales tax; certain casual sales; applicability.....................................................................HB 59 Sales tax; certain casual sales; applicability...................................................................HB 251 Sales tax; certain casual sales; applicability.................................................................HB 1172 Sales tax; certain casual sales; applicability.................................................................HB 1173 Sales tax collection fee; certain casual sales...................................................................HB 451 Sales tax; definitions; farm equipment repair................................................................HB 749 Sales tax; delinquency; prohibit certain transfer...........................................................HB 313 Sales tax exemption; cargo containers and related chassis........................................HB 1561 Sales tax exemption; casual sales of motor vehicles .....................................................HB 169 Sales tax exemption; certain assistive technology devices.........................................HB 1457 Sales tax exemption; certain carriers, major components, and replacement parts ...................................................................................................HB 176 Sales tax exemption; certain charitable fund-raisers..................................................HB 1582 Sales tax exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.......................................................................................HB 693 Sales tax exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.......................................................................................HB 786 Sales tax exemption; certain industrial materials; granite...........................................HB 733 Sales tax exemption; certain organizations.....................................................................HB 134 Sales tax exemption; certain personal property and certain motor vehicles............................................................................................HB 430 Sales tax exemption; certain sales by certain schools...................................................HB 549 Sales tax exemption; certain sales by schools................................................................HB 562 Sales tax exemption; electricity for chlor-alkali manufacturing..................................HB 592 Sales tax exemption; electricity for chlor-alkali processes...........................................HB 347 Sales tax exemption; food for human consumption......................................................HB 526 Sales tax exemption; high school yearbooks.................................................................HB 1951 Sales tax exemption; items for growing forestry crops...............................................HB 1738 Sales tax exemption; off-road forestry equipment......................................................HB 1762 Sales tax exemption; public works projects..................................................................HB 1147 Sales tax exemption; routine repair of farm equipment................................................HB 74 Sales tax exemption; school fund-raisers........................................................................HB 102 Sales tax exemption; school fund-raisers........................................................................HB 512 Sales tax exemption; student athletic events...............................................................HB 1464 Sales tax exemption; vocational schools for mentally disabled.................................HB 1578 Sales tax; fund educational grants from lottery games..............................................HB 1553 Sales tax; hotel or motel rooms; length of stay............................................................HB 1507 Sales tax; increase one percent; education funding.......................................................HB 613 Sales tax on lottery tickets; allocate to local school boards - CA...............................HR 795 Sales tax; phased-in exemption; electricity for manufacturing processes..............................................................................................HB 1843 Seller or dealer; prohibit doing business without certificate.......................................HB 288 Special county one percent sales tax; maximum time of imposition .......................HB 1659 Special county one percent sales tax; solid waste or recovered materials facilities.......................................................................................HB 1704 Special one percent sales tax; amend procedure for imposition...................................HB 64 Special one percent sales tax; education; General Assembly provide - CA......................................................................................................................HR 53

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INDEX

2987

TAXATION AND REVENUE (Continued) Special purpose sales tax; aviation projects ...................................................................HB 727 Special purpose sales tax; disposition of proceeds; certain ordinances.........................................................................................................HB 1533 Special purpose sales tax; education; General Assembly authorize by law - CA..................................................................................HR 745 Special purpose sales tax; local school systems; capital outlay; General Assembly provide by general law - CA................................HR 13 State parks; certain facilities and services......................................................................HB 954 State Productivity Council; create.................................................................................HB 1551 Tax amnesty; additional penalties...................................................................................HB 310 Tax amnesty; collection fee cost.......................................................................................HB 274 Tax collectors and tax commissioners; minimum salary...............................................SB 282 Tax collectors; minimum salaries...................................................................................HB 1710 Tax digests; arbitration or appeal of assessments; examination.................................HB 309 Tax digests; assessments under review; maximum......................................................HB 1590 Tax executions; certain notice; delete requirement.....................................................HB 1268 Tax executions; demand by tax collector for payment or security bond.................HB 1267 Tax information; confidentiality......................................................................................HB 270 Tax levy; accounts with financial institutions ...............................................................HB 275 Tax or fee; law providing for or increasing; required vote - CA......................................SR 6 Tax receivers; certification of tax digest..........................................................................SB 659 Tax sales; political subdivisions purchasing property; amount...................................HB 565 Taxable net income; certain shareholder adjustments .................................................HB 220 Threats or intimidation of agents; penalty.....................................................................HB 314
TAYLOR COUNTY; airport authority; create.............................................................HB 1816
TAYLOR, JESSIE; condolences.......................................................................................HR 686
TAYLOR, LEWIS; compensate ........................................................................................HR 807
TAYLOR, SERGEANT WALT; invite to House.........................................................HR 924
TAYLOR, WARREN HAMILTON; commend..........................................................HR 1194
TEACHERS (Also, see Education) Certain local salary supplements; limit decreases.......................................................HB 1177 Contract eligibility ..............................................................................................................HB 431 Duty-free lunch...................................................................................................................HB 201 Education; certification by Professional Standards Commission; exception....................................................................................................SB 644 Education; program weights; maximum class sizes .....................................................HB 1476 Fingerprinting; criminal record checks ............................................................................SB 526 Graduate programs in education; urge Board of Regents reexamine admission requirements..............................................................................HR 963 Midterm adjustments; training and experience.............................................................HB 937 Refusal to alter grade..........................................................................................................SB 554 Retirement; certain creditable service; no age requirement ........................................HB 627 Retirement; certain private school service credit..........................................................HB 426 Retirement; certain public school employees; employer contributions....................HB 1589 Retirement; certain public school employees; membership .......................................HB 1105 Retirement; certain transfer from Employees' Retirement System............................HB 323 Retirement; certain unpaid leave; creditable service ..................................................HB 1131 Retirement; change language............................................................................................HB 706 Retirement; creditable service; pregnancy leave............................................................HB 230 Retirement; disability; date...............................................................................................HB 893 Retirement; employee contributions..............................................................................HB 1383 Retirement; postretirement benefit adjustment ..............................................................HB 81

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2988

INDEX

TEACHERS (Also, see Education) (Continued) Retirement; 60 years or under; remove penalty.............................................................HB 539 Retirement; temporary disability; service credit ...........................................................HB 419 Retirement; unused sick leave; credit..............................................................................HB 276 Substitutes; bachelor's degree...........................................................................................HB 405
TELEPHONE AND TELEGRAPH SERVICE Access to live operator........................................................................................................SB 539 Disbursements from Universal Service Fund for 16 mile calling radius expenses.....................................................................................HB 676 Emergency "911" system; public authority to operate; local governments create..............................................................................................HB 1024 Evidence; facsimile transmissions; admissibility..........................................................HB 1120 House Competitive Local Telephone Service Study Committee; create .................HR 1127 Law Enforcement Integrity Act of 1994; enact............................................................HB 1886 Public Service Commission; telecommunications; amend provisions .......................HB 1449 Public Service Commission; toll-free calling; metro statistical area.........................HB 1473 Public utilities; fee based on gross revenues; purchased gas adjustment for gas utility.....................................................................................HB 1672 Residential telephones; 976 or 900 number; by request...............................................HB 629 Revenue bonds; telecommunications systems; provisions ..........................................HB 1145 Statewide telecommunications network; certain retirees .............................................HB 589 Telemarketing; deceptive or abusive activities; prohibit...............................................SB 567 Telephone systems; statement of warranty ......................................................................HB 70 Wiretapping; conversations of child under the age of 14 years ................................HB 1243
TELEVISION Advertising of legal services; certain disclosure .............................................................HB 524 Cable television; multiple receivers; provisions............................................................HB 1579 Conversion of rented entertainment equipment or media; define offense ..............HB 1397 Crime committed by inmate while incarcerated; reenactment proceeds; disbursement................................................................................................HB 1257 Evidence; certain videotapes; admissibility..................................................................HB 1228 Evidence; photographs, movies, videos, recordings; admissibility ...............................SB 412 False advertising; certain cable television transmission; prohibit...............................HB 796 Media coverage of certain trials; prohibitions................................................................HB 318 Public television; demand for responsible programming..............................................HR 847 Revenue bonds; telecommunications systems; provisions ..........................................HB 1145 State Marketing in the Public Interest Act; enact......................................................HB 1362
TEMPLE, MELBA;commend........................................................................................HR 1166
TEMPLE OF PRAYER CHURCH, INC.; recognize ...............................................HR 1230
TERRELL COUNTY; board of elections and registration; create...........................HB 1944
TERRORISM; criminal gang activity; add rape to list ..................................................SB 460
THAXTON, HENRY FRANK FAMILY; commend................................................HR 1140
"THAXTON LANE"; designate avenue in Little Ocmulgee State Park..................HR 1126
THE FAMILY WELLNESS CENTER, GLENN PARKMAN, MONA BETH PARKMAN, AND THE VOLUNTEERS; commend .............HR 1193
THE GRACIOUS LADIES OF GEORGIA; commend.............................................HR 995
THE PARALYMPIC GAMES; invite athletes and medal winners to House.........HR 876
"THE YEAR OF GOSPEL MUSIC"; designate 1994 ................................................HR 830

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INDEX

2989

THEFT Anti-motor Vehicle Hijacking Act of 1994; enact........................................................HB 1080 Anti-motor Vehicle Hijacking Act of 1994; enact...........................................................SB 288 Carjacking; define offense ...............................................................................................HB 1197 Commission by felon using firearm .................................................................................HB 832 Conversion of rented entertainment equipment or media; define offense ..............HB 1397 Dog theft and theft by receiving stolen dog; define offenses....................................HB 1939 Magistrate courts; jurisdiction; certain misdemeanors...............................................HB 1812 Misappropriation of a trade secret; define offense........................................................HB 542 Misappropriation of a trade secret; define offense ........................................................SB 224 Shoplifting; value of property; municipal court...........................................................HB 1456 Theft by conversion; certain rented or leased property .............................................HB 1358 Unharvested commercial agricultural products; penalty ............................................HB 1277
THOMAS COUNTY CENTRAL HIGH SCHOOL YELLOW JACKETS FOOTBALL TEAM; invite to House ....................................................HR 794
THOMAS, PASTOR CHARLES AND MARY LOU; commend.........................HR 1024
THOMASTON, CITY OF Corporate limits................................................................................................................HB 1826 Thomaston-Upson County Office Building Authority; powers...................................HB 762
THOMPSON, DR. EDWIN ALFRED; invite to House..........................................HR 1092
THOMPSON, HONORABLE ROSCOE; condolences...............................................HR 685
THOMSON, CITY OF; expenditures and fees; annual report ..................................HB 1067
THORNTON, CHARLES ANTIONE; commend .......................................................HR 944
THORNTON, WILLIAM L., ANNE S. PEPPERS, CHARLES D. HAWKINS, AND JIMMIE L. PHILLIPS; commend...........HR 1265
TIFT COUNTY Board of commissioners; districts ..................................................................................HB 1712 Board of education; districts...........................................................................................HB 1711 Tifton-Tift County Day; designate March 8, 1994......................................................HR 1107
TIFTON, CITY OF; Tifton-Tift County Day; designate March 8, 1994 .................HR 1107
TOCCOA, CITY OF; corporate limits............................................................................HB 1497
TOOMBS COUNTY Middle Judicial Circuit; judges; miscellaneous expenses............................................HB 1988
TOON, RHONDA;commend.............................................................................................HR 691
TOPMILLER, E. B., SR.; condolences .........................................................................HR 1141
TORTS Certain resident physicians; immunity..........................................................................HB 1892 Certain voluntary services for public or private schools; liability .................................SB 41 Collateral sources................................................................................................................HB 752 Collateral sources..............................................................................................................HB 1365 Sexual harassment; right of action; limitation ...............................................................HB 994 Volunteer architects and engineers; immunity............................................................HB 1310 Volunteer physicians; team physical..............................................................................HB 1200
TOWNSEND, DR. MAURICE K.; condolences ..........................................................HR 947
TOWNSEND, KIMBERLY; commend ..........................................................................HR 946
TRADE (See Commerce and Trade)

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2990

INDEX

TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries) County certification; tax proceeds....................................................................................SB 543 Developmental highway system; add highway.............................................................HB 1818 Georgia Wildflower Project Fund; create - CA..............................................................HR 713 Highway 87 Bypass in Cochran; urge naming Ben Jessup Bypass...........................HR 1260 Highways; chief engineer; name change from state highway engineer.....................HB 1318 Highways; commercial driveway permit; fees.................................................................HB 546 Outdoor luminaries; expenditure for installation; restrictions ....................................HB 207 Overpass on State Highway 87; urge naming James Marion "Jimmy" Dykes Overpass............................................................................................HR 1259 Portion of State Highway 107; urge designation as Military Memorial Highway; veterans; commend...................................................................HR 1261 Portion of State Highway 112; urge naming Everett Floyd Dukes Highway ..................................................................................................HR 1258 Roadway lighting; urge use of technology to minimize glare, light trespass, and sky glow.................................................................................HR 62 State Board; call for election of member from Fourth Congressional District....................................................................................................Page 43 State Board; call for election of member from Tenth Congressional District....................................................................................................Page 44 State Board; election by roll-call vote.............................................................................HB 118 State Board; election; Honorable James L. Lester; Tenth Congressional District............................................................................Pages 221, 222 State Board; election; Honorable Steve Reynolds; Fourth Congressional District ..........................................................................Pages 219, 220 State employees; mass transit employee benefit; provisions.......................................HB 667
TREADWAY, NANCY FOWLER; condolences........................................................HR 1205
TRENSE, HONORABLE SHARON; committee assignment...................................Page 45
TRESPASSING Action for trespass or damage to realty; hazardous material......................................HB 599 Criminal desecration to burial grounds; define offense..............................................HB 1271 Magistrate courts; jurisdiction; certain misdemeanors...............................................HB 1812 Property; criminal trespass; posting notice ..................................................................HB 1220 School trespass; define offense............................................................................................SB 42
TREUTLEN COUNTY; board of education; compensation .....................................HB 2035
TRIAL JUDGES AND SOLICITORS RETIREMENT State court judges and solicitors; repeal prohibition against holding public office or practicing law..........................................................HB 147
TRIALS Appeals; motion for new trial; time extension ..................................................................SB 33 County and state ordinances; violations; maximum fine..............................................HB 896 Driving under the influence; jury trial waiver; remand to lower court.......................SB 421 Media coverage of certain trials; prohibitions................................................................HB 318 Trial jury; judge of law and fact; mistrial or reversal.................................................HB 1643
TRION HIGH SCHOOL Industrial arts classes; invite to House...........................................................................HR 341 Wrestling team and coach; invite to House..................................................................HR 1085
TROUP COUNTY Board of education; districts...........................................................................................HB 1232

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2991

TROUP COUNTY (Continued) Homestead exemption; certain residents......................................................................HB 1604 Hunting seasons; zone division.......................................................................................HB 1377 State court judge .................................................................................................................SB 702
TRULY, ADMIRAL RICHARD H.; commend...........................................................HR 902
TRUSTS (Also, see Wills, Trusts and Administration of Estates) Life insurance; insurable interest in employees.............................................................HB 484
TUDOR, JIM Commend...........................................................................................................................HR 1243 Commend...........................................................................................................................HR 1279
TWIGGS ACADEMY LADY TROJAN SOFTBALL TEAM; invite to House ....................................................................................................HR 862
TWIGGS COUNTY Board of commissioners; compensation.........................................................................HB 1902 Board of education; compensation.................................................................................HB 1901 Probate court judge; compensation................................................................................HB 1954 Sheriff; compensation.......................................................................................................HB 1953 Superior court clerk; compensation...............................................................................HB 1955 Tax commissioner; compensation...................................................................................HB 1956
TY COBB PARKWAY; designate...................................................................................HR 940

u

UNDERGROUND STORAGE TANKS; amend provisions ...................................HB 1619
UNEMPLOYMENT COMPENSATION (See Employment or Labor and Industrial Relations)
UNIFORM RULES OF THE ROAD Emergency medical technicians; certain privileges .........................................................HB 61 Motor vehicles; certain violations; proof of financial responsibility............................SB 579 Motor vehicles; fleeing or eluding peace officer; signal..............................................HB 1255 Motor vehicles; pedestrian's crosswalk; requirements ................................................HB 1240 Open container of alcohol; testing of driver....................................................................SB 549 Proof of insurance; financial responsibility......................................................................HB 26 Riding horse on roadway after dark; penalty...................................................................HB 27 School buses; unlawful to operate with unseated children........................................HB 1380
UNION CITY, CITY OF; elections; plurality vote.....................................................HB 1730
UNION COUNTY HIGH SCHOOL LADY PANTHERS BASKETBALL TEAM; commend ............................................................................HR 1192
UNITED STATES OLYMPIC TEAM; express support ..........................................HR 928
UNIVERSITY OF GEORGIA Institute of Community and Area Development; commend......................................HR 1021 1993 gymnastics team; invite to House...........................................................................HR 707
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
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2992

INDEX

UPSON COUNTY Commissioner districts.....................................................................................................HB 1870 Thomaston-Upson County Office Building Authority; powers...................................HB 762
USED CAR DEALERS Motor vehicle or trailer; security interest; rental price.................................................SB 514 State Board; combine with State Board of Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers...........................................HB 1390

VALDOSTA HIGH SCHOOL WILDCATS BASKETBALL TEAM; commend ............................................................................................................HR 1180
VARNER, ROY L.; commend .........................................................................................HR 1059
VAUGHAN, HONORABLE JACK; commend............................................................HR 725
VENDIE HUDSON HOOKS, SR., MEMORIAL HIGHWAY; designate...........HR 768
VENEREAL DISEASE AIDS confidential information; certain disclosure; authorization............................HB 1186 Marriage licenses; HIV testing.........................................................................................HB 179 Marriage licenses; HIV testing; confidentiality..............................................................HB 445 Sex education and AIDS prevention instruction...........................................................HB 854 Sex education and AIDS prevention instruction; certain requirements....................HB 423
VERNONBURG, TOWN OF; elections; amend provisions .........................................SB 144
VETERANS' AFFAIRS Ad valorem tax; exempt certain property of veterans organizations........................HB 1297 Ad valorem tax; exempt certain veterans organizations; referendum......................HB 1170 Department of; commend national salute to hospitalized veterans ...........................HR 832 Georgia's World War II veterans; commend................................................................HR 1070 Handicapped parking; Purple Heart veterans with special plate................................SB 401 Homestead exemption; certain veterans killed in conflict; surviving spouse.............................................................................................HB 1548 License plates and drivers' licenses; certain disabled veterans; certain spouses................................................................................................SB 242 Purple Heart veterans; license plates; annual fee exemption........................................HB 78 Special license plates; additional fees; delete requirement ..........................................HB 618 Special license plates; additional fees; delete requirement ..........................................HB 698 Special license plates; certain state commanders; repeal certain minimum number requirement............................................................SB 547 Special license plates; Pearl Harbor survivors; minimum number...........................HB 1265 Special license plates; Purple Heart veterans; surviving spouse...............................HB 1340 Special license plates; retired members of armed forces...............................................SB 367 Special license plates; state commanders; national veterans' organizations.................................................................................................HB 1601 Special license plates; veterans; minimum number.....................................................HB 1534 Veterans; commend; portion of State Highway 107; urge designation as Military Memorial Highway.............................................................HR 1261 World War II veterans; express appreciation; study possibility of erecting monument.................................................................................HR 815
VETERINARY MEDICINE Animal Protection Act; veterinarians as pet dealers or kennel.....................................HB 52
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INDEX

2993

VETOES; communications from Governor...............................................................Pages 34, 37
VICKERS, MARLA; commend ........................................................................................HR 682
VICTIMS OF CRIMES Compensation; maximum award; direct service providers; criminal Justice Coordinating Council; crime Victims Compensation Board.......................HB 690 Corrections Department; notify victim of offender's death, release, or escape................................................................................................HB 211 Crime Victims Emergency Fund; awards; remove limitation....................................HB 2055 Crime Victim's Rights Act; enact...................................................................................HB 1359 Family violence; arrest of perpetrator; victim's wishes ................................................HB 534 Prisons; institutional stores; use of profits.....................................................................HB 380 Rights of crime victims; provisions - CA........................................................................HR 812 Stalking and aggravated stalking; define offenses; conditions for pretrial release.........................................................................................HB 37 Stalking and aggravated stalking; define offenses; notify victim of offender's release................................................................................HB 401
VIDALIA, CITY OF; new charter .................................................................................HB 2012
VILLA RICA, CITY OF; mayor and council; terms .....................................................SB 729
VININGS CIVIC CLUB; commend..............................................................................HR 1152
VITAL RECORDS Certain services; limitation on fees................................................................................HB 1786 Establishment of paternity ................................................................................................SB 555 Marriage license; blood tests; exception on religious grounds...................................HB 1819 Marriage licenses; additional fee; family violence centers..........................................HB 1680 Marriage licenses; HIV testing.........................................................................................HB 179 Marriage licenses; HIV testing; confidentiality..............................................................HB 445 Paternity determination; genetic testing; child support................................................SB 148 Spontaneous fetal deaths; reporting provisions.............................................................HB 842
VOCATIONAL EDUCATION Crime-Free Schools Act; enact.......................................................................................HB 1701 Education; student records; parents' inspection.............................................................SB 629 HOPE scholarship grants; extend to private colleges.................................................HB 1213 Mandatory education; age requirement.............................................................................SB 72 Postsecondary technical schools; oppose transfer of authority to Board of Regents....................................................................................HR 1176 Private schools; secondary credit for postsecondary courses........................................SB 515 Professional counseling; licensing exemption; community service boards..................SB 434 Professions and businesses; applicant for licensure; certain preference.........................................................................................................HB 1442 Proprietary schools; amend provisions............................................................................HB 929 Proprietary schools; exempt certain nonprofit colleges..............................................HB 1629 Proprietary schools; graduate placement requirements................................................HB 953 Proprietary schools; open records; exempt certain financial reports .......................HB 1943 Proprietary schools; public records; exemption.............................................................HB 938 Sales tax exemption; vocational schools for mentally disabled.................................HB 1578 Strategic planning; amend provisions............................................................................HB 1325 Teachers Retirement; certain public school employees; employer contributions................................................................................................HB 1589 Teachers Retirement; certain transfer from Employees' Retirement System .........................................................................................................HB 323 Technical and Adult Education, State Board of; personnel......................................HB 1137 Tuition equalization grants; approved school; definition...........................................HB 1185 Tuition equalization grants; approved school; definition...........................................HB 1574

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2994

INDEX

VOTING (Also, see Elections) Bills raising revenue; approval by voters - CA................................................................HR 12 Boards of registrars; deputies appoint designees.........................................................HB 1286 Candidate; withdrawal at general election; provisions..................................................HB 609
Constitutional amendments; contributions to influence voter approval or rejection..........................................................................................HB 1199
Elections; amend provisions..............................................................................................HB 297 Elections; amend provisions..............................................................................................HB 897 Elections Code; conform to National Voter Registration Act...................................HB 1429 Elections; delivery of returns............................................................................................HB 396 Elections; early voting; provisions....................................................................................HB 738 Elections; plurality vote; exception; straight party voting............................................SB 680 Elections; prohibited activities; posting notice at polling place..................................HB 370 Elections; registrars; compensation................................................................................HB 1736 Jury lists; composition; amend provisions.......................................................................SB 193 Late voters; register and vote same day.........................................................................HB 993 Municipal elections; runoffs; date..................................................................................HB 1204 Municipalities; purging voter registration lists..............................................................HB 305 Municipalities; use county registration system..............................................................HB 608
National Voter Registration Act; urge Congressional delegation to seek repeal...............................................................................................HR 743
Persons over age 65; vote without waiting......................................................................HB 988 Registration requirement; public assistance recipients.................................................HB 387 Superior court judges; nonpartisan elections; plurality; ballots................................HB 1026 Voter registration; amend provisions...............................................................................HB 295 Voter registration; driver's license examiners................................................................HB 187 Voter registration; driver's license examiners................................................................HB 611 Voter registration; identification or documentation......................................................HB 437

w

WADLEY, CITY OF; mayor and council; districts.....................................................HB 1088
WALDROP, SHERIFF TOMMY; commend..............................................................HR 1198
WALKER COUNTY Chief magistrate; compensation .....................................................................................HB 2054 Grant easement....................................................................................................................SR 467 State court judge and secretary; compensation...........................................................HB 1732
WALKER, HEZEKIAH;commend..................................................................................HR 836
WALTER KELLY, JR., BRIDGE; designate...............................................................SR 522
WALTHOURVILLE, CITY OF Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; create.............................................................HB 1894
WALTON COUNTY Board of education; districts..............................................................................................SB 259 Commission on children and youth; create..................................................................HB 2013 Homestead exemption; certain residents......................................................................HB 1949 Sheriff; vacancy in office .................................................................................................HB 1963 Water and sewerage authority; chairman's compensation.........................................HB 1931
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INDEX

2995

WARD, CHARLIE, JR.; commend..................................................................................HR 788
WARD EDWARDS BRIDGE; designate .......................................................................SR 386
WARDLOW, FLOYD H., JR.; commend.....................................................................HR 1268
WAREHOUSING Leaf tobacco sales; warehousemen's maximum charges; repeal ................................HB 1344
WARNER ROBINS AIR LOGISTICS CENTER Major General William P. Hallin, Commander; invite to House................................HR 931
WARNER ROBINS, CITY OF Corporate limits................................................................................................................HB 2032 Homestead exemption; certain residents......................................................................HB 1652 Mayor and council; powers..............................................................................................HB 1602 Warner Robins Building Authority; city clerk serve as secretary.............................HB 1603
WASHINGTON COUNTY Middle Judicial Circuit; judges; miscellaneous expenses............................................HB 1988
WASTE MANAGEMENT Business Expansion Support Act of 1994; enact; job tax credit...............................HB 1527 Conservation; certain violations; Environmental Protection Division seek remedy................................................................................HB 1806 Land-disturbing activities; deny permit under certain conditions ...........................HB 1605 Recycling Market Development Incentives Act; enact...............................................HB 1430 Solid waste and hazardous waste; date for regulations; packaging prohibition; funding corrective action ....................................................HB 1521 Solid waste disposal facility; increase surcharge..........................................................HB 1717 Solid waste facilities; permits; approval by referendum.............................................HB 1722 Solid waste management; regional authorities; membership.....................................HB 1750 Solid waste permits; limitations on modification; exception.....................................HB 1435 Special county 1 percent sales tax; solid waste or recovered materials facilities.......................................................................................HB 1704 Tires; collection of fee on new tire sales; compensation.............................................HB 1276 Used Oil Collection Act; enact........................................................................................HB 1428
WATER AND WASTEWATER (Also, see Waters, Ports and Watercraft) Antifreeze; prohibitions .....................................................................................................HB 209 Certain grants; transfer administration to Environmental Facilities Authority .......................................................................................................HB 1262 "Clean Water Week" in Georgia; designate third week in October annually .........................................................................................................SB 606 Conservation; certain violations; Environmental Protection Division seek remedy ...................................................................................................HB 1806 Development impact fees; amend provisions .....................................................................HB 1 Environmental Equity and Justice Commission; create.............................................HB 1758 Irrigation contractors; licensing........................................................................................HB 516 Residential property; prior occupant's unpaid charges; limited liens ........................HB 862 Treatment plant operators; certification; classification; reciprocity.........................HB 1536 Water quality control; dissolved oxygen requirements...............................................HB 1352 Water resources; conservation plans; water conservation task force.............................SB 10 Water well contractors; previous licensee; new license.................................................HB 915
WATERS, PORTS AND WATERCRAFT Ad valorem tax; recreational personal property; taxable situs....................................HB 478 Antifreeze; prohibitions .....................................................................................................HB 209 Bait shrimping; amend provisions..................................................................................HB 1512 Boat Safety Act; amend provisions...................................................................................SB 601

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2996

INDEX

WATERS, PORTS AND WATERCRAFT (Continued) Boat safety violations; probate court jurisdiction ..........................................................SB 448 Boats; certificates of number; fees.................................................................................HB 1714 Boats; right of operation; waters of state .....................................................................HB 1935 Certain carriers, major components, and replacement parts; sales tax exemption.............................................................................................HB 176 Certain grants; transfer administration to Environmental Facilities Authority .......................................................................................................HB 1262 "Clean Water Week" in Georgia; designate third week in October annually .........................................................................................................SB 606 Coastal Georgia International and Maritime Trade Center; provisions .....................SB 415 Environmental Equity and Justice Commission; create.............................................HB 1758 Finfish; certain red drum; prohibition ..........................................................................HB 1513 Fish and fishing; amend provisions..................................................................................SB 527 Gambling on "voyages to nowhere"; prohibit................................................................HB 898 Georgia and South Carolina boundary; survey and mapping.......................................SB 572 Georgia Ports Authority; convey property in Columbus..............................................HR 907 Georgia Ports Authority; membership; provisions ......................................................HB 1559 Georgia Ports Authority; police powers........................................................................HB 1136 Georgia Ports Authority; traffic jurisdiction; certified peace officers.................................................................................................HB 1729 Lakes Allatoona and Richard B. Russell; long-term subleases of marina sites .............................................................................................HB 1372 Lakes; water quality standards; adopt ............................................................................HB 558 Water quality control; dissolved oxygen requirements...............................................HB 1352 Water resources; conservation plans; water conservation task force.............................SB 10 Watercraft; certain casual sales; sales tax.....................................................................HB 1172 Watercraft; certain safety violations; jurisdiction; probate courts..............................HB 710 Watercraft; prohibit operation without driver's or learner's license ........................HB 1184
WATSON, CORY; commend .............................................................................................HR 697
WATTS, RUBYE LEE DOROTHY JAMES; commend........................................HR 1031
WAYCROSS, CITY OF; corporate limits.....................................................................HB 1905
WAYNE COUNTY Board of commissioners; districts ..................................................................................HB 1324 Board of education; compensation....................................................................................SB 720 Board of education; districts...........................................................................................HB 1323 Homestead exemption; certain residents.........................................................................SB 699
WEAPONS Aggravated assault; redefine offense; include drive-by shooting...............................HB 1198 Commission of certain crimes by persons 13 to 17 years old; superior court jurisdiction...........................................................................................HB 1236 Commission of certain crimes by persons 13 to 17 years old; superior court jurisdiction...........................................................................................HB 1238 Firearms; certain possession; exemptions from prohibition.......................................HB 1209 Firearms; possession by student on school property; penalties.................................HB 1823 Firearms; possession during commission of crime; mandatory sentence .................HB 1252 Firearms possession; reserve police officers..................................................................HB 1242 Firearms; possession while under influence of alcohol or drugs; prohibitions......................................................................................................SB 121 Firearms sales; dealer provisions; records checks..........................................................HB 732 Firearms sales; records checks.............................................................................................SB 12 Firearms used by felon during commission of crime....................................................HB 832 Illegal possession; forfeiture............................................................................................HB 1337 Juvenile proceedings; certain possession of firearm; misdemeanor ..........................HB 1599

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INDEX

2997

WEAPONS (Continued) Pistol or revolver; license to carry; prohibit issuance to felon ..................................HB 1201 Possession at school function or on property; searches; reports .................................HB 860 Possession; marijuana offense; penalty ...........................................................................HB 765 Prohibitions on school property; include bludgeon-type instruments....................................................................................................................HB 1100 School Safety and Juvenile Justice Reform Act; enact.................................................SB 440 Used during certain crimes; enhanced penalties .........................................................HB 1237 Used in commission of crime; destroy ...........................................................................HB 1328
WEBB, MELVIN R., PH.D. AND THE CLARK ATLANTA UNIVERSITY PRISM-D PROGRAM Commend...........................................................................................................................HR 1112 Invite Dr. Webb and participants to House.................................................................HR 1065
WEEKS, JANET; commend..............................................................................................HR 777
WEIGHTS AND MEASURES Agricultural products; substandard quality; disposal.................................................HB 1612 Highways; weight of vehicle loads; compliance.................................................................SB 38 Scales and mechanics; registration fees...........................................................................HB 722
WELDON, THOMAS DARRELL, JR.; commend...................................................HR 1147
WELFARE (See Social Services)
WEST BAINBRIDGE MIDDLE SCHOOL BAND; commend.............................HR 790
WESTERN JUDICIAL CIRCUIT; add judge ............................................................HB 655
WESTMORELAND, HONORABLE LYNN; communication.............................Page 1214
WHEELER, EMMA JEAN; condolences.......................................................................HR 787
WHITE COUNTY; water and sewerage authority; membership...............................HB 1682
WHITE, EDDIE J.; commend ..........................................................................................HR 792
WHITFIELD COUNTY Commissioner districts........................................................................................................SB 724 Convey property..................................................................................................................SR 500 Education districts ..............................................................................................................SB 723 Intake and probation services; transfer............................................................................SB 725 Lease property.....................................................................................................................SR 469
WHITWORTH, BOBBY JOE Hart County Probation Detention Center; urge renaming as "Bobby Joe Whitworth Probation Detention Center" .............................................HR 438
WILCOX COUNTY Cordele Judicial Circuit; judges; salary supplement...................................................HB 1915
WILDLIFE Bear parts; prohibition against selling; exception.......................................................HB 2063 Bears; certain killing authorized ......................................................................................HB 112 Bears; killing by owners of beehives; provisions..........................................................HB 1865 Coyotes; bounties for killing; provisions.......................................................................HB 1896 Deer; special hunts to reduce overpopulation; urge Department of Natural Resources inform public......................................................HR 860 Fur-bearing animals; prohibit sale of any part; exception.........................................HB 1985 Hunter education courses; age requirement...................................................................HB 163 Hunting bears; increase bag limit....................................................................................HB 285

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2998

INDEX

WILDLIFE (Continued) Hunting deer; certain crossbows during archery season...............................................HB 877 Hunting deer near certain structures; prohibit; exception.........................................HB 1585 Hunting does in certain counties; prohibit.....................................................................HB 245 Hunting; feeding or baiting locations for deer.............................................................HB 1210 Hunting seasons; northern and southern zones; Meriwether County ......................HB 1463 Hunting seasons; zone division; Troup County ...........................................................HB 1377 Hunting without landowner's permission; increase penalties....................................HB 1624 Llama activities; limitation on civil liability ...................................................................SB 571 Lifetime honorary hunting and fishing license; disabled persons; hunting deer with crossbow............................................................................SB 592 Management areas; handicapped persons operate all-terrain vehicles ......................HB 635 Raccoons; open trapping season; certain area..............................................................HB 1984 Unlawful enticement of game; prohibit hunting on baited field.................................HB 420 Violations of wildlife laws; probate courts; jurisdiction .................................................HB 46 Wild animals; amend provisions; expand list...............................................................HB 1541
WILLIAMS, ARTHUR KAY; Albany City Commissioner; commend ...................HR 1235
WILLS, TRUSTS AND ADMINISTRATION OF ESTATES Foreign wills probated in another state; recording in Georgia....................................HB 361 Probate courts; fees; guardians; estates.........................................................................HB 1281 Property conveyances; alienability of future interests................................................HB 1420 Trusts; life insurance; insurable interest in employees ................................................HB 484
WILSON, EUGENE NATHANIEL; commend...........................................................HR 835
WILSON, MS. VERDELL FLOOD; commend.........................................................HR 1186
WILSON, NINA; compensate .............................................................................................HR 96
WIMBERLY, ROBERT; commend...............................................................................HR 1098
WINDER-BARROW HIGH SCHOOL Bulldoggs football team; commend..................................................................................HR 853 Lady Bulldoggs; commend..............................................................................................HR 1215
WINE (Also, see Alcoholic Beverages and Alcoholism) Deliveries in vehicles owned by dealer's employees......................................................HB 699 Sunday sales during certain hours; consumption on premises; coliseum authorities.........................................................................................................SB 314
WINGATE, JACK; commend .........................................................................................HR 1077
WINKLER, CRAIG J.; compensate ................................................................................HR 263
WINN, FRANK M.; commend..........................................................................................HR 871
WINSLETTE, W. G. "GEECHIE", JR., AND THE PUTNAM COUNTY BOARD OF COMMISSIONERS; commend .................HR 952
WINTERVILLE, CITY OF; amend charter................................................................HB 1773
WISHAM, OFFICER GARY; invite to House..............................................................HR 923
WITCHER, PHILLIP SHANE; commend..................................................................HR 1253
WITNESSES Criminal procedure; discovery and inspection; disclosure; depositions; criminal history records...........................................................................HB 828 Depositions; amend provisions .......................................................................................HB 1417 Evidence; certain videotapes; admissibility..................................................................HB 1228 Evidence; photographs, movies, videos, recordings; admissibility ...............................SB 412

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INDEX

2999

WITNESSES (Continued) Expert witnesses; qualification provisions; malpractice action .................................HB 1025 Husband and wife; when compellable to give evidence..............................................HB 1479 Husband and wife; when compellable to give evidence.................................................SB 609 Law enforcement officers and arson investigators; fees .................................................HB 40 Testimony; medical reports; admissibility....................................................................HB 1501
WOODRUFF, EMILY; condolences ..............................................................................HR 1023
WOODS, REVEREND DONNIE R., SR.; commend.................................................HR 973
WOOTEN, RICHARD; commend..................................................................................HR 1219
WORKERS' COMPENSATION Amend provisions.............................................................................................................HB 1505 Cancellation procedures.....................................................................................................HB 482 Certain notification; certified mail...................................................................................HB 436 Claimant's award; attorney's fees...................................................................................HB 1211 Community service boards; county departments of health and family and children services; unemployment compensation, workers' compensation, and liability coverage.........................................................HB 1921 Employment; termination contrary to public policy; prohibit ....................................HB 665 Falsely obtaining benefits; penalty................................................................................HB 1212 Group self-insurance funds; reports...............................................................................HB 1907 Group self-insurance funds; security deposits..............................................................HB 1912 Less than seven employees; applicability........................................................................HB 771 Medical fees; limitation ...................................................................................................HB 1433 Rejected policies; rates.......................................................................................................HB 591 Safety committees; provisions.........................................................................................HB 1158 Self-insurance fund; gross annual premiums..................................................................HB 590 Self-insurance fund; premium taxes................................................................................HB 734 Self-insurance fund; similar classification ......................................................................HB 639 Workers' Compensation Assigned Risk Plan; provisions...........................................HB 1789 Workers' Compensation Board; authority; self-insurance groups.............................HB 2016
WORLD CONGRESS CENTER Activities on sidewalks; amend provisions......................................................................HB 700 Activities on sidewalks; relative to...................................................................................HR 402 Amend provisions .............................................................................................................HB 1664 Amend provisions................................................................................................................SB 569 Excise tax; certain food service establishments.............................................................HB 578
WORLD WAR II VETERANS Express appreciation; study possibility of erecting monument...................................HR 815
WRIGHT, CAPTAIN JEFFREY STEWART, U.S.M.C. Condolences; invite family to House...............................................................................HR 192
WRIGHT, JULIA M.; commend....................................................................................HR 1228
WTOC TELEVISION IN SAVANNAH; 40th anniversary; commend .................HR 1168
WYNNTON SCHOOL; commend on 150th anniversary..............................................HR 684

YEARGIN, HONORABLE CHARLES W.; communication..................................Page 923 Refer to numerical index for page numbers

3000

INDEX

z

ZONING Hearings; notification.........................................................................................................HB 235 Special zoning districts; authorize counties to create - CA.......................................HR 1010

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PART II
HOUSE BILLS
HB 1 --Local government; development impact fees; water or sewer services; amend provisions...................................No Action
HB 3 --Smoking in public places; prohibit.........................................................No Action HB 5 --Minors in open bed pickups; prohibit on
interstate or four lane highways....................................................No Action HB 6 --Discipline in schools; prohibit corporal punishment...........................No Action HB 10 --Child custody; temporary award; court authorization ........................No Action HB 18 --Fair and Open Grants Act of 1993; enact.............................................No Action HB 22 --Driver's license; notice of revocation;
time limit to request hearing .........................................................No Action HB 23 --Driver's license; Public Safety Department
records; compilation of lists............................................................No Action HB 25 --Motor vehicle registration; proof required;
surrender of driver's license upon reissuance ..............................No Action HB 26 --Uniform rules of the road; proof of
insurance; financial responsibility .................................................No Action HB 27 --Uniform rules of the road; riding horse
on roadway after dark; penalty......................................................No Action HB 28 --Drivers' license deposited as bail;
forfeiture by failure to appear; reinstatement fees............................................................................No Action HB 31 --Motor vehicles; fleeing or eluding peace officer; fine..........................No Action HB 32 --Driver's license; false application or improper use; penalty......................................................................No Action HB 36 --Fair and Open Grants Act of 1993; enact.............................................No Action HB 37 --Stalking and aggravated stalking; define offenses; conditions for pretrial release........................................No Action HB 40 --Law enforcement officers and arson investigators; witness fees; arson enforcement responsibility..............................................................No Action HB 41 --Budgetary Responsibility Oversight Committee; create.....................No Action HB 42 --Cobb Judicial Circuit; add judge............................................................No Action HB 43 --Civil practice; transfer of actions from superior to state court.....................................................................No Action HB 44 --Local governments; multiyear lease purchase contracts; prohibit........................................................................................649 HB 45 --School systems; multiyear lease purchase contracts; prohibit .......................649 HB 46 --Violations of wildlife laws; probate courts; jurisdiction.........................................................................................No Action HB 48 --Wiretapping; party to communication...................................................No Action HB 50 --Bail bonds; sureties approval board.......................................................No Action HB 51 --Superior Court Judges Retirement; prior service credit.....................No Action HB 52 --Animal Protection Act; veterinarians as pet

3002

INDEX

dealers or kennel ..............................................................................No Action HB 53 --Superior court clerks; payment for duties
in another court................................................................................No Action HB 54 --Elections; majority vote; exception for federal office..........................No Action HB 55 --Motor vehicle registration; nonresident
and visiting drivers; violation.........................................................No Action HB 56 --Excise tax; lottery ticket sales ................................................................No Action HB 57 --State flag; change design .........................................................................No Action HB 59 --Sales tax; certain casual sales; applicability .........................................No Action
HB 60 --Ad valorem tax; conservation use property; current use assessment....................................................................No Action
HB 61 --Uniform rules of the road; emergency medical technicians; certain privileges..........................................No Action
HB 64 --Special one percent sales tax; amend procedure for imposition.................................................................No Action
HB 65 --Ad valorem tax; advertisement of certain increases............................No Action HB 67 --Prehistoric sites, burial grounds, ruins;
archeological research; Council on American Indian Concerns; create...................................................................No Action HB 68 --Commission on Women; per diem allowance .......................................No Action HB 70 --Telephone systems; statement of warranty ..........................................No Action HB 71 --Probate court; service of guardian for minor or incapacitated adult.............................................................330, 1728, 2201 HB 72 --Judgment liens; property possessed by purchaser for four years ..............................................................................329 HB 73 --Commercial Code; security interest in future crops; sharecropper's portion .............................................No Action HB 74 --Sales and use tax; fabrication; exempt routine repair of farm equipment..................................................No Action HB 78 --License plates; Purple Heart veterans; annual fee exemption ......................................................................No Action HB 80 --General Assembly; expenses and per diem of members.....................No Action HB 81 --Teachers Retirement; postretirement benefit adjustment .................No Action HB 82 --State agencies; stationery include telephone numbers........................No Action HB 85 --Aid to families with dependent children; revise provisions...............................................................................No Action HB 88 --Employees' Retirement; creditable service; forfeited leave .....................................................................No Action HB 89 --Child support recovery; certain employers; report hiring and rehiring of employees.......................................No Action HB 91 --"Old Georgia Land"; designate official state poem............................No Action HB 92 --Richmond County; certain officials; compensation .............................No Action HB 95 --Litter control; public trash or garbage containers; prohibitions...................................................................No Action HB 96 --Counties; board of commissioners; provide...........................................No Action HB 97 --Georgia Equal Employment Opportunity Act; enact..........................No Action HB 98 --Counties or municipalities; fair rent commission; create...........................................................................No Action HB 99 --Public Employees Labor Relations Act; enact.....................................No Action HB 101 --Attorney General; employment of private counsel..............................No Action HB 102 --Education; school fund-raisers; sales tax exemption...........................No Action HB 104 --Supplemental appropriations; FY 1992-93 ...........................................No Action
HB 105 --Supplemental appropriations; FY 1993-94 ...........................................No Action
HB 106 --Public Safety Department and State Patrol;
certain employees; involuntary separation benefits....................No Action
HB 109 --Appeals; cross appeal by defendant...................................................................951
HB 110 --Alimony; cohabitation as grounds for modification.............................No Action

INDEX

3003

HB 111 --State patrol; solid color motor vehicles .................................................No Action HB 112 --Bears; authorize certain killing...............................................................No Action HB 117 --General Assembly; bills and resolutions; profiling...............................No Action HB 118 --Transportation Board; election by roll-call vote..................................No Action HB 122 --Certain county officers; actions constituting
malpractice in office ........................................................................No Action HB 126 --Insurance; audits of insurers; additional requirements.......................No Action HB 128 --Speed detection device; warning signs; distance..................................No Action HB 131 --Alcoholic beverages; sales by coliseum authorities..............................No Action
HB 132 --Fiscal affairs subcommittees; four-year plans; Program Review Act; enact............................................................No Action
HB 133 --Stalking and aggravated stalking; define offenses...............................No Action HB 134 --Sales tax exemption; certain organizations...........................................No Action HB 136 --Courts; election of judges.........................................................................No Action HB 141 --Juvenile proceedings; certain unruly child............................................No Action
HB 147 --Senior judge; repeal prohibition against holding public office or practicing law.....................................254, 466, 995
HB 148 --Senior judge; repeal prohibition against holding public office or practicing law .........................................No Action
HB 150 --Municipal law enforcement officers; transporting prisoners; provisions .................................................No Action
HB 151 --Candidates; political contributions by corporations; prohibit .......................945 HB 153 --Statutory rape; change age......................................................................No Action HB 154 --Occupation tax; practitioner's office;
certain contractors ...........................................................................No Action HB 158 --Employees' Retirement; certain military
service credit ..................................................................................56, 236, 593 HB 160 --State flag; change design .........................................................................No Action HB 161 --Georgia Building Authority; method of borrowing money .................No Action
HB 162 --Law enforcement officers; communicable diseases; threat of transmission.....................................................No Action
HB 163 --Hunter education courses; age requirement.........................................No Action HB 165 --Uniform rules of the road; passenger
behavior; tilted truck bed...............................................................No Action HB 166 --Human Resources Board; membership; practice of medicine............No Action HB 169 --Sales tax exemption; casual sales of motor vehicles............................No Action HB 170 --General Assembly; bills and resolutions;
prefiling..........................................2331, 2365, 2433, 2613, 2641, 2763, 2800 HB 171 --Campaign contributions; disclosure reports; late filing fee............................330
HB 173 --Sales of certain goods during declared emergency; prohibit price increase................................................No Action
HB 175 --Ad valorem tax; define fair market value of property........................No Action
HB 176 --Certain carriers, major components, and replacement parts; sales tax exemption........................................No Action
HB 177 --Supplemental appropriations; FY 1992-93 ...........................................No Action
HB 178 --Air pollution control; odor-causing chemicals; limitations......................................................................No Action
HB 179 --Marriage licenses; HIV testing................................................................No Action HB 180 --Junkyards; regulation and control...........................................762, 959, 999, 1050 HB 181 --Local sales tax; limitation; exempt MARTA........................................No Action
HB 182 --Alcoholic beverage sales; polling place prohibition; exemption....................................................................No Action
HB 183 --Hospital authorities; state grants; public health purposes ....................................................................No Action
HB 184 --State regional hospitals; classification...................................................No Action
HB 185 --Unpaid parking fines; nonissuance of registration and license plates........................................................No Action

3004

INDEX

HB 186 --Motor fuel tax; counties and municipalities; special districts.................................................................................No Action
HB 187 --Voter registration; driver's license examiners.......................................No Action HB 188 --General Assembly; filing bills during interim.......................................No Action HB 190 --Criminal proceedings; third-year law students as assistants........................1048 HB 192 --Employees' Retirement; Indigent Defense Council...........................56, 282, 725 HB 193 --Commerce and trade; solicitation of
elderly; certain hours.......................................................................No Action HB 194 --Psychologists and psychiatrists;
privileged communications.................................................................326, 432 HB 196 --Chiropractors; scope of practice .............................................................No Action HB 198 --Fleeing, eluding, or impersonating law
enforcement officer; penalty...........................................................No Action HB 199 --Speed detection devices; restrictions;
exemption; certain counties............................................................No Action HB 200 --Juries; civil actions; dollar amount ........................................................No Action HB 201 --Teachers; duty-free lunch........................................................................No Action HB 202 --Alcoholic beverages; prohibit sale for
consumption at gasoline retail outlets..........................................No Action HB 203 --Multiple beverage containers; sale without
biodegradable packaging; prohibit.................................................No Action HB 204 --Radar detectors; prohibit use..................................................................No Action HB 207 --Highways; outdoor luminaries; expenditure
for installation; restrictions ............................................................No Action HB 208 --Hotel and motel tax; pedestrian walks and trails..........................................1200 HB 209 --Antifreeze; prohibitions............................................................................No Action HB 210 --Civil liability immunity from disclosure
of former employee job performance ............................................No Action HB 211 --Corrections Department; notify victim of
offender's death, release, or escape...............................................No Action HB 212 --Physicians; patient referral for certain
health care services; prohibitions...................................................No Action HB 215 --Solid waste permits; certain facilities; extend date.............................No Action HB 219 --Certain motor vehicle sales to nonresidents;
repeal sales tax exemption..............................................................No Action HB 220 --Taxable net income; certain shareholder adjustments........................No Action HB 221 --Ad valorem tax; certain reports; amend provisions.............................No Action HB 225 --Certain part-time officials; transacting
business with state...........................................................................No Action HB 230 --Teachers Retirement; creditable service;
pregnancy leave............................................................................56, 653, 1048 HB 231 --Motor vehicle insurance; premiums; geographic factor.......................No Action HB 233 --School systems; multiyear lease purchase
contracts; real property prohibition..............................................No Action HB 234 --Retirement systems standards; repeal certain
exemptions for Firemen's Pension Fund..................................................233 HB 235 --Local government; zoning hearings; notification..................................No Action HB 236 --Civil actions; limitation; childhood sexual abuse.................................No Action HB 238 --Housing authorities; commissioners and resident commissioners .................294 HB 240 --Charitable fund; paid solicitor; certified
financial statement...........................................................................No Action HB 241 --County commissioners and chairman; bipartisan election .................No Action
HB 245 --Hunting does in certain counties; prohibit ...........................................No Action
HB 247 --Clinical laboratories; examination of human
specimens; request by chiropractors .............................................No Action
HB 249 --Madison, City of; mayor and council; districts ....................................No Action
HB 250 --Law enforcement officers; indemnification;

INDEX

3005

line of duty .....................................................................473, 1338, 2331, 2594 HB 251 --Sales tax; certain casual sales; applicability .........................................No Action HB 253 --County boards of equalization; assessment appeals ............................No Action HB 256 --Hospital authorities; payment for services
in certain counties; limitations.......................................................No Action HB 260 --Employees' Retirement; creditable service;
forfeited leave.........................................................................H76, 1374, 2036 HB 262 --Counties and municipalities; referendum provisions...........................No Action HB 263 --Coin operated amusement machines; licensing; exemption ...............No Action HB 266 --Tax assessment; change provisions regarding protest.........................No Action HB 267 --Intangible property; confidentiality of
tax digest; exception ........................................................................No Action HB 268 --Taxation; contesting proposed assessment or license fee...................No Action HB 270 --Tax information; confidentiality.............................................................No Action HB 271 --Income tax; fraudulent underpayment; amend provisions.................No Action HB 272 --Corporations; officers' liability for tax
penalty or interest............................................................................No Action HB 273 --Income tax; confidentiality of returns; exception................................No Action HB 274 --Tax amnesty; collection fee cost.............................................................No Action HB 275 --Tax levy; accounts with financial institutions......................................No Action HB 276 --Teachers' Retirement; unused sick leave; credit..................................No Action HB 278 --Local retirement funds; investments .....................................................No Action HB 279 --Atlanta Judicial Circuit; district
attorney's office; compensation......................................................No Action HB 282 --Quality basic education; local fair
share funds; limitation..........................................................2237, 2318, 2433 HB 285 --Hunting bears; increase bag limit ..........................................................No Action HB 286 --Storage of fireworks; regulation..........................................................................296 HB 287 --Right-of-way; law enforcement vehicle in traffic stop ........................No Action HB 288 --Seller or dealer; prohibit doing business
without certificate ............................................................................No Action HB 290 --Driver's license; exempt certain persons
from requirements............................................................................No Action HB 291 --Special license plates; firefighters; delete fee .......................................No Action HB 295 --Elections; voter registration; amend provisions ...................................No Action HB 297 --Elections; amend provisions ....................................................................No Action HB 304 --Registrars; nomination or election to office..........................................No Action HB 305 --Municipalities; purging voter registration lists ....................................No Action HB 307 --Appropriations bills; amendments or
substitutes; printing requirement ..................................................No Action HB 309 --Tax digests; arbitration or appeal
of assessments; examination...........................................................No Action HB 310 --Tax amnesty; additional penalties..........................................................No Action HB 311 --Revenue Department; enforcement officer;
retain weapon or badge upon retirement .....................................No Action HB 312 --Income tax withholding; employer's liability ........................................No Action HB 313 --Sales tax; delinquency; prohibit certain transfer.................................No Action HB 314 --Taxation; threats or intimidation of agents; penalty ..........................No Action HB 315 --Ad valorem tax; assessment increase or decrease; notice ...................No Action HB 317 --Douglasville-Douglas County Water and
Sewer Authority; elected members................................................No Action HB 318 --Criminal procedure; media coverage of
certain trials; prohibitions ..............................................................No Action
HB 319 --Smoking in public buildings; prohibit ...................................................No Action
HB 321 --Abandoned motor vehicles; lien foreclosure
affidavit; filing fee............................................................................No Action
HB 323 --Teachers Retirement; certain transfer

3006

INDEX

from Employees' Retirement System ...........................................1307, 1467 HB 325 --Criminal procedure; commitment hearings; provisions.......................No Action HB 326 --Bad checks; prosecution in magistrate
courts; forfeiture of bonds .............................................472, 976, 2093, 2352 HB 328 --Boards of equalization; taxpayer appeals; written decisions..........................117 HB 329 --Unclaimed historic property; disposition; provisions..........................No Action HB 330 --Counties, municipalities, and school systems;
multiyear contracts; repeal; reenact..............................................No Action HB 331 --United States senators and representatives
from Georgia; term limitation........................................................No Action HB 336 --Open records; exempt certain medical facility.....................................No Action HB 337 --Landlord and tenant; dispossessory proceedings;
writ of possession ...........................997, 1356, 1593, 1708, 1758, 2638, 2800 HB 339 --Indigent and elderly health care; county liability ...............................No Action HB 343 --Sheriffs; legal defense; provisions...........................................................No Action HB 345 --County attorney serving as municipal
court judge; prohibitions.................................................................No Action HB 347 --Sales tax exemption; electricity for
chlor-alkali processes.......................................................................No Action HB 348 --Income tax; increase personal exemption..............................................No Action HB 351 --State employees; mileage rate; personal vehicle ..................................No Action HB 354 --Mobile barbershops; regulate..............................................................................985 HB 355 --Fulton County; certain local constitutional
amendment; repeal...........................................................................No Action HB 356 --State flag; change design; referendum...................................................No Action HB 357 --Quality basic education; sex education
courses; regulations..........................................................................No Action HB 358 --Public officers and employees; military
duty; sick leave .................................................................................No Action HB 359 --Probation; community service; include
service for aged and handicapped .................................................No Action HB 361 --Foreign wills probated in another state;
recording in Georgia ........................................................................No Action HB 366 --Hazardous waste management; certain chemicals; fees......................No Action HB 367 --Solid waste management; requirements
for service reduction and recycling................................................No Action HB 368 --Environmental Justice Act; enact ..........................................................No Action HB 369 --Nonreturnable beverage containers; prohibitions................................No Action HB 370 --Elections; prohibited activities; posting
notice at polling place.....................................................................No Action HB 371 --Fulton County; board of commissioners; compensation.....................No Action HB 372 --School bus drivers; random drug and
alcohol testing................................................................979, 1064, 2295, 2344 HB 375 --Landlord and tenant; dispossessory
proceedings; property storage.........................................................No Action HB 376 --Elections; withdrawal of nominated candidate ....................................No Action HB 380 --Prisons; institutional stores; use of profits ...........................................No Action HB 381 --Speech-language pathologists and
audiologists; licensing exemption...................................................No Action HB 382 --Driving under the influence; prohibit
possession of alcoholic beverage by convicted person .........................................................................No Action
HB 387 --Public assistance recipients; register
to vote requirement .........................................................................No Action
HB 389 --Labor pools and work-site employers; amend regulations.................2092, 2700
HB 390 --Tax appeals; payment of portion of assessments.................................No Action
HB 391 --Motor common carriers and motor contract

INDEX

3007

carriers; definitions..........................................................................No Action HB 392 --Lobbyists; ethics training courses.......................................................................252 HB 394 --Marietta, City of; board of education;
fiscal provisions................................................................................No Action HB 396 --Elections; delivery of returns..................................................................No Action HB 397 --Law enforcement officers; procedure for
processing complaints......................................................................No Action HB 398 --Intangible tax; computer software..........................................................No Action HB 401 --Stalking and aggravated stalking; define
offenses; notify victim of offender's release.................................No Action HB 404 --Motor vehicles; dealer transfers; uniform procedures.........................No Action HB 405 --Education; substitute teachers; bachelor's degree ...............................No Action HB 407 --Landlord and tenant; dispossessory
proceedings; time periods................................................................No Action HB 408 --Podiatry; substantial revision of provisions .........................................1800, 2016 HB 415 --Homicide; prohibit assisted suicide ........................................................767, 1084,
1177, 1355, 1489, 2614, 2800 HB 416 --Motor vehicle insurance; enforcement
services by private entities .............................................................No Action HB 417 --Garnishment; exempt certain student loans.........................................No Action HB 418 --Motor vehicle warranty rights; arbitrators;
qualifications.....................................................................................No Action HB 419 --Employees' Retirement; temporary disability;
service credit ..........................................................................1176, 1448, 2198 HB 420 --Unlawful enticement of game; prohibit
hunting on baited field....................................................................No Action HB 423 --Sex education and AIDS prevention
instruction; certain requirements...................................................No Action HB 424 --LaGrange, City of; mayor and council; powers....................................No Action HB 426 --Teachers Retirement; certain private
school service credit.........................................................................No Action HB 427 --Fiscal affairs subcommittees; periodic
review of programs; annual report.................................................No Action HB 430 --Sales tax; exempt certain personal
property and certain motor vehicles .............................................No Action HB 431 --Teachers and school personnel; contract eligibility.............................No Action HB 432 --Lobbyist disclosure reports; requirement..............................................No Action HB 433 --Waste management; municipal solid waste
reduction; exemption.......................................................................No Action HB 434 --Ad valorem tax; enterprise zones; class;
General Assembly provide by local law........................................No Action HB 435 --Procurement Integrity Act; enact...........................................................No Action HB 436 --Workers' compensation; certain notification;
certified mail.....................................................................................No Action HB 437 --Voter registration; identification
or documentation ...................................................................................71, 246 HB 438 --Income tax credit; child care or dependent
care expenses.....................................................................................No Action HB 439 --Fulton County; board of commissioners; membership........................No Action HB 440 --Fulton County; board of commissioners; districts...............................No Action HB 441 --Local Tax Amnesty Program Act; enact.........................................................1501 HB 445 --Marriage licenses; HIV testing; confidentiality....................................No Action
HB 446 --Jury commissioners and clerk; compensation.......................................No Action
HB 448 --General Assembly members; fees or honoraria....................................No Action
HB 451 --Sales tax collection fee; certain casual sales.........................................No Action
HB 452 --Probationers; certain sentence; county jail confinement ....................No Action
HB 455 --Child support; certain unemployed parents; job training ..................No Action

3008

INDEX

HB 460 --Schools; standard building plans; State Board of Education compile...........................................................No Action
HB 461 --Conasauga Judicial Circuit; add judge ..................................................No Action HB 464 --Homicide; prohibit assisted suicide........................................................No Action HB 467 --Bad check issuance; postdated check; applicability............................No Action HB 469 --Code of Fair Campaign Practices; provisions.......................................No Action HB 471 --Insurance; motor vehicle accident claim;
two or more carriers; liability .........................1199, 1445, 2091, 2327, 2796 HB 473 --Liberty County; tax commissioner; compensation...............................No Action HB 475 --Driving under the influence; nolo contendere
plea; proof of completing DUI Alcohol or Drug Use Risk Reduction Program.........................................................No Action HB 477 --DUI Alcohol or Drug Use Risk Reduction Programs; regulate..............................................................................................No Action HB 478 --Ad valorem tax; recreational personal property; taxable situs.....................................................................No Action HB 479 --License plates; time period for issuance; transfers; decals................................................................................No Action HB 480 --Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program..........................................No Action HB 481 --Cobb County; homestead exemption; certain residents......................No Action HB 482 --Worker's compensation; cancellation procedures.................................No Action HB 483 --Child custody; death of custodial parent; child 14 years or older .....................................................................No Action HB 484 --Life insurance; corporations or trusts; insurable interest in employees......................................................No Action HB 488 --School enrollment; social security number; repeal certain requirement..............................................................No Action HB 492 --Blind Persons' Literacy Rights and Education Act; enact; migrant student grants; personnel certification ...................................2298, 2465, 2611, 2621, 2642, 2746, 2800 HB 494 --Elections; notice of certain federal candidacy; ballot..........................No Action HB 495 --Peace Officers' Annuity and Benefit; age requirements ....................56, 74, 330 HB 498 --Peace Officers' Annuity and Benefit; certain creditable service................................................................56, 88, 330 HB 499 --Sheriffs' Retirement; increase contributions and benefits......................................................................................56, 90, 330 HB 500 --Sheriffs' Retirement; former members; membership........................56, 235, 593 HB 501 --Superior Court Judges Retirement; spousal benefits..........................No Action HB 503 --Sandy Springs, City of; incorporate.......................................................No Action HB 504 --Atlanta, City of; council districts ...........................................................No Action HB 505 --State building codes; extensively revise provisions .............................No Action HB 506 --Cosmetologists; continuing education; certification.............................No Action HB 507 --Superior courts; selection of bailiffs; provisions ..................................No Action HB 510 --Evidence; pharmacists; privileged medical information......................No Action HB 512 --Sales tax exemption; school fund-raisers ..............................................No Action HB 513 --Ad valorem tax; payment by credit card ..............................................No Action HB 514 --Motor vehicles; staggered registration; amend provisions...........................................................................................No Action HB 516 --Irrigation contractors; licensing..............................................................No Action HB 517 --Jekyll Island--State Park Authority; membership .............................No Action
HB 518 --Jekyll Island--State Park Authority;
limit fee increases.............................................................................No Action
HB 519 --Jekyll Island--State Park Authority;
restrict certain activities .................................................................No Action
HB 521 --State government; involuntary separation

INDEX

3009

benefits; actuarial costs ...................................................................No Action HB 524 --Advertising of legal services; certain disclosure ...................................No Action HB 525 --Psychology; redefine practice..................................................................No Action HB 526 --Sales tax exemption; food for human consumption ............................No Action HB 527 --Workers' compensation self-insurance funds;
solicitation of membership; unemployment benefits; recovery of overpayments ...............................................................2296, 2325 HB 529 --Child Advocacy Act; enact.......................................................................No Action HB 530 --Child abuse evidence; report to district attorney................................No Action HB 531 --Juvenile proceedings; amend provisions................................................No Action HB 532 --Education; parenting skills instruction; grades 8-12...........................No Action HB 533 --Contributing to delinquency of minor; commission of violent crimes; penalties......................................1477, 1597,
2240, 2321, 2433, 2551, 2611, 2761, 2800 HB 534 --Family violence; arrest of perpetrator; victim's wishes.......................No Action HB 535 --Open records; trade secret; exemption..................................................No Action HB 537 --Physicians' assistants; duties and functions...........................................761, 1606 HB 539 --Teachers Retirement; age 60 years or under;
remove penalty .................................................................................No Action HB 541 --Health planning; hospitals; previous bed capacity ..............................No Action HB 542 --Theft; misappropriation of a trade secret;
define offense....................................................................................No Action HB 545 --Construction contractors; payment bonds
or security deposits..........................................................................1409, 1488 HB 546 --Highways; commercial driveway permit; fees.......................................No Action HB 549 --Sales tax exemption; certain sales by
certain schools..............,....................................................................No Action HB 553 --Monuments Protection Act; enact..........................................................No Action
HB 554 --Governmental entities; millage rate; advertisement; hearing ....................................................................No Action
HB 555 --Criminal Justice Coordinating Council; add member .........................No Action HB 558 --Lakes; water quality standards; adopt...................................................No Action HB 559 --Probate courts; misdemeanor jurisdiction; guilty plea........................No Action HB 560 --Solid waste disposal site; approval of electors .....................................No Action HB 561 --Mobile homes; transporting to another county; decal ........................No Action
HB 562 --Sales tax exemption; certain sales by certain schools............................................................................810, 963, 1691
HB 563 --Tax executions; transferees .....................................................................No Action HB 564 --Motor vehicle license plates; revocation................................................No Action HB 565 --Tax sales; political subdivisions purchasing
property; amount .................................................................................108, 280 HB 566 --Erosion and Sedimentation Act; land-
disturbing activities .........................................................................No Action HB 567 --Ad valorem tax; unpaid taxes; final settlement period ..........................108, 281 HB 571 --Day-care centers; vans or buses; lighting requirements......................No Action HB 572 --Condominiums; amend provisions ...................................................271, 624, 1319 HB 573 --Grandparents visitation rights; ex-affines grandparents ....................No Action HB 574 --Property Owners' Association Act; enact................................................951, 1389 HB 575 --Child custody; amend provisions............................................................No Action HB 576 --Nonresident jurisdiction; child support
or alimony modification ..................................................................No Action HB 577 --Child support award; computation.........................................................No Action
HB 578 --Excise tax; certain food service establishments ...................................No Action
HB 579 --Child support; certain unemployment; job training ............................No Action
HB 580 --Drivers' licenses; highlighted birthdate;
renewal by mail ................................................................................No Action
HB 581 --Ogeechee Judicial Circuit; add judge.....................................................No Action

3010

INDEX

HB 582 --Local school boards; certain meditation procedures; adopt policy .................................................................No Action
HB 587 --Income tax credit; recycling manufacturing facility............................No Action HB 589 --Statewide telecommunications network; certain retirees....................No Action HB 590 --Workers' compensation; self-insurance
fund; gross annual premiums.........................................................No Action HB 591 --Workers' compensation; rejected policies; rates...................................No Action HB 592 --Sales tax exemption; electricity for
chlor-alkali manufacturing..............................................................No Action HB 594 --Game and fish; saltwater recreational
fishing; licensing...............................................................................No Action HB 596 --Income tax; dependent exemption; retirement
income exclusion....................................................................!037, 1160, 2036 HB 598 --Elections; code of ethics for candidates ................................................No Action HB 599 --Action for trespass or damage to realty;
hazardous material...........................................................................No Action HB 601 --Medical assistance; voucher program for
private health care ...........................................................................No Action HB 602 --Abortion; Female's Right to Know Act; enact ...............................................1431 HB 605 --Municipalities; minimum distance between
boundaries; exception......................................................................No Action HB 606 --Elections; nomination and qualifying petitions;
amend provisions..............................................................................No Action HB 607 --Public works contracts; certain counties;
nondiscrimination.............................................................................No Action HB 608 --Elections; municipalities; use county
registration system...........................................................................No Action HB 609 --Candidate; withdrawal at general election; provisions........................No Action HB 610 --Contract awards; certain counties; nondiscrimination........................No Action HB 611 --Voter registration; driver's license examiners.......................................No Action HB 613 --Sales and use tax; increase one percent;
education funding.............................................................................No Action HB 615 --Public assistance; electronic transfer of benefits.................................No Action HB 616 --Ad valorem tax; refunds; sales price less
than assessed value ..........................................................................No Action HB 617 --Education; driver's education; program
weights; art, music, physical education.........................................No Action HB 618 --Special license plates; additional fees;
delete requirement...........................................................................No Action HB 620 --South Georgia Judicial Circuit; add judge............................................No Action HB 622 --Driving under the influence; persons under
age 21; blood alcohol content.........................................................No Action HB 623 --Motor vehicle emission inspections; extend
to all counties....................................................................................No Action HB 624 --Waste management; yard trimmings; disposal.....................................No Action HB 625 --Fulton County; certain bonds; repeal local
constitutional amendment..............................................................No Action HB 627 --Teachers Retirement; certain creditable
service; no age requirement............................................................No Action HB 628 --Superior court administrators; compensation.......................................No Action HB 629 --Residential telephones; 976 or 900 number; by request.....................No Action HB 631 --Polygraph examiners; public employees; repeal exemption ...............No Action
HB 632 --Employees' Retirement; membership; Georgia
Music Hall of Fame Authority employees...............................56, 425, 1319
HB 633 --Employees' Retirement; certain judicial
secretaries; creditable service...................................................637, 858, 1369
HB 635 --Wildlife management areas; handicapped

INDEX

3011

persons operate all-terrain vehicles...............................................No Action HB 637 --State flag; required display; public buildings.......................................No Action HB 638 --Tobacco products; possession by minor under age 18 ........................No Action HB 639 --Workers' compensation; self-insurance
funds; similar classification ............................................................No Action HB 640 --Motor vehicles; certain casual sales;
sales tax exemption..........................................................................No Action HB 641 --Nonperpetual care cemeteries; exempt from registration...............................995 HB 642 --Child support; net income ..............................................................481, 1500, 1502 HB 644 --Elections; public officers; financial
disclosure statements.......................................................................No Action HB 645 --Driver's license; persons under age 18;
school requirement...........................................................................No Action HB 646 --General appropriations; conference
committee report; requirements.....................................................No Action HB 647 --Driving under the influence; persons under
age 21; license suspension...............................................................No Action HB 649 --Personal care home; licensing; long-
term care ombudsman......................................l073, 1326, 2039, 2125, 2797 HB 650 --Personal care home; employee records
checks; definition of crime.......................................................808, 976, 2036 HB 652 --Dangerous practices; machine gun or
firearm with silencer; penalties..........................................................271, 336 HB 654 --Trade practices; personal property leases;
laws of state ......................................................................................No Action HB 655 --Western Judicial Circuit; add judge ......................................................No Action HB 656 --Senior court reporter; create office ........................................................No Action HB 658 --Reinsurers Guaranty Pool Act; enact....................................................No Action HB 659 --Willful obstruction of emergency medical
technician; prohibitions; penalties.............................................................446 HB 662 --Employees' Retirement; certain troopers;
25 years of service............................................................................No Action HB 663 --General Assembly; full-time officials;
salary supplement............................................................................No Action HB 664 --Ad valorem tax; exempt blueberry plants..................................2613, 2699, 2798 HB 665 --Employment; termination contrary to public
policy; prohibit .................................................................................No Action HB 666 --Sexual offenses; amend provisions.........................................................No Action HB 667 --State employees; mass transit employee
benefit; provisions............................................................................No Action HB 668 --State government; employment in more than
one branch; exception to prohibition............................................No Action HB 670 --Employees' Retirement; death of retired
member; payment of allowance...................................................56, 307, 725 HB 671 --Employees' Retirement; certain county
probation and intake employees; transfer credit........................................................................................!307, 1536, 2198 HB 672 --Reapportionment; House of Representatives; districts 110 and 123........................................................................No Action HB 674 --Hospital authorities; real property; ad valorem tax.......................................................................!08, 243, 1488, 1706 HB 675 --State contracts; minority business participation .................................No Action
HB 676 --Telephones; disbursements from Universal
Service Fund for 16 mile calling radius
expenses ....................................................................................986, 1561, 2198
HB 679 --Domestic relations action; definition;
court order..........................................................................326, 609, 656, 2036

3012

INDEX

HB 681 --Excise tax; tobacco products other than cigars and cigarettes ........................................................................No Action
HB 683 --Tax assessments; appeals to superior court; utilize county appraisal staff ..........................................................No Action
HB 684 --Tax assessments; taxpayer and board of equalization disputes; arbitration..................................................No Action
HB 685 --Employees' Retirement; Agrirama Development Authority; creditable service........................................................56, 297, 995
HB 686 --Human body parts; removal from scene of death; exception to prohibition.....................................................447, 486
HB 690 --Criminal Justice Coordinating Council; serve as Crime Victims Compensation Board; maximum victim compensation award; direct service providers..............................997, 1566, 1715, 2007, 2055, 2632, 2800
HB 692 --Motor vehicle dealers; reassignments; certificate of title..............................................................................No Action
HB 693 --Sales tax exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops..........................No Action
HB 694 --Home improvement loans; security instrument; provisions ...............No Action HB 698 --Special license plates; additional fees;
delete requirement...........................................................................No Action HB 699 --Wine; deliveries in vehicles owned by
dealer's employees............................................................................No Action HB 700 --George L. Smith II Georgia World Congress
Center; activities on sidewalks; amend provisions......................No Action HB 702 --Reapportionment; House of Representatives;
districts 113 and 114........................................................................No Action HB 703 --Labor unions; nonmembers; representation charge.............................No Action HB 705 --Employees' Retirement; change language.............................................No Action HB 706 --Teachers Retirement; change language.................................................No Action HB 707 --Public School Employees Retirement; change name ..........................No Action HB 708 --Employees' Retirement; 33 years of service..........................................No Action HB 709 --Employees' Retirement; 32 years of service..........................................No Action HB 710 --Probate courts; jurisdiction; certain boat
safety violations......................................2620, 2641, 2758, 2782, 2784, 2800 HB 711 --Emergency wreckers; provisions.............................................................No Action HB 715 --Local government; certain property in
adjoining county; prohibit purchase ...............................................637, 1303 HB 716 --Abortion; Civil Rights Protection Act; enact........................................No Action HB 721 --Agriculture; commercial feed program; fees .........................................No Action HB 722 --Weights and measures; scales and mechanics;
registration fees................................................................................No Action HB 723 --Dispossessory proceedings; reports to
Department of Family and Children Services.............................No Action HB 724 --Lottery; lien against winnings by state agencies..................................No Action HB 725 --American Indians; protection of burial
objects; recognize tribes...................................................................No Action HB 726 --Motor vehicle registration records;
inspection by private detectives.....................................................No Action HB 727 --Special purpose sales tax; aviation projects..........................................No Action HB 729 --Employees' Retirement; certain judicial
secretaries; prior service cost..........................................................No Action
HB 732 --Firearm sales; dealer provisions; records checks..................................No Action
HB 733 --Sales tax exemption; certain industrial
materials; granite..............................................................................No Action
HB 734 --Workers' compensation; self-insurance
funds; premium taxes ......................................................................No Action

INDEX

3013

HB 736 --Boards of equalization; taxpayer appeals; written decisions...............................................................................No Action
HB 738 --Elections; early voting; provisions ..........................................................No Action HB 739 --Municipal elections; "None of the Above"
selection on ballot; runoffs .............................................................No Action
HB 740 --State or local bonded indebtedness; private legal counsel; selection by competitive bidding...........................No Action
HB 742 --Local income tax; referendum to impose; revise provisions...............................................................................No Action
HB 747 --Peachtree City, City of; corporate limits ..............................................No Action HB 748 --Special license plates; additional fees;
delete requirement...........................................................................No Action HB 749 --Sales and use tax; definitions; farm equipment repair .......................No Action HB 752 --Torts; collateral sources...........................................................................No Action
HB 754 --Credit life or credit accident and sickness insurance; prohibitions....................................................................No Action
HB 760 --Lobbyist disclosure; definitions..............................................................No Action HB 761 --Accident and sickness insurance; mental
disorders; repealers ..........................................................................No Action HB 762 --Thomaston-Upson County Office Building
Authority; powers ..................................................................1684, 1685, 2035 HB 763 --Superior Court Clerks' Retirement;
increase benefits.........................................................................637, 972, 1691 HB 765 --Firearm possession; marijuana offense; penalty...................................No Action HB 766 --Elections; financial disclosure; amend provisions................................No Action HB 767 --Lottery tickets; certain sale or advertising; prohibit...........................No Action HB 769 --Motor Fuel Unfair Practices Act; enact ................................................No Action HB 770 --Motor vehicle accident insurance;
certain optional coverage ................................................................No Action
HB 771 --Workers' compensation; less than seven employees; applicability ..................................................................No Action
HB 772 --State employees' health insurance; contract with county; part-time employees..................................No Action
HB 773 --Lobbyist disclosure; certain public officers; change definition...............................................................No Action
HB 777 --Open meetings and open records; certain hospitals............................No Action HB 778 --Medical assistance; certain medicare
recipients; prescription drugs .........................................................No Action HB 783 --"Georgia"; designate official state poem..............................................No Action HB 785 --Motor fuel tax; increase...........................................................................No Action HB 786 --Sales tax exemption; certain fruits, nuts,
vegetables, Vidalia onions, or truck crops......................................434, 2296 HB 788 --Coin operated amusement machines; license fee.................................No Action HB 791 --Food service establishment; nonsmoking area .....................................No Action HB 794 --State flag; change design .........................................................................No Action HB 795 --Competitive Practices Act of 1993; enact.............................................No Action HB 796 --False advertising; certain cable television
transmission; prohibit......................................................................No Action HB 798 --Driving under the influence; breath
testing machine; components .........................................................No Action HB 799 --Motor vehicles sales; exempt sales tax;
impose ad valorem tax ....................................................................No Action
HB 800 --Coin operated amusement machines; license
and permit fees; repeal certain repealer........................................810, 1003,
1133, 2040, 2130, 2239, 2321, 2494, 2743, 2801
HB 801 --Cosmetology; natural hair care specialists; regulate............................No Action
HB 803 --Income tax; taxable nonresident.............................................................No Action

3014

INDEX

HB 804 --District Attorneys' Retirement; increased benefits; over 16 years service...................................................254, 277, 593
HB 805 --Municipal charter commissions; provisions........................................79, 251, 275 HB 806 --District Attorneys' Retirement; 20 years
service; retire at age 55 ...................................................................No Action HB 807 --Employees' Retirement; certain hospital
authorities; service credit .............................................................56, 279, 593 HB 808 --Fulton County; board of commissioners; districts...............................No Action HB 809 --Atlanta Judicial Circuit; add judge........................................................No Action HB 812 --Handicapped persons; private residence accessibility.........................No Action HB 816 --Certificate of need; home health agencies;
delete certain provisions .................................................................No Action HB 819 --Constitutional officers; employment of
private legal counsel ........................................................................No Action HB 820 --Grand juries; oath; gender changes and grammatical revisions...................2787 HB 821 --Firemen's Pension; service credit for prior service..............................No Action HB 822 --Open records; certain administrative
proceedings; approval......................................................................No Action HB 823 --Motor vehicle insurance; prohibit
surcharge; driver clinic attendance................................................No Action HB 824 --Special license plates; registration fees;
amend provisions..............................................................................No Action HB 827 --Bicycles on roadways; exceptions to right side requirement..........................740 HB 828 --Criminal procedure; discovery and
inspection; disclosure; depositions; criminal history records.......................................444, 782, 2330, 2454, 2797 HB 829 --Education; local school systems; equal athletic opportunities ......................................................................No Action HB 832 --Crimes; commission by felon using firearm .....................................271, 622, 648 HB 834 --Insurance; unfair trade practices; availability of policies......................................................................No Action HB 835 --Ad valorem tax; homestead exemption; waiver....................................No Action HB 837 --Georgia Prompt Pay Act; enact...................................317, 488, 1757, 2010, 2797 HB 838 --Georgia Bureau of Investigation laboratories; controlled substances or dangerous drugs; testing.................................................473, 660, 1965, 2137 HB 842 --Vital records; spontaneous fetal deaths; reporting provisions.........................................................................No Action HB 847 --Limousine carriers; Public Service Commission regulate...................No Action HB 848 --Personal care home; rename adult residential care home..................No Action HB 849 --Public debt; solid waste; certain facilities.............................................No Action HB 850 --Education; student assessment programs; amend provisions..............................................................................No Action HB 851 --State purchasing; certain acquisitions; regulate...................................No Action HB 852 --Open meetings and open records; certain health care entities...........................................................................No Action HB 854 --Education; sex education and AIDS prevention instruction.........................................................................................No Action HB 857 --Emergency rooms; life-threatening conditions; prohibit certain delays.....................................................................No Action HB 860 --Carrying weapon at school function or on property; searches; reports..............................................................No Action
HB 861 --Local sales tax; prohibitions; exception.................................................No Action
HB 862 --Water, gas, sewerage service, or electricity
to residential property; prior occupant's
unpaid charges; limited liens...................................................637, 876, 1755
HB 863 --Stalking and aggravated stalking; define offenses...............................No Action

INDEX

3015

HB 864 --Life insurance; premium refunds; time limitation...............................No Action HB 865 --Handicapped persons; public facilities; accessibility...........................No Action HB 866 --Blasters; licensing provisions............................................................317, 688, 2037 HB 871 --Douglasville, City of; corporate limits ...................................................No Action HB 877 --Hunting deer; certain crossbows during archery season.....................No Action HB 878 --Biomedical waste thermal treatment
technology facility; prohibit until 10/1/96....................................No Action HB 879 --Vehicle stopping on road; exception
to prohibition; municipal solid waste transport.....................................................................................520, 967, 2037 HB 880 --Motor vehicle registration; out-of-state certificate of title..............................................................................No Action HB 881 --Northern Judicial Circuit; add judge.....................................................No Action HB 882 --Criminal Justice Coordinating Council; membership..........................No Action HB 883 --Highway definitions; include transportation enhancement activities....................................................................No Action HB 884 --Banking and finance; automated teller machines; safety...................No Action HB 886 --Title insurers; licensing and regulation.................................................No Action HB 887 --Anesthesiologists; schedule of charges...................................................No Action HB 889 --Home health agencies; assessment for Indigent Care Trust Fund ..............................................................................No Action HB 890 --Agrirama; designate as "Georgia's Living History Museum".............................................................................No Action HB 891 --Contracts; petroleum products; federal tax reimbursement...........................................................................No Action HB 892 --Public assistance; food stamps; electronic transfer of cash equivalent...........................................No Action HB 893 --Teachers Retirement; disability; date....................................................No Action HB 894 --Emergency medical technicians, paramedics, and cardiac technicians; recertification; amend provisions..............................................................................No Action HB 895 --Life insurance; valuation of reserves; opinion of qualified actuary ...........................................................No Action HB 896 --County and state ordinances; violations; maximum fine....................No Action HB 897 --Elections; amend provisions ..............................................................71, 282, 2333,
2452, 2495, 2561, 2611, 2701, 2801 HB 898 --Gambling on "voyages to nowhere"; prohibit.......................................No Action HB 900 --Insurance policies and documents;
simplification of form ......................................................................No Action HB 901 --Income tax deduction; interest on certain
motor vehicle loans ..........................................................................No Action HB 902 --Public retirement systems; certain military
service credit; amend provisions....................................................No Action HB 903 --Open meetings; repeal certain penalty provisions...............................No Action HB 904 --Lay Midwifery Act; enact........................................................................No Action HB 905 --East Point, City of; building authority; members ...............................No Action HB 906 --Ad valorem tax; fair market value; current
use property; timber ........................................................................No Action HB 907 --Political action committees; connected organization...........................No Action HB 912 --Alcoholic beverages; package size
definitions; hotel in-room service; minimum container.....................................................................................393, 674, 1755
HB 913 --Fulton County School Employees Pension Fund;
amend provisions ...................................................................1146, 1378, 1756
HB 914 --Insurance; capital stock; additional surplus..............................................72, 596,
2296, 2452, 2597, 2617, 2643
HB 915 --Water well contractors; previous licensee; new license.......................No Action

3016

INDEX

HB 922 --Lawrenceville, City of; corporate limits.................................................No Action HB 923 --State budgetary processes; amend provisions.......................................No Action HB 925 --Employees' Retirement; postretirement
benefit adjustment ...........................................................................No Action HB 926 --Municipal courts; consolidated governments;
misdemeanor jurisdiction................................................................No Action
HB 929 --Nonpublic postsecondary educational institutions; amend provisions................................................283, 800, 2238, 2318, 2612, 2618, 2642, 2773, 2801
HB 931 --Chatham County; chief magistrate; nonpartisan election ..................No Action HB 932 --Chatham County; probate judge; nonpartisan election ......................No Action HB 933 --Chatham County; recorder's court judge;
nonpartisan election.........................................................................No Action HB 934 --Commerce and trade; Truth in Polling Act; enact..............................No Action HB 937 --Education; midterm adjustments; training and experience ...............No Action HB 938 --Nonpublic postsecondary education; public
records; exemption...........................................................................No Action HB 939 --Building codes; state minimum standards;
converted railroad cars ....................................................................No Action HB 943 --Pawnbrokers; motor vehicle sales at auction; license..........................No Action HB 945 --Gainesville, City of; utility fees outside
corporate limits.................................................................................No Action HB 947 --Atlanta, City of; council districts ...........................................................No Action HB 952 --Electrical, plumbing, or conditioned
air contracting; grandfathering ......................................................No Action HB 953 --Proprietary schools; graduate placement requirements......................No Action HB 954 --State parks; certain facilities and
services; taxable .....................................................................1359, 1551, 1613 HB 956 --State government; involuntary separation;
position remain unfilled ..................................................................No Action HB 957 --Augusta Judicial Circuit; add judge.......................................................No Action HB 959 --Employees' Retirement; certain agricultural
commodity commission employees; service credit....................56, 238, 593 HB 965 --Beauty pageants; amend provisions ......................................317, 459, 2330, 2568 HB 967 --Electrical contractors; low-voltage and
utility contracting.............................................................................No Action HB 969 --State Defense Force; amend provisions.................................................No Action HB 973 --Blasting on property adjacent to residential
property; quarries.............................................................................No Action HB 974 --Covenants running with the land; repeal
certain search requirement.............................................................No Action HB 975 --Hazardous waste; petroleum contaminated soil; limits.......................No Action HB 977 --Elections; Code of Fair Campaign Practices; provisions ....................No Action HB 980 --Special license plates; annual fees; amend............................................No Action
HB 981 --Tag agents; certain additional compensation; fee deduction.....................................................................................No Action
HB 986 --Motor vehicles; certificate of title; transfer by assignment....................................................................No Action
HB 988 --Elections; persons over age 65; vote without waiting..........................No Action HB 989 --Eminent domain; condemnation award; set
off by tax liens.................................................................403, 658, 1800, 2132 HB 992 --Superior court clerks; minimum annual salaries..................................No Action
HB 993 --Elections; late voters; register and vote same day...............................No Action
HB 994 --Torts; sexual harassment; right of action; limitation ..........................No Action
HB 997 --Georgia Civil War Commission; create ..................................................No Action
HB 998 --Muscogee County; school district; libraries ..........................................No Action
HB 999 --Education; Individual Education Program;

INDEX

3017

parental access..................................................................................No Action HB 1000 --Driver's license suspension; drug related offenses ........................740, 864, 1487 HB 1006 --Georgia Health Care Act; enact..............................................................No Action HB 1007 --Cigarettes; excise tax; increase................................................................No Action
HB 1008 --Health insurance; small employer benefit plans; standards................................................................................No Action
HB 1009 --Medical assistance; voucher program for private health care ...........................................................................No Action
HB 1011 --Augusta, City of; repeal charter; referendum.......................................No Action HB 1012 --Augusta-Richmond County Commission-Council; provisions............No Action HB 1019 --Superior Court Judges Retirement;
postretirement benefits; retirement age....................................................637 HB 1020 --Trial Judges and Solicitors Retirement;
spousal benefits; contributions ....................................................56, 280, 725
HB 1021 --McDuffie County; board of commissioners; certain annual report.......................................................................No Action
HB 1024 --Emergency "911" system; public authority to operate; local governments create.............................................No Action
HB 1025 --Expert witnesses; qualification provisions; malpractice action............................................................................No Action
HB 1026 --Superior court judges; nonpartisan elections; plurality; ballots..............................................................No Action
HB 1027 --Health insurance; certain secondary conditions; coverage .................No Action HB 1029 --School buses; load limit...........................................................................No Action HB 1030 --Health insurance; insurer; subrogation...........;......................................No Action HB 1034 --Hall County; board of education; nonpartisan elections ....................No Action HB 1053 --Lithia Springs, City of; new charter ......................................................No Action HB 1059 --Coweta Judicial Circuit; add judge........................................................No Action HB 1062 --Counties; Parents' Committee; provisions ............................................No Action HB 1063 --Employees' Retirement; certain county transfer
to Department of Children and Youth Services; membership.......................................................................................No Action HB 1064 --Education; child abuse prevention; course requirement.....................No Action HB 1065 --Special license plates; retired reservists ................................................No Action HB 1066 --Juveniles in custody; time for hearing; maximum incarceration...................................................................No Action HB 1067 --Thomson, City of; expenditures and fees; annual report ...................No Action HB 1068 --McDuffie County; expenditures and fees; annual report ...................No Action HB 1073 --Driving under the influence; chemical test; information required from arresting officer........................No Action HB 1074 --Municipal utilities; fees outside corporate limits ...................................................................................520, 523, 579, 2035 HB 1075 --Anatomical Gift Act; representative ad litem; provisions ..................No Action HB 1077 --Jasper County; board of commissioners; reapportion.........................No Action HB 1078 --Jasper County; board of education; districts........................................2432, 2491 HB 1080 --Anti-motor Vehicle Hijacking Act of 1994; enact...................................271, 337,
2091, 2693 HB 1082 --Cobb County; sheriff and chief investigator.....................................................994 HB 1084 --Fulton County; homestead exemption; certain residents...................No Action HB 1085 --Cobb County Elected Officials'
Compensation Review Commission; create..................................No Action HB 1086 --Employees' Retirement; certain pilots; additional credit ...................No Action
HB 1087 --Juvenile proceedings; deprived child; legal custody............................No Action
HB 1088 --Wadley, City of; mayor and council; districts......................................No Action
HB 1090 --Judges of the Probate Courts Retirement; retire at age 55.............................................................................56, 298, 1815
HB 1091 --Judges of the Probate Courts Retirement;

3018

INDEX

certain membership.......................................................................56, 299, 814 HB 1092 --Fulton County; board of education; president.....................................No Action HB 1097 --Innkeepers; define guest; amend provisions .........................................No Action HB 1098 --Savannah-Chatham County Anti-Drug
Commission; dissolve; repeal Act creating ...................................No Action HB 1099 --Bail bond business; repeal certain prohibition.....................................No Action HB 1100 --Weapons prohibited on school property;
include bludgeon-type instruments ........................................271, 499, 1428 HB 1101 --Employees' Retirement; postretirement benefit adjustment .............No Action HB 1103 --Education; service cancelable loans;
certain registered nurses.......................................................1037, 1557, 2430 HB 1104 --Employees' Retirement; certain prior county service; credit.......................1307 HB 1105 --Teachers Retirement; certain public school
employees; membership...................................................................No Action HB 1109 --Lula, City of; new charter.................................................................705, 706, 1367 HB 1111 --Employees' Retirement; Vietnam service credit..................................No Action HB 1112 --Covenants running with the land; planned
subdivision amendments.................................................................No Action HB 1113 --Talbot County; board of commissioners; districts ....................1147, 1147, 1426 HB 1114 --Barbershops; licensing provision; apprentices......................................No Action HB 1119 --Courts; civil contempt arrest orders;
Georgia Crime Information Center network..........................................1176 HB 1120 --Evidence; facsimile transmissions; admissibility..................................No Action HB 1122 --Courts; certain judicial and county officials;
legal counsel......................................................................................No Action HB 1125 --Fishing in public fishing area; fee..........................................................No Action HB 1126 --Georgia Laws; distribution by request...................................................No Action HB 1127 --Industrial life insurance; maximum face amount of policy................No Action HB 1128 --Public school employees and retirees; health insurance.....................No Action HB 1129 --Employees' Retirement; certain military service credit......................No Action HB 1130 --School superintendent; contract; summer
school program; instructional costs........................................739, 975, 2041, 2125, 2238, 2244, 2389, 2650, 2801
HB 1131 --Teachers Retirement; certain unpaid leave; creditable service..............................................................................No Action
HB 1132 --Employees' Retirement; certain persons; retire after 20 years ....................................................................................No Action
HB 1133 --Chatham County Intergovernmental Council; repeal Act creating...............331 HB 1134 --Covenants running with the land; antennae
installation; amateur radio operators............................................No Action HB 1135 --Land Surveyors, State Board of; create................................................No Action HB 1136 --Georgia Ports Authority; police powers..............................445, 1678, 2240, 2365 HB 1137 --Technical and Adult Education, State Board of; personnel..............No Action HB 1138 --Appling County; board of commissioners; districts.............................No Action HB 1139 --Appling County; board of education; districts .....................................No Action HB 1140 --Ad valorem tax; mobile homes; classification.......................................No Action HB 1141 --Trial Judges and Solicitors Retirement;
magistrate judges; membership......................................................No Action HB 1142 --Insurance; cancellation of policy; written request...........................284, 410, 815 HB 1143 --Development authorities; county projects
in municipalities...............................................................................No Action HB 1144 --Employees' Retirement; spousal benefits..............................................No Action
HB 1145 --Revenue bonds; telecommunications systems; provisions ..................No Action
HB 1146 --Camden County; board of commissioners; election ..................1311, 1312, 1689
HB 1147 --Sales tax exemption; public works projects..........................................No Action
HB 1148 --Bad check diversion program; Attorney General establish................No Action
HB 1149 --Board of regents; limit certain appropriations.....................................1643, 1677

INDEX

3019

HB 1150 --Denturitry; regulate practice...................................................................No Action HB 1151 --Motor Vehicles Board, Department, and
commissioner; create........................................................................No Action HB 1152 --Newton County; certain officers; compensation............................30, 72, 73, 592 HB 1153 --Employees' Retirement; certain employees of
county departments of family and children services; service credit ....................................................30, 1343, 1469, 2198 HB 1154 --Private residences; physically handicapped access............................................30 HB 1155 --Public events; handicapped seating; provisions .................................................30 HB 1156 --Energy resources; Tax Disclosure Act; enact......................................................30 HB 1157 --Hotels and motels; post certain notice in guest rooms.....................................30 HB 1158 --Workers' compensation; safety committees; provisions....................................30 HB 1159 --Public retirement systems; creditable service; temporary disability.........................................................................30 HB 1160 --Employees' Retirement; creditable service; forfeited leave..............................30 HB 1161 --Employees' Retirement; creditable service; certain military service..................................................................................30 HB 1162 --Courts; fines and forfeitures; certain traffic offenses; administrative fee ..............................................................30 HB 1163 --Motor vehicle insurance; personal lines policy; agent's service fee ..............................................................................30 HB 1164 --Pari-mutuel racetracks and wagering; authorize................................................30 HB 1165 --Employees' Retirement; certain Corrections Department employees; 55 years of age .....................................................30 HB 1166 --Judges of the Probate Courts Retirement; cost-of-living benefit....................30 HB 1167 --Hazlehurst, City of; elections................................................................................30 HB 1168 --Reapportionment; congressional districts; composition...................14, 54, 1596 HB 1169 --Georgia Lottery Corporation; duties and powers; amend ..........................15, 54 HB 1170 --Ad valorem tax; exempt certain veterans organizations; referendum ......................................................................15, 54 HB 1171 --Motor vehicle license fees; decrease...............................................................15, 54 HB 1172 --Sales tax; certain casual sales; applicability.................................................15, 54 HB 1173 --Sales tax; certain casual sales; applicability.................................................15, 54 HB 1174 --Lottery; ticket sales on Sundays and Christmas day; prohibit.............................................................................................15, 54 HB 1175 --Drivers' licenses; Classes C and M; reduce fees...........................................15, 54 HB 1176 --Motor vehicles; certificate of title; decrease fees.........................................16, 54 HB 1177 --Boards of education; per diem; certain local salary supplements; limit decreases.....................................................16, 54,
808, 961, 2040, 2152 HB 1178 --Regional development centers; territorial
boundaries ................................................................................16, 54, 254, 302 HB 1179 --Downtown development authorities;
directors; terms..................................................................16, 54, 79, 238, 643 HB 1180 --Housing authorities; elected official
serve as commissioner...............................................................16, 54, 79, 239 HB 1181 --Dogs and cats for adoption; sterilization
by animal shelter................................................16, 54, 664, 825, 1357, 1391 HB 1182 --Bingo by nonprofit organizations; nonmember
employment................................................................................l6, 54, 79, 240 HB 1183 --Recreational bingo; operation by nonprofit
organizations...................................................17, 54, 79, 242, 726, 906, 2042
HB 1184 --Watercraft; operation without driver's
or learner's license; prohibit...................................................................17, 54
HB 1185 --Tuition equalization grants; approved school;
definition..........................................................l7, 54, 1362, 1604, 2295, 2324
HB 1186 --AIDS confidential information; certain

3020

.

INDEX

disclosure; authorization.........................................................17, 54, 284, 425 HB 1187 --Georgia Sports Hall of Fame Authority; create ...................................17, 54, 78,
91, 1370, 1397, 2796 HB 1188 --Appeals; supersedeas bond; motion in
trial court.......................................................................17, 54, 107, 280, 1048 HB 1189 --Appeals; applications; uniform time...................................17, 54, 107, 280, 1048 HB 1190 --Grand juries; duties and powers; amend provisions...................18, 54, 284, 312 HB 1191 --Georgia Agricultural Exposition Authority;
venue for actions; Houston County..............................18, 54, 253, 276, 726 HB 1192 --Municipal officers; certain terms of office;
expiration date..............................................................18, 54, 325, 602, 1756 HB 1193 --Utility contractors; licensing; amend
provisions ...........................................................................18, 54, 78, 245, 525 HB 1194 --Employment security; definitions; State-wide
Reserve Ratio; unemployment benefits.....................!8, 54, 317, 455, 1097 HB 1195 --Flea markets; records..................................................!8, 54, 403, 859, 1757, 1925 HB 1196 --Ad valorem tax; valuations established
by appeal; subsequent years.................................................19, 55, 520, 823, 1320, 1407, 1758, 1788, 1966, 2142, 2202
HB 1197 --Carjacking; define offense ...............................................................................19, 55 HB 1198 --Aggravated assault; redefine offense; include
drive-by shooting..............................................19, 55, 946, 1168, 2040, 2137 HB 1199 --Constitutional amendments; contributions
to influence voter approval or rejection ..............................19, 55, 325, 616 HB 1200 --Torts; volunteer physicians; team physical...................................................20, 55 HB 1201 --Weapons; pistol or revolver; prohibit
license to felons.............................................................20, 55, 762, 825, 1756 HB 1202 --Controlled substances; gamma hydroxy butytrate......................................20, 55 HB 1203 --Civil practice; court costs................................................................................20, 55 HB 1204 --Municipal elections; runoffs; date..........................................................21, 55, 443 HB 1205 --Motor vehicle; title transfer; waive penalty and interest...........................21, 55 HB 1206 --Physicians; referrals for tests..........................................................................21, 55 HB 1207 --Ad valorem tax; assessment appeal; temporary
tax bill..................................................................21, 55, 520, 973, 2041, 2150 HB 1208 --Code of Georgia; corrections....................................................21, 55, 72, 248, 643 HB 1209 --Firearms; certain possession; exemption
from prohibition .................................................21, 55, 473, 791, 1488, 1710 HB 1210 --Hunting; feeding or baiting locations for deer.............................................22, 55 HB 1211 --Workers' compensation; claimant's award; attorney's fees........................22, 55 HB 1212 --Workers' compensation; falsely obtaining benefits; penalty......................22, 55 HB 1213 --HOPE scholarship grants; extend to private colleges.................................22, 55 HB 1214 --Ad valorem tax; motor vehicle registration;
penalty for false information ......................................22, 55, 285, 311, 1210 HB 1215 --Nonpartisan elections for consolidated
governments; provisions.................................................22, 55, 284, 309, 919 HB 1216 --Schools; student initiated prayer; use of property ......................................23, 55 HB 1217 --Controlled substances and dangerous drugs;
amend listing.................................................................23, 55, 472, 676, 1487 HB 1218 --Retirement and Pensions Code; corrections..........................23, 55, 72, 249, 643 HB 1219 --Elections Code; correction........................................................23, 55, 72, 250, 643 HB 1220 --Property; criminal trespass; posting notice..................................23, 55, 403, 792 HB 1221 --Special license plates; retired National
Guard members; amateur radio operators .........................23, 55, 284, 428,
2040, 2130, 2239, 2279, 2332, 2690, 2801
HB 1222 --Local sales tax; funding for homestead
exemptions; special districts..............................................24, 55, 1037, 1539
HB 1223 --Motor vehicles; replacement license plate

INDEX

3021

or title; fees......................................................................24, 55, 284, 334, 815 HB 1224 --General contractors; licensure.........................................................................24, 55 HB 1225 --Ticket sales; prohibit scalping; specify
service charges on advertisements ...............................................24, 55, 762, 868, 1370, 1473, 1489, 1707, 1758, 2022, 2042
HB 1226 --Real estate appraisers; temporary permits; penalties...............................................................24, 55, 403, 679, 1098, 1398
HB 1227 --Real estate brokers and salespersons; licensure; amend provisions..............................24, 55, 403, 682, 1098, 1402
HB 1228 --Evidence; certain videotapes; admissibility.........................................25, 55, 271, 314, 2641, 2734, 2739
HB 1229 --Parole; certain sex offenders; notify officials of address..........................................25, 55, 1073, 1520, 2041, 2139
HB 1230 --Driving under the influence; first or second conviction; work release.............................................................25, 55
HB 1231 --Elections; code of conduct for candidates ....................................................25, 55 HB 1232 --Troup County; board of education; districts ...........................25, 55, 72, 73, 233 HB 1233 --Mobile homes; real property; certificate
of title .............................................................................25, 55, 284, 430, 2430 HB 1234 --Motor vehicles; certificate of title; 14-year old vehicle...............................26, 55 HB 1235 --Motor vehicles; registration and title
applications; security interest.............................26, 55, 284, 333, 951, 1474 HB 1236 --Commission of certain crimes by persons 13
to 17 years old; superior court jurisdiction..........................................26, 55 HB 1237 --Use of weapons during certain crimes;
enhanced penalties..................................................................26, 55, 271, 389 HB 1238 --Commission of certain crimes by persons 13
to 17 years old; superior court jurisdiction..................................26, 55, 271 HB 1239 --General contractors; licensing.........................................................................26, 55 HB 1240 --Motor vehicles; pedestrian's crosswalk; requirements........................27, 55, 520 HB 1241 --Excise tax; hotels and motels; aviation museum;
bicycle or pedestrian trails within historic districts.................................................................47, 71, 445, 827, 1344, 1388 HB 1242 --Firearms possession; reserve police officers..................................................47, 71 HB 1243 --Wiretapping; conversations of child under the age of 14 years...................................................................................48, 71 HB 1244 --American Indian tribes; change listing..........................................................48, 71 HB 1245 --Ad valorem tax; appeal of final assessment; public utilities...........................................................................................48, 71 HB 1246 --Ad valorem tax; conservation use property; transfers ................................48, 71 HB 1247 --Beverage sales; prohibit non-returnable containers ....................................48, 71 HB 1248 --Intangible property tax; repeal.......................................................................48, 71 HB 1249 --Homicide by vehicle; insurance benefits; prohibitions ...............................48, 71 HB 1250 --Driving under the influence; minimum mandatory sentences...................49, 71 HB 1251 --Ad valorem tax; millage rates; amend provisions........................................49, 71 HB 1252 --Firearms; possession during commission of crime; mandatory sentence................................................................49, 71 HB 1253 --Budget reports; estimates of income, receipts, and expenditures......................................................................................49, 71 HB 1254 --Indigent defense; all actions and proceedings.............................................49, 71,
271, 423, 1320, 1410 HB 1255 --Motor vehicles; fleeing or eluding peace
officer; signal ....................................................................................49, 71, 739
HB 1256 --Coroners; training course; amend provisions.......................50, 71, 317, 431, 815
HB 1257 --Crime committed by inmate while incarcerated;
reenactment proceeds; disbursement ....................................................50, 71
HB 1258 --Supplemental appropriations; FY 1993-94...................................................27, 55

3022

INDEX

HB 1259 --Supplemental appropriations; FY 1993-94...................................................27, 55 HB 1260 --Supplemental appropriations; FY 1994-95...................................................27, 55 HB 1261 --Supplemental appropriations; FY 1994-95...................................................27, 55 HB 1262 --Certain grants; transfer administration
to Environmental Facilities Authority ......................50, 71, 326, 650, 1156 HB 1263 --Division of Energy Resources; create
within Environmental Facilities Authority.........................................50, 71, 326, 653, 1097
HB 1264 --Oconee County; board of elections and registration; create..........................................................50, 71, 116, 117, 331
HB 1265 --Special license plates; Pearl Harbor survivors; minimum number .........................................................50, 71, 444, 654, 1369
HB 1266 --Special license plates; firefighters; no additional fee.................................................................51, 71, 444, 656, 1691
HB 1267 --Tax executions; demand by tax collector for payment or security bond ...................................51, 71, 810, 1005, 1964
HB 1268 --Tax executions; certain notice; delete requirement..................................................................51, 71, 810, 1006, 1964
HB 1269 --Food service establishments; requirements for food handlers...................51, 71 HB 1270 --Lead Poisoning Prevention Act of 1994; enact...........................................51, 71,
761, 1618, 2092, 2372 HB 1271 --Criminal desecration to burial grounds; define offense......................51, 71, 403 HB 1272 --Income taxes; dependent exemption; retirement
income exclusion......................................................................................52, 71 HB 1273 --Budget Responsibility Oversight Committee;
amend provisions .............................................................................52, 71, 985 HB 1274 --Fiscal notes; amend provisions........................................52, 71, 1116, 1383, 1964 HB 1275 --Chatham County; magistrate court judges;
election..............................................................................52, 71, 116, 117, 331 HB 1276 --Tires; collection of fee on new tire sales; compensation.............................52, 71 HB 1277 --Theft of unharvested commercial agricultural
products; penalty..................................................52, 71, 270, 410, 996, 1411 HB 1278 --Health insurance plans; assignment of benefits ..........................................53, 71 HB 1279 --Campaign contributions; prohibit currency and coins................................53, 71 HB 1280 --Campaign contributions; prohibit currency
and coins; exception ................................................................................53, 71 HB 1281 --Probate courts; fees; guardians; estates .......................................................53, 71,
87, 306, 997, 1393 HB 1282 --Unemployment benefits; certain temporary
employment; eligibility............................................................................53, 71 HB 1283 --Driver's license replacement; name or
address change; time period..................................................53, 71, 284, 498 HB 1284 --Failure to prevent delinquency of minor; define offense ...........................65, 87 HB 1285 --Ticket scalping; prohibit..................................................................................65, 87 HB 1286 --Boards of registrars; college presidents
appoint designees as deputies........................................................65, 87, 945
HB 1287 --Fulton County; public works contracts; female business enterprises ....................................................................65, 87
HB 1288 --Hartsfield International Airport Overview Committee; create..................65, 87 HB 1289 --Atlanta-Fulton County; joint board of tax
assessors; repeal Act creating........................................66, 87, 271, 272, 593 HB 1290 --County boards of family and children services; members .................66, 87, 985
HB 1291 --Income taxes; personal exemption; increase.................................................66, 87
HB 1292 --Off-road vehicles; restrictions on operation..................................................66, 87
HB 1293 --Mobile homes and mobile home parks; regulate.........................................66, 87
HB 1294 --Schools; health and physical education course; exempt certain students............................................................66, 87

INDEX

3023

HB 1295 --Olympics; law enforcement and security; commissioner of public safety................................................................66, 87
HB 1296 --Supplemental appropriations; FY 1993-94..........................................67, 87, 107, 120, 121, 331, 346, 391, 392, 393, 529, 644
HB 1297 --Ad valorem tax; exempt certain property of veterans organization.........................................67, 87, 445, 662, 1692, 1712
HB 1298 --Lobbyist disclosure; applicability to local officers and employees...................................................67, 87, 284, 310, 919
HB 1299 --Civil practice; change of venue.......................................................................69, 87 HB 1300 --Family violence; hearing; time for holding ..................................69, 87, 271, 417 HB 1301 --Child support; computation guidelines;
special circumstances ....................................................................69, 87, 1073 HB 1302 --Family violence; protective orders.................................................69, 87, 271, 419 HB 1303 --Bailable offenses; family violence or protective
order violation; remove from schedule.................................69, 87, 271, 420 HB 1304 --Courts; authority to expunge certain records ......................................69, 87, 664 HB 1305 --Certain professional solicitation; prohibit.....................................................70, 87 HB 1306 --Georgia Health Insurance Plan; enact......................................81, 116, 519, 1188 HB 1307 --Insurance; rate filings...............................81, 116, 293, 312, 443, 686, 1691, 1711 HB 1308 --Insurance; certain cancellation; notice...............................................81, 116, 284,
462, 2093, 2453, 2598, 2619, 2781 HB 1309 --Insurance; surplus line brokers............................................!.......81, 116, 284, 463 HB 1310 --Torts; volunteer architects and engineers; immunity ...............................82, 116 HB 1311 --Decatur County and Mitchell County Superior
Courts; change terms....................................................82, 116, 254, 301, 815 HB 1312 --Property; foreclosures; form of summons ...................................................82, 116 HB 1313 --Open records law; applicability to public
records......................................................................82, 116, 1073, 1325, 2787 HB 1314 --Education; capital outlay; school closures;
opposition petitions...................................................82, 116, 739, 879, 1780, 1908, 1966, 2008, 2055, 2667, 2801
HB 1315 --Driving under the influence; count prior convictions when imposing penalties..................................................82, 116
HB 1316 --Lottery prizes; setoff debt collection; public assistance...........................83, 116 HB 1317 --Probationer arrest; powers of parole officers.....................................83, 116, 445 HB 1318 --Highways; chief engineer; name change from
state highway engineer...............................................83, 116, 520, 957, 1964 HB 1319 --Notaries public; performance bonds............................................................83, 116 HB 1320 --Lamar County; board of education; nonpartisan
elections ..................................................................................83, 116, 271, 272 HB 1321 --Court reporters; disqualification for interest;
contracts for service .........................................83, 116, 271, 465, 1370, 1390 HB 1322 --Child abuse records; access by child-placing
agencies.........................................................................84, 116, 326, 606, 1369 HB 1323 --Wayne County; board of education; districts....................84, 116, 271, 272, 394 HB 1324 --Wayne County; board of commissioners; districts ...................................84, 116,
271, 272, 394 HB 1325 --Education; strategic planning; amend provisions............................84, 116, 1362 HB 1326 --Education; schools adopt uniform grading
system for certain eligibility...........................84, 116, 739, 853, 2330, 2738 HB 1327 --Juvenile courts; associate judges;
qualifications..............................................................84, 116, 946, 1353, 2198
HB 1328 --Weapons used in commission of crime; destroy................................84, 116, 519
HB 1329 --Driving under the influence; third conviction;
coding on license ....................................................................................85, 116
HB 1330 --Addiction counselors; scope of practice;
exemption from licensure................................85, 116, 317, 598, 1691, 1730

3024

INDEX

HB 1331 --Sexual offenses; definitions...........................................................................85, 116 HB 1332 --Home care providers; licensing........................................85, 116, 480, 1117, 2199 HB 1333 --Public Safety Department; employee participation
in political campaigns; repeal prohibition................................85, 116, 473, 661, 1757, 1927, 1976, 2127, 2239, 2665, 2801
HB 1334 --Dangerous drugs; nitrous oxide; except certain grades................................................85, 116, 1306, 1657, 2090, 2354
HB 1335 --Drug offenses; forfeited moneys; drug abuse education...........................86, 116 HB 1336 --Federal retirement income; claim for refund.............................................86, 116 HB 1337 --Weapons; illegal possession; forfeiture.............................86, 116, 318, 613, 2037 HB 1338 --Trafficking in marijuana; change provisions......................................86, 116, 986 HB 1339 --Georgia Bureau of Investigation; subpoenas;
documentary evidence...........................................................................86, 116 HB 1340 --Special license plates; Purple Heart
veterans; surviving spouse.........................................86, 116, 444, 667, 2037 HB 1341 --Structural pest control; licensing;
liability insurance requirement...............................HO, 231, 472, 619, 1691 HB 1342 --Motor vehicles; certain trailers; permanent
license plates................................................................HO, 231, 284, 335, 815 HB 1343 --Private property; regulatory taking; compensation.................................110, 231 HB 1344 --Leaf tobacco sales; warehousemen's maximum
charges; repeal.....................................................................110, 231, 253, 282 HB 1345 --Education; criminal law; course requirement...........................................Ill, 231 HB 1346 --Georgia Lottery Corporation; certain
contract information; confidentiality................................................Ill, 231 HB 1347 --Juries; peremptory challenges; equal number..........................................Ill, 231 HB 1348 --Paulding County; motor vehicles; designated
registration periods.....................................................Ill, 231, 271, 272, 394 HB 1349 --Dallas, City of; corporate limits ........................................111, 231, 271, 273, 394 HB 1350 --Informed consent; addictive medication...................................................111, 231 HB 1351 --Child abuse registry; hearing before
accused's name is added ....................................................112, 231, 444, 819 HB 1352 --Water quality control; dissolved oxygen
requirements.........................................................................................112, 231 HB 1353 --Local boards of education; per diem for members .......................112, 231, 1362 HB 1354 --Probation; first offender status; court determination.............................112, 231 HB 1355 --Lottery Commission; former employees;
prohibit certain contracts ...................................................................112, 231 HB 1356 --Child support; award guidelines; completely revise................................112, 231 HB 1357 --Hotels and motels; room rates during
Olympics; prohibitions...............................................113, 231, 317, 451, 997 HB 1358 --Theft by conversion; certain rented or
leased property; smoking in child care facilities; prohibit.................................H3, 231, 519, 1333, 2222, 2736 HB 1359 --Crime Victim's Rights Act; enact...............................................................H3, 232 HB 1360 --Lottery Corporation; competitive bidding................................................113, 232 HB 1361 --Revenue Code; conform to Federal Code ........................113, 232, 445, 598, 996 HB 1362 --State Marketing in the Public Interest Act; enact..............................................................................113, 232, 444, 692 HB 1363 --Income tax; withholding requirements; periodic payments.....................................................H4, 232, 520, 601, 1319 HB 1364 --Joint tenancy; sole means of severance;
clarify.....................................................................................................114, 232
HB 1365 --Torts; collateral sources...............................................................................114, 232
HB 1366 --Department of Buildings; create................................................................114, 232
HB 1367 --Drivers' licenses; persons under age 18;
school requirement...............................................................................114, 232

INDEX

3025

HB 1368 --Nonresidents; taxable net income; lottery prizes...........................................................................H4, 232, 520, 609, 1048
HB 1369 --Income tax withholding; certain lottery prizes.............................................................................115, 232, 520, 615, 996
HB 1370 --Spalding County; board of commissioners; districts.........................................................................H5, 232, 271, 273, 447
HB 1371 --Code of Georgia; interest; extensive revision of provisions...........................................................................115, 232
HB 1372 --Lakes Allatoona and Richard B. Russell; long-term subleases of marina sites.........................115, 232, 270, 332, 851
HB 1373 --Secure juvenile detention facility; certain jails........................................225, 269 HB 1374 --Driver's license suspension; minors; driving
under the influence..............................................................................225, 269 HB 1375 --General appropriations; FY 1994-95....................................225, 269, 1116, 1214,
1814, 1852, 1966, 1967, 1978, 2496, 2802 HB 1376 --Commercial driver's license; serious
traffic violation; change definition...........................................225, 269, 284, 1292, 2093, 2223, 2332, 2464, 2599, 2661, 2802
HB 1377 --Hunting seasons; zone division; Troup County .......................................225, 269 HB 1378 --Fraudulent attempts to obtain refunds;
prohibited information ..................................226, 269, 326, 611, 2040, 2350 HB 1379 --Lottery retailers; qualifications .......................................226, 270, 317, 459, 1048 HB 1380 --School buses; unlawful to operate with unseated children....................226, 270 HB 1381 --Fleeing or attempting to elude police
officer; audible and visual signal.......................................................226, 270 HB 1382 --Domestic fish; prohibit liberation without
permit; game fish; amend provisions.....................226, 270, 270, 653, 1487 HB 1383 --Teachers Retirement; employee contributions........................................H6, 232,
254, 301, 996 HB 1384 --Schools; certain documents; content based censorship...........................226, 270 HB 1385 --Lottery; ticket sales by machine; limitation.............................................227, 270 HB 1386 --Traffic accident reports; submit to
Department of Public Safety ....................................227, 270, 284, 408, 816 HB 1387 --Traffic accident reports; increase property
damage amount...........................................................227, 270, 284, 409, 816 HB 1388 --Unemployment Tax Amnesty Program; provisions................................227, 270,
445, 616, 1320 HB 1389 --Peace officers and communications officers;
certification......................................................227, 270, 473, 900, 2390, 2647 HB 1390 --Used cars; dealers and salvage dealers;
combine state boards ...................................227, 270, 986, 1335, 2298, 2553 HB 1391 --Polygraph examiners; repeal provisions.........................228, 270, 472, 685, 2199 HB 1392 --Community Affairs, Department of; grants; condition...........................228, 270 HB 1393 --Insurance premium finance companies; certain
disclosure ..............................................................................228, 270, 443, 667 HB 1394 --Dispossessory proceedings; tenant at sufferance.....................228, 270, 528, 935 HB 1395 --Superior court judges and district
attorneys; compensation ........................................228, 270, 472, 1057, 2037 HB 1396 --Cemeteries; preneed registration; plat of property..................................228, 270 HB 1397 --Conversion of rented entertainment
equipment or media; define offense..................................................229, 270 HB 1398 --Supreme Court Justices, Appeals Court Judges,
and Attorney General; compensation......................................229, 270, 472,
1055, 2044, 2175, 2430
HB 1399 --DUI alcohol and drug use risk reduction programs;
requirements for operation......................................229, 270, 284, 689, 2430
HB 1400 --Liens on aircraft; labor, materials,

3026

INDEX

contracts of indemnity...........................................229, 270, 637, 1349, 2199 HB 1401 --Unemployment benefit contributions;
succeeding employers................................................................229, 270, 1476 HB 1402 --Unemployment benefits; recovery of overpayments.....................229, 270, 1476 HB 1403 --Escape and escape with dangerous weapon;
penalties ...................................................................230, 270, 987, 1351, 2199 HB 1404 --Soliciting minor to commit felony; penalties ...........................................230, 270 HB 1405 --Mental health; clinical records; disclosure...............................................230, 270,
481, 872, 2041, 2224, 2332, 2465 HB 1406 --Adoption; certain relatives; notification....................................................230, 270 HB 1407 --Elbert County; county surveyor ........................................230, 270, 294, 294, 484 HB 1408 --Elbert County; county administrator; powers.........................................230, 270,
294, 295, 592 HB 1409 --Polk County; education districts.......................................230, 270, 327, 327, 484 HB 1410 --Griffin-Spalding County School System;
reference corrections...................................................231, 270, 294, 295, 484 HB 1411 --Fireworks; redefine ......................................................................231, 270, 317, 665 HB 1412 --Ad valorem tax; state levy; repeal certain provisions.............................256, 293 HB 1413 --Personal property; intangible tax; change rate........................................256, 293 HB 1414 --Pro-family Tax Equity Act of 1994; enact ...............................................257, 293 HB 1415 --Local governments; financial audits;
expenditure level.......................................................257, 293, 318, 618, 2199 HB 1416 --Local Government Unfunded Mandate Procedures
Act; enact..............................................................................257, 293, 637, 794 HB 1417 --Evidence; depositions; amend provisions.......................257, 293, 519, 896, 2612 HB 1418 --College students; tuition grants; provisions..............................................257, 293 HB 1419 --Dangerous drugs; include methcathinone.................................................257, 293 HB 1420 --Property conveyances; alienability of
future interests................................................258, 293, 444, 602, 1370, 1407 HB 1421 --Public schools; uniform grading scale .......................................................258, 293 HB 1422 --Municipal elections; poll workers;
appointment.....................................................................258, 293, 1199, 1648 HB 1423 --Forgery; certain identification cards; nonofficial.............................258, 293, 473 HB 1424 --Motor vehicles used in certain crimes;
seizure and forfeiture ..........................................................................258, 293 HB 1425 --Grandparents visitation rights; amend provisions ........................258, 293, 1477 HB 1426 --Emergency medical services; invalid car;
applicability.............................................................259, 293, 761, 1340, 2037 HB 1427 --Lawrenceville, City of; homestead exemption;
increase.......................................................................259, 293, 327, 328, 1317 HB 1428 --Used Oil Collection Act; enact ...................................................................259, 293 HB 1429 --Elections Code; conform to National Voter
Registration Act.........................................................259, 293, 325, 603, 647, 773, 934, 1025, 2199
HB 1430 --Recycling Market Development Incentives Act; enact...........................259, 293 HB 1431 --Attorney General; increase salary ..............................................................259, 293 HB 1432 --Criminal procedure; property bond; nonresident............................259, 293, 519 HB 1433 --Workers' compensation; medical fees; limitation ....................................260, 293 HB 1434 --Extraordinary Property Tax Relief Law
for the Elderly; enact..........................................................................260, 293 HB 1435 --Solid waste permits; limitations on
modification; exception........................................260, 293, 1016, 1436, 2199
HB 1436 --County boards of equalization; assessments;
appeals..........................................................260, 293, 1037, 1327, 2331, 2384
HB 1437 --Campaign contributions; statement of purpose.......................................260, 293
HB 1438 --Conservation use property; certain transfers...................................260, 293, 810
HB 1439 --State employees; payroll deductions; eligible

INDEX

3027

voluntary charitable organization.....................................................261, 293,
518, 964, 1965, 2130 HB 1440 --State flag; design; repeal certain provisions .............................................261, 293 HB 1441 --Trafficking; penalties; prohibitions............................................................261, 293 HB 1442 --Professions and businesses; applicant for
licensure; certain preference...............................................................261, 293 HB 1443 --Office of State Administrative Hearings;
create......................................................261, 293, 739, 901, 2611, 2623, 2797 HB 1444 --Legal assistants for districts attorneys;
extend length of service......................................................................261, 293 HB 1445 --Randolph County; board of education;
reconstitute..................................................................262, 293, 327, 327, 484 HB 1446 --Omaha, City of; abolish......................................................262, 293, 327, 327, 484 HB 1447 --Gwinnett County; state court; amend
provisions .....................................................................262, 293, 481, 481, 850 HB 1448 --Bluffton, City of; new charter............................................262, 293, 327, 327, 485 HB 1449 --Public Service Commission; telecommunications;
amend provisions.................................................................................262, 293 HB 1450 --Candidates for nonresuscitation; amend
provisions............................................................................262, 293, 985, 1345 HB 1451 --MARTA; certain interest income; pay
operating costs...........................................................262, 293, 318, 469, 1756 HB 1452 --MARTA; board of directors; amend provisions......................................262, 293,
318, 470, 2037 HB 1453 --Motor vehicle insurance; certain coverage;
premium reductions.............................................................................263, 293 HB 1454 --Gwinnett County; homestead exemption; certain residents ..................263, 293 HB 1455 --State employees; payroll deductions; certain
not-for-profit organizations.............................263, 293, 325, 600, 996, 1406 HB 1456 --Shoplifting; value of property; municipal court.......................................263, 293 HB 1457 --Sales tax; exempt certain assistive technology devices...........................263, 293 HB 1458 --Maps and plats; recordation; specifications ............................................263, 293,
1363, 1644, 2331, 2687 HB 1459 --Council of Municipal Court Judges; create; county
law libraries; collections...............................264, 293, 908, 1382, 2042, 2134 HB 1460 --Municipal courts; criminal trespass; jurisdiction.....................................264, 293 HB 1461 --Jekyll Island--State Park Authority;
ad valorem tax exemption; leasehold interest.................................264, 293 HB 1462 --Professional Standards and Professional
Practices Commissions; withdrawal of applicant...................................................................264, 293, 739, 1350, 2199 HB 1463 --Hunting seasons; northern and southern zones; Meriwether County..................................................................264, 293 HB 1464 --Sales tax exemption; student athletic events...........................................264, 293 HB 1465 --Child custody proceedings; allegations of abuse; investigations....................................................................265, 293, 908 HB 1466 --Accident and sickness insurance; group plans; dermatologists.......................................................................................265, 293 HB 1467 --Conservation use property; environmentally sensitive area...................265, 293 HB 1468 --Construction Industry Licensing Board; amend provisions...................231, 270 HB 1469 --Handicapped persons; guide dogs accompany trainers; authorization............................................265, 293, 761, 1114, 1964
HB 1470 --DeKalb County; certain constitutional
amendment; repeal ...................................................265, 293, 327, 328, 1485
HB 1471 --Driving under the influence; habitual violator;
probationary driver's license.................................265, 293, 740, 1004, 2431
HB 1472 --Workers' compensation; self-insurer; issuance

3028

INDEX

of certificate of authority...........................................266, 293, 704, 907, 955 HB 1473 --Public Service Commission; toll-free
calling; metro statistical area.............................................................266, 293 HB 1474 --Driving under the influence; nolo contendere
plea; completion of certain program.......................................266, 293, 1073 HB 1475 --Administrative procedure; proposed rules;
economic impact ..........................................................................266, 293, 637 HB 1476 --Education; program weights; maximum class sizes.................................266, 293 HB 1477 --Driving under the influence; stricter penalty provision .........................266, 293 HB 1478 --General Assembly; compensation and allowances;
amend provisions..............................................................^?, 293, 589, 1060 HB 1479 --Witnesses; husband and wife; when compellable
to give evidence....................................................................................267, 293 HB 1480 --Real and personal property; sale by nonresidents;
withholding tax.....................................................................................267, 293 HB 1481 --Human Resources Board; membership; prohibit
certain lobbyists ..................................................................267, 293, 472, 609 HB 1482 --Regional development centers; amend provisions ..................................267, 293,
403, 658, 728, 1692, 1802 HB 1483 --Superior courts; alternative locations for
holding sessions.................................................................267, 293, 946, 1323 HB 1484 --Fulton County; board of commissioners;
non-partisan elections.........................................................................268, 293 HB 1485 --Fulton County; complaints from employees
concerning fraud, waste, and abuse .........................268, 293, 638, 638, 917 HB 1486 --Safety belts in passenger vehicles; redefine
to include pickup truck transporting minor ...................................287, 325, 740, 970, 1756
HB 1487 --Sexual assault by religious counselor; definition; prohibit....................................................287, 325, 739, 862, 1176
HB 1488 --Insurance; refiling of certain documents; fees; accident and sickness insurance; limited benefit policy...................................287, 325, 519, 1122, 2330, 2766
HB 1489 --Joint county and municipal sales tax; certificate for distribution of proceeds..................................287, 325, 520, 1007, 1051, 1757, 1921, 2055, 2127, 2237, 2657, 2802
HB 1490 --Effingham County; state court solicitor; salary.............................................................................288, 325, 403, 404, 592
HB 1491 --Effingham County; ordinances; fines................................288, 325, 403, 404, 592 HB 1492 --Children and youth; parental rights; certain termination......................288, 325 HB 1493 --Private detective or private security
business; licensure requirements............................288, 325, 473, 696, 1798 HB 1494 --DeKalb County Community Relations Commission;
amend provisions ........................................................288, 325, 403, 404, 592 HB 1495 --Lottery; unclaimed prizes; gifts; sales to minors .....................................288, 325 HB 1496 --Conasauga Judicial Circuit; add judge......................................................289, 325 HB 1497 --Toccoa, City of; corporate limits...........................289, 325, 445, 445, 1370, 1412 HB 1498 --Driving under the influence conviction; red
colored license plate ............................................................................289, 325
HB 1499 --Sheriffs; deposits in interest-bearing accounts....................................................................289, 325, 946, 1131, 2200
HB 1500 --Family Court of the Cobb Judicial Circuit; create..................................289, 325
HB 1501 --Testimony; medical reports; admissibility................................................289, 325
HB 1502 --Limited liability companies and limited
partnerships; amend provisions ..............................289, 325, 472, 790, 1369
HB 1503 --Lottery; ticket sales by machine; limitation............................................290, 325,
1306, 1602, 2295, 2377

INDEX

3029

HB 1504 --Tax assessment appeal; arbitration as alternate method.........................................290, 325, 1037, 1177, 2040, 2133
HB 1505 --Workers' compensation; amend provisions .....................................290, 325, 519, 770, 1156, 1405
HB 1506 --County boards of equalization; instructional requirements .........................................290, 325, 520, 608, 2042, 2154, 2797
HB 1507 --Sales tax; hotel or motel rooms; length of stay .......................................290, 325 HB 1508 --General Assembly; campaign contributions;
prohibit during session........................................................................290, 325 HB 1509 --Health insurance; subrogation; motor vehicle
insurance; rights of reimbursement...................................................291, 325 HB 1510 --State government; publicly funded program;
prohibit discrimination .......................................................................291, 325 HB 1511 --Municipalities; familial or spousal
relationships; certain prohibitions.....................................................291, 325 HB 1512 --Bait shrimping; amend provisions........................291, 325, 443, 667, 2240, 2360 HB 1513 --Finfish; certain red drum; prohibition ...........................291, 325, 443, 925, 2038 HB 1514 --Upper Oconee Basin Water Authority; create........................................291, 325,
637, 933, 1756 HB 1515 --Domestic relations; health insurance for
children; Joint Study Committee on Child Support; Medicaid................................................291, 325, 519, 924, 2222, 2333, 2797 HB 1516 --Local boards of education; certain actions; majority vote....................................................................320, 402, 1198, 1673 HB 1517 --Motor fuel tax; exemption certificates; certain sales ...............................................................320, 402, 705, 828, 1798 HB 1518 --Special license plates; commemorate Buckhead......................................320, 402 HB 1519 --Magistrate courts; constables or marshals; compensation................................................................................320, 402, 763 HB 1520 --Local retirement systems; certain assets; investment.............................321, 402 HB 1521 --Solid waste and hazardous waste; date for regulations; packaging prohibition; funding corrective action............................................321, 402, 809, 1433, 2297, 2375 HB 1522 --Transportation Department; contract requirements; waiver of limitations..........................................321, 402, 520 HB 1523 --Community Affairs, Department of; contracts with college consortiums.....................................................................292, 325 HB 1524 --Nursing homes; imposition of remedial measures; review ..........................................................................292, 325, 472 HB 1525 --Hospital authorities; sovereign immunity ..............................292, 325, 946, 1297 HB 1526 --Minors; working hours; prohibitions..........................................................321, 402 HB 1527 --Business Expansion Support Act of 1994; enact; job tax credit .......................................321, 402, 520, 833, 1692, 1731 HB 1528 --Prisons; female inmates; adequate supervision........................................321, 402 HB 1529 --Conspiracy to commit crime; lesser offense .............................................322, 402 HB 1530 --Insurers; employment discrimination; prohibit ...............................322, 402, 589 HB 1531 --Loitering; violation of county ordinances; arrest.................................................................322, 391, 402, 481, 1123, 1799 HB 1532 --Bingo; limitation on prize amounts ...........................................................322, 402 HB 1533 --Special purpose sales tax; disposition of proceeds; certain ordinances..........................................................322, 402 HB 1534 --Special license plates; veterans; minimum number ......................322, 402, 1573
HB 1535 --Motor vehicles; foglights; prohibitions ..............................................323, 402, 740
HB 1536 --Water and wastewater treatment plant
operators; certification; classification;
reciprocity ......................................................323, 402, 809, 1052, 1692, 1708
HB 1537 --Landlord and tenant; tenant organizations..............................................323, 402

3030

INDEX

HB 1538 --Supplemental appropriations; PY 1993-94...............................................323, 402 HB 1539 --Public roads; abandonment; legal advertisement ...................................323, 402,
520, 832, 2038 HB 1540 --Elections; county officials; nonpartisan.....................................................323, 402 HB 1541 --Wild animals; amend provisions; expand list .................................324, 402, 945,
1104, 1965, 2149 HB 1542 --Students; reportable crimes; deadly weapon
at school function.................................................................................324, 402 HB 1543 --Fulton County School Employees Pension Fund;
continue..............................................................396, 442, 528, 665, 939, 1208 HB 1544 --Municipalities; deannexation; provide method .......................................396, 442,
909, 958, 2431
HB 1545 --Motor vehicle insurance; compensation; loss of use of vehicle............................................................................396, 442
HB 1546 --Handicapped parking privileges; certain Medicaid transportation .............................................................396, 442, 740
HB 1547 --Drivers' licenses; reduced fees; anatomical gifts.................................................................397, 442, 740, 1120, 1159, 1964
HB 1548 --Homestead exemption; certain veterans killed in conflict; surviving spouse....................................................397, 442
HB 1549 --Driver's License Contribution for Anatomical Gifts Fund; establish......................................................397, 442
HB 1550 --Handicapped identification card; proof of disability for special license plate...................................397, 442, 740, 1003
HB 1551 --State Productivity Council; create......................397, 442, 637, 1564, 2241, 2361 HB 1552 --Day-care centers; rule violations; release findings ..........................397, 442, 636 HB 1553 --Sales tax; fund educational grants from lottery games ..........................398, 442 HB 1554 --House of Representatives; reapportion
certain districts .........................................................398, 442, 473, 487, 1048 HB 1555 --Prescription drug reimbursement; certain
disabled persons and elderly..............................................................398, 442 HB 1556 --Elections; campaign committees; reporting
requirements.................................................................................398, 442, 664 HB 1557 --School breakfast programs; establish...............................................398, 442, 979,
1117, 2040, 2144 HB 1558 --Motor vehicles; state-wide staggered registration....................................398, 442 HB 1559 --Georgia Ports Authority; membership; provisions ..................................399, 442 HB 1560 --Public school discipline; student codes and
standards of conduct; establish .........................................................399, 442
HB 1561 --Sales tax exemption; cargo containers and related chassis......................................................399, 442, 520, 617, 996
HB 1562 --Crawford County; homestead exemption; certain residents........................................................399, 442, 481, 482, 1096
HB 1563 --Peach County; homestead exemption; certain residents.......................................................................399, 442, 481, 482, 724
HB 1564 --Butts County; board of education; amend provisions............................399, 442, 481, 482, 724
HB 1565 --Butts County; board of commissioners; amend provisions ........................................................400, 442, 481, 482, 724
HB 1566 --Deed to secure debt; cancellation ..............................................................325, 402 HB 1567 --Deeds and mortgages; recordation; condominiums;
amend provisions ..................................................325, 402, 1477, 1664, 2431
HB 1568 --Driver's license; definition of resident..............................................400, 442, 740
HB 1569 --Fulton County; tax returns; payment date...............................................400, 442
HB 1570 --Law enforcement agencies and fire departments;
powers and duties.........................................400, 442, 762, 1132, 2331, 2656
HB 1571 --Aggravated stalking; redefine .....................................................................400, 442

INDEX

3031

HB 1572 --Stalking; redefine..........................................................................................400, 442 HB 1573 --Prisons; residence of sex offenders;
notification upon release.....................................................................400, 442 HB 1574 --Tuition equalization grants; approved
school; definition........................................................................401, 443, 1573 HB 1575 --Housing and finance; law enforcement
officers; certain high crime areas.......................................................436, 480 HB 1576 --Employees' Retirement; certain benefits;
certain persons ..........................................................402, 443, 637, 741, 1048 HB 1577 --Mitchell County; state court judge and
solicitor; compensation...............................................436, 480, 520, 521, 764 HB 1578 --Sales tax exemption; vocational schools for
mentally disabled.................................................................................437, 480 HB 1579 --Cable television; multiple receivers; provisions........................................437, 480 HB 1580 --Calhoun County; sheriff; compensation...........................437, 480, 520, 521, 764 HB 1581 --Ad valorem tax; certain counties and
municipalities; installment payments...............................................437, 480 HB 1582 --Sales tax exemption; certain charitable fund-raisers..............................437, 480 HB 1583 --Randolph County; commissioner districts;
reapportion...................................................................437, 480, 590, 590, 813 HB 1584 --Administrative hearings; licensees of
Department of Human Resources; contested cases................437, 480, 637 HB 1585 --Hunting deer near certain structures; prohibit; exception.....................438, 480 HB 1586 --Superior Court Judges Retirement; cost of
living increase............................................................438, 480, 481, 924, 2038 HB 1587 --Butts County; board of commissioners;
compensation...............................................................438, 480, 520, 521, 765 HB 1588 --Controlled substances, dangerous drugs,
and drug related objects; evidence; secure storage facility..............................................................................438, 480, 986 HB 1589 --Teachers Retirement; certain public school employees; employer contributions.......................................438, 480 HB 1590 --Tax digests; assessments under review; maximum..................................438, 480 HB 1591 --Atlanta, City of; traffic court; terms ..........................439, 480, 1200, 1201, 2036 HB 1592 --Carroll County; motor vehicles; designated registration periods.....................................................439, 480, 520, 521, 765 HB 1593 --Midway, City of; corporate boundaries............................402, 443, 481, 482, 765 HB 1594 --General Assembly; ethics committees; application for issuance of subpoena ...............................402, 443, 519, 696 HB 1595 --Jurors; allowance statements; work excuse; compensation................................................................................439, 480, 986 HB 1596 --Construction Industry Licensing Board; membership; utility contractors; amend provisions.....................................................439, 480, 1306, 1522, 2240, 2556 HB 1597 --Public Service Commission; selection of chairman .................................439, 480 HB 1598 --Ellaville-Schley County Charter Commission; amend provisions........................................................439, 480, 520, 521, 765 HB 1599 --Juvenile proceedings; certain possession of firearm; misdemeanor..........................................................................440, 480 HB 1600 --National Guard; call to active duty for non-emergency...........................................................440, 480, 739, 936, 2431 HB 1601 --Special license plates; state commanders;
national veterans' organizations........................................440, 480, 740, 940
HB 1602 --Warner Robins, City of; mayor and council;
powers...........................................................................440, 480, 520, 521, 765
HB 1603 --Warner Robins Building Authority; city
clerk serve as secretary ..............................................440, 480, 520, 522, 765

3032

INDEX

HB 1604 --Troup County; homestead exemption; certain residents..........................................................440, 480, 520, 522, 765
HB 1605 --Land-disturbing activities; deny permit; past due ad valorem taxes........................................................441, 480, 1684
HB 1606 --Centerville, City of; homestead exemption; certain residents..........................................................441, 480, 520, 522, 765
HB 1607 --Sumter County; board of education; compensation...............................441, 480, 520, 522, 766
HB 1608 --Binding Arbitration and Warranty Disclosure Statement; provide........................................441, 480, 762, 927, 2056, 2126, 2238, 2295, 2389
HB 1609 --Ocilla, City of; ad valorem taxes; millage rate..................................................................475, 518, 590, 590, 813
HB 1610 --Public Safety Integrity Act; enact.....................................................475, 518, 762 HB 1611 --Farmers' markets; license and fee to sell; provisions..............................475, 518 HB 1612 --Agricultural products; substandard quality; disposal .............................475, 518 HB 1613 --Occupation tax; levy by counties and
municipalities; clarification .....................................476, 518, 637, 781, 1756 HB 1614 --Stewart County; education districts .................................476, 518, 590, 591, 813 HB 1615 --Gwinnett County; state court judge;
compensation.............................................................476, 518, 987, 988, 2787 HB 1616 --State Properties Commission; amend provisions....................476, 518, 705, 937 HB 1617 --Georgia State Indemnification Commission;
composition ..........................................................................476, 518, 705, 938 HB 1618 --Tobacco products; sales locations; Department
of Human Resources inspect..............................................................476, 518 HB 1619 --Underground storage tanks; amend provisions.......................................477, 518,
809, 1075, 1758, 2015 HB 1620 --Potential adoptive or foster parents;
training program; payment ........................................................477, 518, 908 HB 1621 --Littering; penalty; mandatory community service...................................477, 518 HB 1622 --Airport Development Authority Law; repeal ...........................................477, 518 HB 1623 --Insurers; conversion of mutual to stock;
amend provisions..........................................477, 518, 945, 1376, 2056, 2146 HB 1624 --Hunting without landowner's permission;
increase penalties.................................................................................477, 518 HB 1625 --Columbus, City of; airport commission police;
provisions .....................................................................478, 518, 590, 591, 813 HB 1626 --Children and Youth Services Department;
authority to enter into contracts..........................478, 518, 908, 1468, 1799 HB 1627 --Liability insurance; nonprofit agencies;
contracts with Children and Youth Department...........................478, 518, 908, 1388, 1799
HB 1628 --Rural Health Network Act; enact......................................................478, 518, 603 HB 1629 --Proprietary schools; exempt certain
nonprofit colleges.........................................................................478, 518, 923 HB 1630 --Coin operated amusement machines; master license fees......................478, 518
HB 1631 --Clay County; board of commissioners; amend provisions.....................................................................479, 518, 590, 591, 813
HB 1632 --Commerce and trade; rights of creditor and surety; notice...........................................................479, 518, 908, 1296, 2038
HB 1633 --McDuffie County; magistrate court; chief
magistrate........................................................479, 518, 590, 591, 2204, 2233
HB 1634 --Income tax computation; change tables....................................................479, 518
HB 1635 --Nude and seminude dancing; local governments
regulate..........................................................................................479, 518, 809
HB 1636 --Mortgage lenders and mortgage brokers; licensing; amend

INDEX

3033

provisions ...................................................................512, 589, 636, 776, 1369 HB 1637 --Interior designers; registration certificate;
waiver of requirements.............................................513, 589, 762, 926, 2038 HB 1638 --Franklin-Heard County Water Authority; members..............................513, 589,
638, 638, 850 HB 1639 --Motor vehicles; license plates; revalidation decals..................................513, 589 HB 1640 --Adoptions; rights; adopted child and adoptive parents..........................513, 589 HB 1641 --Seed Arbitration Council; provisions.......................................513, 589, 664, 924,
2092, 2319, 2598, 2630 HB 1642 --Intangible recording tax; certain counties;
collection........................................................513, 589, 810, 1124, 2299, 2563 HB 1643 --Trial jury; judge of law and fact; mistrial or reversal.............................514, 589 HB 1644 --Equitable Restrooms Act; enact.................................................................514, 589 HB 1645 --Legislative information; availability
through public computer network....................................................514, 589
HB 1646 --Homestead exemptions; local laws for proposing or increasing; procedures..................................................514, 589
HB 1647 --Property tax deferrals; amend provisions.................................................514, 589 HB 1648 --Putnam County; homestead exemption .....................514, 589, 1036, 1040, 1317 HB 1649 --Baldwin County; homestead exemption.....................515, 589, 1036, 1042, 2787 HB 1650 --Acworth, City of; corporate limits.....................................515, 589, 638, 638, 995 HB 1651 --Natural Resources Department; transactions
with state agencies; exception to prohibition.................................515, 589, 636, 923, 1799
HB 1652 --Warner Robins, City of; homestead exemption; certain residents ..........................................................515, 589, 638, 639, 850
HB 1653 --Motor vehicle accidents; timely notice for action by Department of Public Safety...........................................515, 589, 908, 1303, 2092, 2649
HB 1654 --Aircraft; ad valorem tax; return in primary home base county.......................................515, 589, 1200, 1601, 2641, 2734
HB 1655 --Structural pest control contracts; include Formosan termites...............................................................................516, 589
HB 1656 --Boards of equalization; unsatisfactory decision; arbitration.............................................................................516, 589
HB 1657 --State court solicitor; change to solicitor general......................................516, 589 HB 1658 --Septic tank systems; amend provisions.................................516, 589, 985, 1305,
2092, 2243, 2332, 2373, 2597, 2685, 2802 HB 1659 --Special county one percent sales tax; maximum
time of imposition................................................................................516, 589 HB 1660 --Madison County; federal community development
block grant funds......................................................585, 635, 705, 722, 2426 HB 1661 --Insurance; agent's certificate of authority;
notice of termination...........................................................................585, 635 HB 1662 --Courts; senior district attorney; create office..........................................585, 635,
665, 740, 1295 HB 1663 --Lottery retailers; contract revocation; sales to minors ...........................517, 589
HB 1664 --Geo. L. Smith II Georgia World Congress Center Authority; amend provisions................................517, 589, 762, 956
HB 1665 --Student Finance Authority; nursing students; scholarships..................585, 635 HB 1666 --Optometrists; amend provisions....................................586, 635, 985, 1454, 2038 HB 1667 --Sheriffs and deputies; bonds conditioned on
faithful accounting..................................................586, 635, 914, 1294, 2431
HB 1668 --Fayette County; state court; create......................586, 635, 705, 722, 1320, 1693
HB 1669 --Fayette County; board of elections; re-create .........................................586, 635,
705, 723, 917
HB 1670 --Probate courts; satellite courthouses;

3034

INDEX

population provisions..........................................................................586, 635 HB 1671 --Marriage license issuance; satellite
courthouses; population provisions...................................................586, 635 HB 1672 --Public utilities; fee based on gross revenue;
purchased gas adjustment for gas utility........................................586, 636, 986, 1170, 2200
HB 1673 --Pretrial proceedings; defendant's rights; court inform...........................587, 636 HB 1674 --Community Education Act; enact......................................................587, 636, 979
HB 1675 --Jeopardy tax assessments; taxpayer leaving jurisdiction; bond.................................................................................587, 636
HB 1676 --Financial institutions; amend provisions .....................517, 589, 908, 1301, 1757 HB 1677 --Deposit account fraud and debit card fraud;
define offenses.......................................................518, 589, 1145, 1495, 2200 HB 1678 --Liberty County; board of education .................................587, 636, 705, 723, 949 HB 1679 --Liberty County; motor vehicles; designated
registration periods.....................................................587, 636, 705, 723, 949 HB 1680 --Marriage licenses; additional fee; family
violence centers....................................................................................587, 636 HB 1681 --Insurance; adverse underwriting decision;
delete certain provisions...................................................588, 636, 945, 1444 HB 1682 --White County; water and sewerage authority;
membership..................................................................588, 636, 705, 723, 917 HB 1683 --Judges of the Probate Courts Retirement;
cost of living increase..................................................................588, 636, 908 HB 1684 --National Guard; assistance in drug enforcement
and delivery of medical care; youth opportunities training program.............................588, 636, 739, 1167, 2200 HB 1685 --Income tax credit; certain builders; handicapped standards .......................................................................630, 704 HB 1686 --Unemployment compensation; early retirement incentives...............................................................................................631, 704
HB 1687 --Direct appeal by state; certain delinquency cases; frivolous actions; attorney's fees............................................631, 704, 986, 1466, 2367, 2390
HB 1688 --Clay County; board of education; amend provisions...................................................................631, 704, 763, 763, 1096
HB 1689 --Insurance; motor vehicle and homeowner's policies; nonrenewal prohibitions............................................631, 704, 1358
HB 1690 --Master plumbers and journeyman plumbers; license renewal; continuing education...................................631, 704, 1306, 1452, 2092, 2366
HB 1691 --Early County; board of education; qualifications................................................................631, 704, 763, 763, 949
HB 1692 --Johnson County; board of education; chairman's compensation...........................................631, 704, 763, 764, 949
HB 1693 --Appraisers; certain service as tax assessor; prohibit.....................................................632, 704, 810, 1016, 2613
HB 1694 --Suspected driving under the influence offense; certain tests; informed consent..........................................................632, 704
HB 1695 --Driving under the influence; speedy trial; waiver ...................................632, 704
HB 1696 --Magistrate courts; civil cases; monetary jurisdiction..................................................................................632, 704, 1199
HB 1697 --Driving under the influence; nolo contendere;
one-time plea........................................................................................632, 704
HB 1698 --Serious traffic offenses'; habitual violators
and driving under the influence; lookback period..........................632, 704
HB 1699 --Driver's license suspension; driving under

INDEX

3035

the influence; limited driving permit................................................633, 704 HB 1700 --Cost Containment and Health Care Integrity Act; enact ......................633, 704 HB 1701 --Crime-Free Schools Act; enact ...................................................................633, 704 HB 1702 --Education; state board authority;
define textbook .............................................633, 704, 979, 1295, 2041, 2145 HB 1703 --Airport Development Authority; membership; powers...........................633, 704 HB 1704 --Special county one percent sales tax;
solid waste or recovered materials facilities ..........................................................633, 704, 947, 1060, 2093, 2346 HB 1705 --Natural Disaster Relief Fund; establish.................................634, 704, 909, 1374 HB 1706 --Eminent domain; condemnation of property; compensation.................634, 704 HB 1707 --Airport Development Authority; construction; approval........................634, 704 HB 1708 --Georgia Crime Information Center; centralized records; public access..............................................634, 704, 986 HB 1709 --Derelict motor vehicles; determination of value......................................634, 704 HB 1710 --Superior court clerks, probate court judges, sheriffs, tax collectors; minimum salaries.......................................634, 704,
985, 1675, 2200 HB 1711 --Tift County; board of education; districts.......................634, 704, 763, 764, 917 HB 1712 --Tift County; board of commissioners; districts.......................................635, 704,
763, 764, 917 HB 1713 --Gwinnett County; homestead exemption; certain residents ..................698, 761 HB 1714 --Boats; certificates of number; fees.............................................................698, 761 HB 1715 --Superior courts in certain counties; alternative
locations for sessions; Superior Court of Early County; change terms.................................699, 761, 946, 1064, 2299,
2331, 2598, 2619, 2643, 2749, 2802 HB 1716 --License plates; purchase by mail; additional fees....................................699, 761 HB 1717 --Solid waste disposal facility; increase surcharge...........................699, 761, 1311 HB 1718 --American Indians; transfer certain functions
to commissioner of natural resources ...............................................699, 761 HB 1719 --Decatur County; board of commissioners; chairman .............................699, 761,
809, 810, 994 HB 1720 --Counties and municipalities; contracts; lowest bid .................................699, 761 HB 1721 --Decatur County; board of education; nonpartisan
election..........................................................................700, 761, 809, 811, 994 HB 1722 --Solid waste facilities; permits; approval by referendum.........................700, 761 HB 1723 --Regents Retirement Plan; employee contributions................................700, 761,
908, 1018, 2038 HB 1724 --Public school buildings; plans; professional
responsibility..............................................................................700, 761, 1362 HB 1725 --Social services; community action agencies..............................................700, 761 HB 1726 --Eminent domain; Petroleum Pipeline Study
Committee; create................................................................................635, 704 HB 1727 --Securities; electronic filing system;
state participation...................................................635, 704, 935, 1016, 2039 HB 1728 --High-voltage Safety Act; certain enforcement
provisions; repeal ....................................................700, 761, 986, 1300, 2200 HB 1729 --Georgia Ports Authority; traffic
jurisdiction; certified peace officers ..................................................701, 761 HB 1730 --Union City, City of; elections; plurality
vote ....................................................................................701, 761, 1147, 1150
HB 1731 --Airport Development Authority; projects; public hearing......................701, 761
HB 1732 --Walker County; state court judge and
secretary; compensation.................................701, 761, 809, 811, 1488, 1714
HB 1733 --Ben Hill County; board of education;
nonpartisan elections..................................................701, 761, 809, 811, 994

3036

INDEX

HB 1734 --Revenue Stabilization Fund; create...........................................................701, 761 HB 1735 --Family-planning services; availability;
every business day.............................................................702, 761, 906, 1476 HB 1736 --Elections; registrars; compensation .................................................702, 761, 1199 HB 1737 --Ludowici, City of; police court; change
name to municipal court............................................702, 761, 809, 811, 994 HB 1738 --Sales tax; items for growing forestry crops; exemption..........................756, 808 HB 1739 --Ben Hill County; board of elections and
registration; create..........................................756, 808, 848, 849, 1098, 1100 HB 1740 --Producer controlled property and casualty
insurers; regulate business..................................................................756, 808
HB 1741 --Coweta County; state court judge and solicitor; salary...........................................................................756, 808, 987, 988, 1318
HB 1742 --Coweta County; homestead exemption; certain residents .....................................................................756, 808, 987, 989, 1209
HB 1743 --Coweta County; homestead exemption; increase .......................................................................756, 808, 987, 991, 1209
HB 1744 --Bovine professionals; immunity from liability.........................................757, 808 HB 1745 --Life insurance; cash value policies; owner's rights ..................................757, 808
HB 1746 --Aid to families with dependent children; initiative to promote work, education, and family stability...........................757, 808
HB 1747 --Emergency management; communications officers; training.................757, 808 HB 1748 --Newton County; water and sewerage authority;
revenue bonds............................................................757, 808, 848, 849, 1046 HB 1749 --Alcovy Judicial Circuit; add judge .............................................................757, 808 HB 1750 --Solid waste management; regional authorities; membership.................758, 808 HB 1751 --Newton County; homestead exemption; certain
residents .....................................................................758, 808, 914, 915, 1318 HB 1752 --Oglethorpe County; board of commissioners;
monthly meetings......................................................758, 808, 848, 849, 1046 HB 1753 --Chatham County; certain officials;
compensation.............................................................758, 808, 848, 850, 1096 HB 1754 --Probate courts; certain counties; eligibility
of judges...............................................703, 761, 946, 1085, 1965, 2362, 2797 HB 1755 --State purchasing; competitive bids; minority business...........................758, 808 HB 1756 --Appling County; board of education; districts........................................758, 808,
914, 915, 1096
HB 1757 --Appling County; board of commissioners; dUtricts.......................................................................758, 808, 914, 915, 1096
HB 1758 --Environmental Equity and Justice Commission; create.........................704, 761 HB 1759 --Income tax; severance of solid minerals.....................................................759, 808
HB 1760 --Ad valorem tax; conservation use property; limited-duration covenants..............................................759, 808, 947, 1086
HB 1761 --Ad valorem tax; conservation use property; covenants ..........................759, 808 HB 1762 --Sales tax exemption; off-road forestry
equipment ..............................................................759, 808, 1359, 1622, 2200 HB 1763 --Insurance premium taxes; distribution; clarify term....................759, 808, 1359
HB 1764 --Joint development authorities; job tax credits................................................................................804, 848, 1037, 1294
HB 1765 --Douglas County; board of education; amend provisions ......................................................804, 848, 914, 915, 1318
HB 1766 --Income tax credit; physicians practicing in rural counties ...................................................................................805, 848
HB 1767 --Developmental highway system; add certain
road corridor................................................760, 808, 1036, 1302, 2299, 2350
HB 1768 --Education; programs for intellectually
gifted; eligibility criteria ........................................805, 848, 985, 1386, 2039

INDEX

3037

HB 1769 --Health care; Patient Freedom of Choice Act; physician's right to participate..........................................................805, 848
HB 1770 --Deeds to secure debt; sales of real property; advertisement......................................................................805, 848
HB 1771 --Deed to secure debt; borrower's residence; prohibit...............................805, 848 HB 1772 --Firefighters; qualifications..................................................................805, 848, 986 HB 1773 --Winterville, City of; amend charter................................806, 848, 914, 915, 1096 HB 1774 --Trial Judges and Solicitors Retirement;
Recorder's Court of Chatham County..............................................806, 848 HB 1775 --Alcoholic beverages; prohibit certain conduct
on premises where sold.......................................................................806, 848 HB 1776 --Firemen's Pension; definitions; clarify
certain tax exemption.................................................................806, 848, 965 HB 1777 --Surface mining; amend provisions.............................................................806, 848 HB 1778 --Alcoholic beverages; prohibit sexually
explicit conduct on premises where sold..........................................806, 848 HB 1779 --Employees' Retirement; assets; change gender
specific references................................................................................807, 848 HB 1780 --Retirement bills; cost reduction amendments;
actuarial study......................................................................................807, 848 HB 1781 --Podiatry Practice Act; enact.......................................................................846, 913 HB 1782 --Augusta, City of; corporate limits..............................................................846, 913 HB 1783 --Motor contract carriers and motor common
carriers; definition; exclude small buses..........................................846, 913, 1036, 1166, 2431
HB 1784 --County jails; place of confinement; convicted felon .....................................................846, 913, 1477, 1652, 2299, 2358, 2599, 2614, 2641, 2775, 2802
HB 1785 --Special elections; General Assembly and congressional vacancies; time for holding..............................846, 913, 1199
HB 1786 --Vital records; certain services; limitation on fees...............................................................................847, 913, 1074, 1363
HB 1787 --Jackson County; homestead exemption; certain residents........................................................847, 913, 946, 947, 1154
HB 1788 --Jackson County; homestead exemption; certain residents........................................................847, 913, 946, 948, 1154
HB 1789 --Workers' Compensation Assigned Risk Plan; provisions .......................807, 848 HB 1790 --Personal property; tax exemption; increase..............................................847, 913 HB 1791 --Small Employer Health Coverage Availability Act; enact.....................847, 913 HB 1792 --Municipal Employees Benefit; revenue bonds.........................................807, 848 HB 1793 --Retirement bills; cost reduction amendment;
actuarial study...................................................................807, 848, 908, 1024 HB 1794 --East Point, City of; parking authority;
membership............................................................910, 944, 1147, 1150, 1427 HB 1795 --East Point, City of; mediation system for appeals..................................910, 944 HB 1796 --East Point, City of; building authority;
membership............................................................911, 944, 1147, 1150, 1427 HB 1797 --Income taxes; underpayment and overpayment; interest.......................911, 944 HB 1798 --Peanut; designate official state crop....................................911, 944, 1145, 1601,
2240, 2320, 2612, 2612, 2617, 2786, 2802 HB 1799 --Dawson County; governing authority;
advisory referendum.................................................911, 944, 987, 989, 1209
HB 1800 --Lincolnton, City of; mayor and council;
terms...........................................................................911, 944, 987, 989, 1209
HB 1801 --Dawson County; board of education;
districts...................................................................911, 944, 1036, 1037, 1318
HB 1802 --Jefferson County; board of commissioners;

3038

INDEX

districts...................................................................911, 945, 1036, 1038, 1427 HB 1803 --Jefferson County; board of education;
districts...................................................................912, 945, 1036, 1038, 1367 HB 1804 --Colquitt County; homestead exemption;
certain residents........................................................912, 945, 987, 992, 1209 HB 1805 --Murray County; hospital authority; vacancies........................................848, 913,
946, 1312, 1689 HB 1806 --Conservation; certain violations;
Environmental Protection Division seek remedy ...........................848, 913 HB 1807 --Columbus, City of; county-wide government;
mayor and council.....................................................912, 945, 987, 989, 2427 HB 1808 --Grady County; board of education; districts...........................................912, 945,
1036, 1038, 1318 HB 1809 --Grady County; board of commissioners;
districts...................................................................912, 945, 1036, 1038, 1318 HB 1810 --Decentralization of state government; provisions ..........................912, 945, 987,
1299, 2056, 2124, 2296, 2321, 2433, 2589, 2802 HB 1811 --Income tax credit; builders of handicapped
accessible residences............................................................................912, 945 HB 1812 --Magistrate courts; jurisdiction; certain misdemeanors...........................913, 945 HB 1813 --Foreign limited liability partnership;
provisions...............................................................913, 945, 1199, 1623, 2039 HB 1814 --Dry Cleaning No-fault Cleanup Trust Fund;
create.................................................................................942, 984, 1311, 1452 HB 1815 --Henry County; water and sewerage authority;
compensation.........................................................942, 984, 1036, 1038, 1318 HB 1816 --Taylor County; airport authority; create .................................................943, 984,
1036, 1038, 2427 HB 1817 --East Dublin, City of; council districts........................943, 984, 1200, 1201, 1486 HB 1818 --Developmental highway system; add highway.........................................913, 945 HB 1819 --Marriage license; blood tests; exception
on religious grounds.............................................................................943, 985 HB 1820 --Building code violation; nonresident owner;
service of process.......................................................................943, 985, 1306 HB 1821 --Deeds; requirement for recordation...........................................................943, 985 HB 1822 --Cobb County; commissioners' terms; officials'
compensation........................................................................................943, 985 HB 1823 --Possession of firearms; student on school
property; penalties...............................................................................944, 985 HB 1824 --Insurance; agent licensure; certain private contractors..........................944, 985 HB 1825 --Health Care Provider Act; enact........................................981, 1035, 1310, 1546,
2041, 2128, 2238, 2242, 2390 HB 1826 --Thomaston, City of; corporate limits .......................981, 1035, 1147, 1151, 1689 HB 1827 --Putnam County; sheriff; compensation....................981, 1035, 1093, 1094, 1368 HB 1828 --Physicians; liens; manner of perfecting...................................................981, 1035 HB 1829 --Putnam County; tax commissioner; compensation...............................981, 1035,
1093, 1094, 1368 HB 1830 --Bankruptcy; exempt individual retirement accounts............................982, 1035 HB 1831 --Decatur County; state court judge; compensation................................982, 1035,
1093, 1094, 1368 HB 1832 --Dating Service Act; enact..........................................................................982, 1035 HB 1833 --Kennesaw, City of; corporate limits.............................................982, 1035, 1093,
1094, 2044, 2087, 2796
HB 1834 --LaGrange, City of; franchises; amend provisions .................................982, 1035,
1093, 1095, 1368
HB 1835 --Adopted child; grandparent's intervention rights .................................982, 1035
HB 1836 --Uniform Commercial Code; financing statement

INDEX

3039

filings ......................................................................944, 985, 1199, 1455, 2201 HB 1837 --Alternative Schools and Reeducation Act; enact...................................982, 1035 HB 1838 --Insurers; financial, market, and rating
examinations by commissioner....................................983, 1036, 1358, 1531 HB 1839 --Boards of education; certain business
transactions; repeal provisions.........................................................983, 1036 HB 1840 --Driver's license exams; users of bioptic lenses.......................................983, 1036 HB 1841 --East Point, City of; homestead exemption;
certain residents..................................................983, 1036, 1147, 1152, 1427 HB 1842 --Insurance; authority to transact; risk-based
capital requirement............................................................................983, 1036 HB 1843 --Sales tax; phased-in exemption; electricity
for manufacturing processes.............................................................983, 1036 HB 1844 --East Point, City of; mediation system for
appeals of employees and officials...............................................1031, 1093, 1481, 1482, 1798
HB 1845 --Blakely, City of; new charter...................................1031, 1093, 1200, 1203, 1486 HB 1846 --Taliaferro County; commission districts..............................................1032, 1093,
1311, 1312, 1689 HB 1847 --Atlanta, City of; mixed-use purposes zones;
commercial and residential or industrial ....................................1032, 1093, 1931, 1932, 2204, 2434
HB 1848 --Aid to dependent children; recovery; action by Department of Human Resources ...............................1032, 1093
HB 1849 --Lowndes County; board of elections and registration; provisions.....................,...............1032, 1093, 1147, 1151, 1427
HB 1850 --Unclaimed or indigent bodies; cremation.............................................1032, 1093 HB 1851 --Lowndes County; commission districts..................1032, 1093, 1311, 1312, 1689 HB 1852 --Cobb County; state court judges; compensation.................................1032, 1093,
1147, 1151, 2203 HB 1853 --Cobb County; state court associate judges;
compensation.....................................................l033, 1093, 1147, 1151, 2203 HB 1854 --Cobb County; state court solicitor; compensation..............................!033, 1093,
1147, 1151, 2203 HB 1855 --Cobb County; superior court clerk and deputy;
compensation................................,....................1033, 1093, 1147, 1151, 2203 HB 1856 --Catoosa County; probate court judge and superior
court clerk; clerical help ..................................1033, 1093, 1147, 1152, 1427 HB 1857 --Political party candidates; posting of list..............................................984, 1036,
1199, 1333, 1339 HB 1858 --Augusta, City of; corporate limits............................................................984, 1036 HB 1859 --Augusta, City of; corporate limits; reconstitute council.......................984, 1036 HB 1860 --Hearing aid dealers and dispensers;
continuing education..............................l033, 1093, 1451, 1657, 2055, 2588 HB 1861 --Honeybee production; prohibit regulation
by local governments...................,..........1033, 1093, 1145, 1533, 2239, 2326 HB 1862 --Cobb Judicial Circuit; investigators and district
attorneys; compensation ..................................1033, 1093, 1147, 1152, 2195 HB 1863 --Cobb County; civil service system; amend
provisions...........................................................1034, 1093, 1147, 1152, 2195 HB 1864 --Court documents; copies for district
attorneys or prosecutors..................................................................1034, 1093
HB 1865 --Bears; killing by owners of beehives; provisions .......................1034, 1093, 1146
HB 1866 --Agricultural commodities promotion; funds
to cover; report............................................................1034, 1093, 1176, 1529
HB 1867 --Richmond County; budget provisions; amend ....................................1034, 1093,
1311, 1313, 2787

3040

INDEX

HB 1868 --Consignment of Art Act; enact...............................................................!090, 1144 HB 1869 --County boards of health; add members................................................1090, 1144 HB 1870 --Upson County; commissioner districts...................!090, 1144, 1579, 1580, 1961 HB 1871 --Gwinnett County; Vines Botanical Gardens
Enhancement and Development Authority; create ...................1090, 1144, 1200, 1203, 1961
HB 1872 --Traffic cases; municipal court provisions; delete applicability to Atlanta City Court..................................l090, 1144, 1307, 1556, 2431
HB 1873 --Child abuse; victim advocates report ....................................................1091, 1144 HB 1874 --Magistrates; minimum compensation; computation.................1091, 1144, 1477 HB 1875 --Crimes; federal court; concurrent jurisdiction .....................................1091, 1144 HB 1876 --Social Circle, City of; city manager; provisions ..................................1091, 1144,
1200, 1203, 1689 HB 1877 --Domestic violence intervention program; participation......................1091, 1144 HB 1878 --Auctioneers; exception to provisions ......................1035, 1093, 1306, 1432, 2201
HB 1879 --Newton County; water and sewerage authority; negotiable revenue bonds ................................1091, 1144, 1200, 1203, 1486
HB 1880 --Houston County; board of elections; repeal Act providing.....................................................H39, 1198, 1363, 1364, 1964
HB 1881 --Houston County; board of elections; create ........................................1139, 1198, 1311, 1313, 1590
HB 1882 --Quitman County; education districts......................H40, 1198, 1311, 1313, 1962 HB 1883 --Kudzu; spreading from one property to another; penalty .................1140, 1198 HB 1884 --Cedartown, City of; new charter.............................1140, 1198, 1311, 1313, 1591 HB 1885 --Antique motor vehicles; display license
plate of year of manufacture..........................................................1140, 1198 HB 1886 --Law Enforcement Integrity Act of 1994; enact...................................H40, 1198,
1311, 1610, 2240, 2368 HB 1887 --Polk County; water authority; membership..............................H40, 1198, 1311,
1313, 1689
HB 1888 --Monroe, City of; water, light, and gas commission; membership.................................1140, 1198, 1422, 1423, 1962
HB 1889 --Monroe, City of; city administrator; amend provisions...........................................................1141, 1198, 1311, 1314, 1689
HB 1890 --Sumter County; education districts............................................1141, 1198, 1311, 1314, 2042, 2048
HB 1891 --Intangible personal property tax; repeal...............................................1141, 1198 HB 1892 --Torts; certain resident physicians;
immunity ......................................................................1092, 1144, 1477, 1653 HB 1893 --Proof of insurance violation; financial
responsibility requirement.............................................................. 1141, 1198 HB 1894 --Joint Liberty County, City of Gum Branch,
City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; create...............................................1141, 1198, 1311, 1314, 1689
HB 1895 --Liberty County; state court judge and solicitor; compensation.....................................H41, 1198, 1311, 1314, 1690
HB 1896 --Coyotes; bounties for killing; provisions...............................................1141, 1198 HB 1897 --Distribution of sexual materials to minors;
exception to prohibition.......................................................1142, 1198, 1362 HB 1898 --Macon, City of; corporate limits.................................................1142, 1198, 1363,
1364, 1425, 2788
HB 1899 --Loganville, City of; mayor and council;
staggered terms............................................................H42, 1198, 1363, 1364
HB 1900 --Decatur County; board of commissioners;
required vote......................................................H42, 1198, 1311, 1314, 1690

INDEX

3041

HB 1901 --Twiggs County; board of education; compensation............................1142, 1198, 1311, 1314, 1690
HB 1902 --Twiggs County; board of commissioners; compensation ...................1142, 1198, 1311, 1315, 1690
HB 1903 --DeKalb County; additional homestead exemption .....................................................................1142, 1198, 1311, 1315
HB 1904 --DeKalb County; ad valorem tax; millage rate.................1143, 1198, 1311, 1315 HB 1905 --Waycross, City of; corporate limits.........................1143, 1198, 1749, 1750, 2195 HB 1906 --Golf Hall of Fame Board; amend membership
provisions.................................................1143, 1198, 1200, 1214, 1386, 1965 HB 1907 --Workers' compensation; group self-insurance
funds; reports....................................................................................H94, 1310 HB 1908 --Jasper, City of; corporate limits..............................H94, 1310, 1363, 1364, 1690 HB 1909 --Coweta County; probate court judge;
nonpartisan election...............................1195, 1310, 1363, 1364, 1758, 1813 HB 1910 --Heard County; probate court judge;
nonpartisan election...............................H95, 1310, 1363, 1365, 2044, 2059 HB 1911 --Alpharetta, City of; homestead exemption;
certain residents................................................1195, 1310, 1931, 1937, 2427 HB 1912 --Workers' compensation; group self-insurance
funds; security deposits...................................................................1195, 1310 HB 1913 --Colquitt County; board of education; add
member ...............................................................1195, 1310, 1363, 1365, 1690 HB 1914 --Motor vehicles; state-wide staggered registration................................1195, 1310 HB 1915 --Cordele Judicial Circuit; judges; salary
supplement.........................................................H96, 1310, 1363, 1365, 1690 HB 1916 --Serious traffic offenses; signal to stop
vehicle; driving under the influence risk program...............................................,.................1196, 1310, 1363, 1563 HB 1917 --DeKalb County; homestead exemption; certain residents..........................................................1196, 1310, 1363, 1366 HB 1918 --Funeral directors and embalmers; licensure; continuing education.......................................................................1196, 1310 HB 1919 --Blackshear, City of; municipal utilities................................................1196, 1310,
1363, 1365, 1962 HB 1920 --Muscogee County; board of education; rate
of tax levy ..........................................................1144, 1198, 1311, 1315, 1690 HB 1921 --Community service boards; county departments of health
and family and children services; unemployment compensation, workers' compensation, and liability coverage.....................................H44, 1198, 1363, 1552, 2091, 2377 HB 1922 --Noncompetition by Government Act; enact.........................................1144, 1198 HB 1923 --Dublin, City of; board of education........................H96, 1310, 1363, 1365, 1690 HB 1924 --Douglas County; commission meetings; location................................1197, 1310,
1363, 1365, 1691 HB 1925 --Child support; noncompliance; limit driver's
license issuance............................................................................'.....1197, 1310 HB 1926 --Madison County; board of commissioners;
composition ..................................................................1197, 1310, 1363, 1366 HB 1927 --Driving under the influence; persons
under age 21; blood alcohol content.............................................1197, 1310 HB 1928 --Marietta, City of; deannex property.................................1308, 1362, 1481, 1482
HB 1929 --Reapportionment; House of Representatives;
districts 41, 44, and 85....................................................................1198, 1310
HB 1930 --Adult residential homes and assisted living
facilities; regulate.............................................................................1308, 1362
HB 1931 --Walton County; water and sewerage authority;

3042

INDEX

chairman's compensation.................................l309, 1362, 1422, 1424, 1798 HB 1932 --Schools; student-led prayer; extracurricular events............................1309, 1362 HB 1933 --Sugar Hill, City of; corporate limits.......................1309, 1362, 1684, 1685, 2035 HB 1934 --Sexual Offender Registration Act; enact...............................................!309, 1362 HB 1935 --Boats; right of operation; waters of state .............................................1309, 1362 HB 1936 --Sports Hall of Fame Board; nonprofit corporation
statutes; applicability.......................................1309, 1362, 1477, 1600, 2431 HB 1937 --Alapaha, Town of; governing authority;
provisions...........................................................1360, 1422, 1481, 1483, 1798 HB 1938 --Marietta, City of; corporate Iimits..........................l360, 1422, 1481, 1483, 2788 HB 1939 --Dog theft and theft by receiving stolen
dog; define offenses .........................................................................1361, 1422 HB 1940 --Public stadium; mascot; breach of contract.........................................1361, 1422 HB 1941 --Hotel and motel tax; change rates.........................................................1361, 1422 HB 1942 --Serious traffic offenses; forfeiture of property.....................................!361, 1422 HB 1943 --Proprietary schools; open records; exempt
certain financial reports..................................................................1361, 1422 HB 1944 --Terrell County; board of elections and
registration; create............................................1361, 1422, 1481, 1483, 1798 HB 1945 --Long-term care facilities; resident abuse;
failure to report................................................................................!362, 1422 HB 1946 --Cobb County; probate court judge and clerk;
compensation.....................................................!416, 1480, 1579, 1580, 2195 HB 1947 --Suwanee, City of; corporate limits..........................1416, 1480, 1684, 1685, 2035 HB 1948 --Sumter County; board of commissioners;
compensation.....................................................1416, 1480, 1579, 1581, 2035 HB 1949 --Walton County; homestead exemption; certain
residents.............................................................1416, 1480, 1579, 1588, 2203 HB 1950 --Education; media costs; prohibit certain
expenditures .................................................................1362, 1422, 1476, 1632 HB 1951 --Sales tax; exempt high school yearbooks..............................................1362, 1422 HB 1952 --McDuffie County; board of commissioners; chairperson...................1416, 1480,
1579, 1581, 2204, 2296, 2390, 2391 HB 1953 --Twiggs County; sheriff; compensation....................l417, 1480, 1579, 1581, 1962 HB 1954 --Twiggs County; probate court judge; compensation ..........................1417, 1480,
1579, 1581, 1962 HB 1955 --Twiggs County; superior court clerk; compensation ..........................1417, 1480,
1579, 1583, 1962 HB 1956 --Twiggs County; tax commissioner; compensation..............................1417, 1480,
1579, 1584, 1962 HB 1957 --Oconee County; county and judicial officers;
compensation.....................................................1417, 1480, 1579, 1586, 1962 HB 1958 --Harris County; homestead exemption; certain
residents.............................................................1417, 1480, 1579, 1588, 1962 HB 1959 --Bartow County; homestead exemption; certain
residents.............................................................1417, 1480, 1579, 1588, 1963 HB 1960 --Bartow County; homestead exemption; certain
residents.............................................................1418, 1480, 1579, 1589, 1963 HB 1961 --Bartow County; homestead exemption; certain
residents.............................................................1418, 1480, 1579, 1589, 1963 HB 1962 --Bartow County; homestead exemption; certain
residents.............................................................1418, 1480, 1579, 1589, 1963
HB 1963 --Walton County; sheriff; vacancy in office............................................!418, 1480,
1579, 1586, 2204, 2244
HB 1964 --Bibb County; civil service system and
board; amend provisions..................................1418, 1480, 1579, 1586, 2427
HB 1965 --Clermont, Town of; new charter .............................1418, 1480, 1579, 1586, 1963

INDEX

3043

HB 1966 --Hall County; homestead exemption; certain residents.............................................................1419, 1480, 1579, 1589, 2035
HB 1967 --Cherokee County; board of education; per diem................................1419, 1480, 1579, 1587, 1963
HB 1968 --Cherokee County; homestead exemption; certain residents .............................................................1419, 1480, 1579, 1589, 1963
HB 1969 --Burke County; board of elections and registration; create............................................1419, 1480, 1579, 1587, 2035
HB 1970 --Competencies and core curriculum; academic subject-based education..................................................................1419, 1480
HB 1971 --Mammography equipment; annual radiation monitoring ..................1419, 1480 HB 1972 --Medical assistance; breast-feeding equipment .....................................1420, 1480 HB 1973 --County solid minerals severance tax; provisions .................................1420, 1480
HB 1974 --Cherokee Judicial Circuit; judges and district attorney; supplement..........................l420, 1480, 1579, 1587, 1963
HB 1975 --Mount Zion, City of; mayor and council; terms .................................1420, 1480, 1579, 1587, 2196
HB 1976 --Mortgage escrow accounts; payment of interest..................................1420, 1480 HB 1977 --Coffee County; commissioner districts...................1420, 1480, 1579, 1587, 2036 HB 1978 --Coffee County; education districts..........................!421, 1480, 1684, 1685, 2036 HB 1979 --DeKalb County; tax commissioner and superior
court clerk; compensation...............................................................1421, 1480 HB 1980 --Pulaski County; magistrate court; chief magistrate...........................1421, 1480,
1579, 1587, 1964 HB 1981 --Condominiums; amend provisions; editorial correction......................1421, 1480 HB 1982 --Hancock County; board of education;
compensation ...............................................................1479, 1578, 1684, 1686 HB 1983 --Hancock County; board of commissioners;
compensation ...............................................................1479, 1578, 1684, 1686 HB 1984 --Raccoons; open trapping season; certain area......................................1479, 1578 HB 1985 --Fur-bearing animals; prohibit sale of any
part; exception..................................................................................l479, 1578 HB 1986 --Atlanta, City of; employee complaints of fraud,
waste, and abuse; regulations..........................!479, 1578, 1931, 1937, 2427 HB 1987 --LaGrange, City of; council districts........................1480, 1578, 1749, 1750, 2196 HB 1988 --Middle Judicial Circuit; judges; miscellaneous
expenses..............................................................!480, 1578, 1684, 1686, 2036 HB 1989 --Cave Spring, City of; corporate Iimits..................................................l480, 1578,
1684, 1686, 2036 HB 1990 --Columbia County; sheriff; compensation .........................1574, 1683, 1749, 1750 HB 1991 --State negotiated contracts; cooperative
hospital services organizations.......................................................1574, 1683 HB 1992 --Synopsis of general laws; distribution;
certain newspapers...........................................................................1575, 1683 HB 1993 --General Assembly; bills and resolutions;
use American English......................................................................l575, 1683 HB 1994 --Clayton Judicial Circuit; judges; supplement...................................,..1575, 1683,
1749, 1751, 2196 HB 1995 --Clayton County; tax commissioner; salary...........................................1575, 1683,
1749, 1751, 2196
HB 1996 --Clayton Judicial Circuit; court reporters; compensation.....................................................1575, 1683, 1749, 1751, 2196
HB 1997 --Clayton County; sheriff; salary................................1575, 1683, 1749, 1751, 2196
HB 1998 --Clayton County; superior court clerk;
salary...................................................................!575, 1683, 1749, 1751, 2196
HB 1999 --Clayton County; probate court judge;
compensation.....................................................!576, 1683, 1749, 1752, 2196

3044

INDEX

HB 2000 --Clayton Judicial Circuit; district attorney; supplement.........................................................l576, 1683, 1749, 1752, 2196
HB 2001 --Clayton County; board of education; compensation ..........................1576, 1683, 1749, 1752, 2197
HB 2002 --Clayton County; coroner; compensation ................1576, 1683, 1749, 1752, 2197 HB 2003 --Clayton County; civil service system; establish..................................1576, 1683,
1749, 1753, 2197 HB 2004 --Clayton County; commission chairman; compensation......................1576, 1683,
1749, 1753, 2197 HB 2005 --Clayton-Rabun County Water and Sewer Authority;
financing........................................................,...1576, 1683, 1749, 1753, 2197 HB 2006 --Floyd County; board of commissioners; residency .............................1577, 1683,
1749, 1753, 2197 HB 2007 --Handicapped parking law; persons who may enforce.........................1577, 1683 HB 2008 --Americus, City of; public schools; funding..........................................1577, 1683,
1749, 1753, 2197 HB 2009 --Richmond County; excess tax revenue;
coliseum ........................................................................1577, 1683, 1794, 1796 HB 2010 --Cobb County-Marietta Water Authority;
appointment of members................................................................1681, 1748 HB 2011 --Rabun County Building Authority; create...........................................!681, 1748,
1794, 1796, 2197 HB 2012 --Vidalia, City of; new charter....................................!682, 1748, 1931, 1937, 2427 HB 2013 --Walton County Commission on Children and
Youth; create .....................................................1682, 1748, 1794, 1796, 2427 HB 2014 --Columbia County; homestead exemption;
certain residents................................................1682, 1748, 1794, 1796, 2197 HB 2015 --Butts County; board of commissioners;
amend provisions.........................................................l682, 1748, 1794, 1795 HB 2016 --Workers' Compensation Board; authority;
self-insurance groups.......................................................................1747, 1794 HB 2017 --Lottery; educational programs; include
certain pre-kindergarten.................................................................1747, 1794 HB 2018 --Lamar County; sheriff; vacancies............................1682, 1749, 1794, 1796, 2198 HB 2019 --Putnam County; homestead exemptions; certain residents...............1682, 1749 HB 2020 --Baldwin County; homestead exemptions;
certain residents ..........................................................1683, 1749, 2180, 2194 HB 2021 --Mclntosh County; board of commissioners;
amend provisions ..............................................1747, 1794, 2028, 2030, 2432 HB 2022 --Richmond County; state court; add judge.......................1747, 1794, 2028, 2030 HB 2023 --Rabun County; board of commissioners;
amend provisions ..............................................1748, 1794, 1931, 1958, 2427 HB 2024 --Floyd County; hospital authority; vacancies.......................................1748, 1794,
1931, 1958, 2204, 2223 HB 2025 --Barnesville, City of; amend charter........................1748, 1794, 1931, 1958, 2427 HB 2026 --Sugar Hill, City of; homestead exemption;
certain residents................................................!748, 1794, 1931, 1958, 2428 HB 2027 --Perry-Fort Valley Airport Authority;
amend provisions ..............................................1748, 1794, 1931, 1958, 2428 HB 2028 --Pendergrass, City of; new charter...........................1748, 1794, 2237, 2252, 2788 HB 2029 --Harris County; commissioner districts...................1792, 1931, 2028, 2030, 2428 HB 2030 --Molena, City of; mayor and council; terms.........................................1792, 1931,
2028, 2030, 2428
HB 2031 --Atlanta-Fulton Family Connection Authority;
create.............................................................................l792, 1931, 2028, 2030
HB 2032 --Warner Robins, City of; corporate Iimits.............................................l792, 1931,
2028, 2030, 2428

INDEX

3045

HB 2033 --Dawson County; tax commissioner; compensation.............................1792, 1931, 2028. 2030, 2428
HB 2034 --Decatur, City of; homestead exemption; certain residents................................................1792, 1931, 2028, 2033, 2428
HB 2035 --Treutlen County; board of education; compensation........................,1793, 1931, 2029. 2031, 2428
HB 2036 --Hart County Industrial Development Authority; create...................................................................!793, 1931, 2029, 2031, 2428
HB 2037 --Bacon County; board of education; compensation.............................1793, 1931, 2029, 2031, 2428
HB 2038 --Houston County School District Building Authority; create.....................................!793, 1931, 2029, 2032, 2204, 2245
HB 2039 --Crawford County; board of commissioners; compensation .....................................................1793, 1931, 2029, 2032, 2429
HB 2040 --Mclntosh County; sheriff; compensation .........................1793, 1931, 2029, 2032 HB 2041 --Mclntosh County; tax commissioner and personnel;
compensation ...............................................................1793, 1931, 2029, 2032 HB 2042 --Atkinson County; commissioner districts ............................................1793, 1931,
2029, 2032, 2239, 2245 HB 2043 --Spalding County; probate court judge;
nonpartisan........................................................1794, 1931, 2029, 2032, 2429 HB 2044 --Spalding County; chief magistrate; nonpartisan................,................1794, 1931,
2029, 2033, 2429 HB 2045 --Spalding County; homestead exemption;
certain residents................................................!794, 1931, 2029, 2033, 2429 HB 2046 --Griffin-Spalding County School District;
ad valorem tax; homestead exemption........................................1794, 1931, 2029, 2033, 2429
HB 2047 --Educational reform programs; comprehensive evaluation..................1930, 2028 HB 2048 --Richmond County; civil court judge; powers.......................................!930, 2028,
2180, 2181, 2788 HB 2049 --Recreational bingo; redefine ...................................................................2027, 2179 HB 2050 --Sexual offenses; redefine offense of prostitution.................................2027, 2179
HB 2051 --Schools; certain disciplinary sanctions; local boards impose .........................................................................2028, 2179
HB 2052 --Cherokee County; board of education; per diem................................1930, 2028, 2180, 2181, 2788
HB 2053 --Tattooing near eye; exemption from restrictions ................................2028, 2179 HB 2054 --Walker County; chief magistrate; compensation ................................1930, 2028,
2180, 2181, 2788 HB 2055 --Crime Victims Emergency Fund; awards; remove limitation ............2179, 2409 HB 2056 --Appeals; certain domestic relations cases; amend provisions ......................2407 HB 2057 --Fire protection sprinkler contractors; licensure .............................................2407 HB 2058 --Physicians; licensure; revise provisions............................................................2408 HB 2059 --Landlord and tenant; security deposits; interest...........................................2408 HB 2060 --Bias Crimes Information and Documentation Act; enact.............................2408 HB 2061 --Sovereign immunity; limited waivers; liability...............................................2408 HB 2062 --Master and servant; newly hired employees; insurance................................2408 HB 2063 --Bear parts; prohibition against selling; exception..........................................2408 HB 2064 --State boards; uniform expense allowances......................................................2409

PART
HOUSE RESOLUTIONS
HR 10 --Programs mandated locally by state; funding - CA............................No Action HR 11 --U. S. senators and representatives from
Georgia, General Assembly, and elected state officials; term limitations - CA......................................................No Action HR 12 --Bills raising revenue; approval by voters - CA.....................................No Action HR 13 --Special purpose sales tax; local school systems; capital outlay; General Assembly provide by general law - CA...........................................................No Action HR 14 --Inspector general; create office - CA .....................................................No Action HR 15 --State Flag Commission; create................................................................No Action HR 18 --Rules of House; amend Rule 29 .............................................................No Action HR 22 --Voluntary prayer in schools; urge Congress to restore ...................................528 HR 23 --Voluntary prayer in schools; urge Congress to restore ...................................529 HR 51 --House State Emergency Management Study Committee; create............................................................................No Action HR 52 --Certain federal lawsuit; urge Governor refrain from settling.........................................................................No Action HR 53 --Special one percent sales tax; education; General Assembly provide - CA.....................................................No Action HR 54 --Joint Study Committee on Legislative Information Systems and Accessibility; create..................................................No Action HR 56 --House Study Committee on Legislative Information Systems and Accessibility; create..................................................No Action HR 58 --Bills or resolutions requiring expenditure of funds by local governments; fiscal note - CA..............................No Action HR 59 --Senate; staggered four-year terms - CA................................................No Action HR 60 --Four-year college in Gordon County; Board of Regents appoint committee to study need..............................No Action HR 62 --Roadway lighting; urge use of technology to minimize glare, light trespass, and sky glow................................No Action HR 63 --Metropolitan Atlanta Olympic Games Overview Committee; create...........................................................No Action HR 77 --House Restructuring of the Education System of Georgia Study Committee; create.............................................No Action HR 79 --General Assembly; four-year terms; four-term limit - CA........................................................................No Action HR 80 --State government appointments; express intent to insure state-wide representation....................................................No Action HR 86 --House Computerization of the Legislative Branch Study Committee; create ..................................................No Action HR 89 --Local governments; certain expenditures and certain tax increases; General Assembly limit by law - CA.......................................................................................No Action

3048

INDEX

HR 90 --Education; change funding from ad valorem tax to sales and use tax - CA.........................................................No Action
HR 91 --Joint Study Commission on Revenue Structure; re-create ................No Action HR 92 --General bills raising revenue; two-thirds
vote required - CA...........................................................................No Action HR 93 --Death sentence commuted to life; prohibit
parole - CA........................................................................................No Action HR 94 --Appropriations; authorize Governor to reduce - CA...........................No Action HR 95 --General bills raising revenue; two-thirds
vote required - CA...........................................................................No Action HR 96 --Wilson, Nina; compensate.......................................................................No Action HR 97 --Rules of House; add Rule HA................................................................No Action HR 102 --Public officers; ethics training; General Assembly
provide by general law - CA...........................................................No Action HR 103 --Education Department; adopt five-year budget Act - CA .................No Action HR 104 --Initiative petitions; power to enact or reject
statutes and amendments to the constitution - CA ...................No Action HR 116 --Local school systems; educational enrichment
tax; authorize - CA...........................................................................No Action HR 124 --Lewis, Walter; compensate.......................................l573, 1658, 2298, 2552, 2796 HR 127 --House Study Committee on Private No-Fault
Motor Vehicle Insurance; create ....................................................No Action HR 130 --General Assembly; four-year terms; elected
state officials; limit terms - CA.........................................................528, 594 HR 132 --Ad valorem tax; local government exempt
property used for economic development - CA.....................................1200 HR 133 --Raffles by nonprofit organizations; provisions - CA ...........................No Action HR 149 --Clayton County Olympic Coordinating Committee;
support; endorse bid for 1996 Women's Fast-Pitch Softball Event ...............................................................No Action HR 150 --Joint Study Committee on Privatization of Certain Governmental Services; create ....................................No Action HR 178 --Nude dancing; regulation; General Assembly authorize by law - CA......................................................................No Action HR 179 --Certain intoxicating liquors; prohibit delivery in state - CA.........................499 HR 192 --Wright, Captain Jeffrey Stewart, U.S.M.C.; condolences; invite family to House..............................................No Action HR 193 --General bills raising revenue; two-thirds vote required - CA...........................................................................No Action HR 194 --General Assembly; limit number of general bills by each member - CA.............................................................No Action HR 214 --Public Service Commission; governor appoint; nominating commission; General Assembly provide by law - CA.........................................................................No Action HR 215 --Metropolitan Atlanta Rapid Transit Overview Committee; amend repeal provisions .....................................271, 471, 2039 HR 234 --Homosexuals in military; urge Congress preserve ban prohibiting .................................................................No Action HR 240 --Ad valorem tax; enterprise zones; certain tax treatment; General Assembly provide by law - CA .......................1501 HR 241 --Community Right-to-Know Trust Fund; General Assembly provide by general law - CA.........................................No Action
HR 242 --Joint Steering Committee for the Georgia
General Assembly's Conference on Access to
Health Care; create ..........................................................................No Action
HR 243 --Ad valorem tax; increase state levy - CA..............................................No Action
HR 256 --House of Representatives; cliches from

INDEX

3049

well; relative to .................................................................................No Action HR 257 --Initiative petition; power to enact or reject
amendments to the constitution - CA..........................................No Action HR 258 --Initiative petition; power to enact or
reject statutes - CA..........................................................................No Action HR 259 --Helton, Jimmy; compensate .........................................................1573, 1659, 2298 HR 260 --Federal funds for federally mandated programs;
urge Congress propose constitutional amendment......................No Action HR 261 --Programs mandated locally by state;
urge General Assembly provide state funds ................................No Action HR 262 --Programs mandated locally by state;
90 percent state funding - CA........................................................No Action HR 263 --Winkler, Craig J.; compensate..........................................................................2298 HR 264 --General Assembly; require quorum for countable day - CA..............No Action HR 269 --Motor fuel tax; additional 5 cents per gallon - CA.............................No Action HR 270 --Motor fuel tax; urge use for any transportation purpose...................No Action
HR 271 --Motor fuel tax; appropriate for transportation system - CA.......................................................................................No Action
HR 272 --Nutritional Freedom Day; declare February 17, 1993 ........................No Action HR 288 --State government; urge purchase of American made goods ..............No Action HR 290 --Counties and municipalities; debt incurred through
certificate of participation; prohibit - CA....................................No Action
HR 303 --Olympic Challenge in schools; urge State Board of Education create..........................................................................No Action
HR 309 --Raffles by nonprofit organizations; provisions - CA ...........................No Action HR 310 --Certain parks and recreation lands;
development; urge Congress appropriate funds ..........................No Action HR 328 --Rules of House; amend Rule 11 .............................................................No Action HR 329 --Rules of House; amend Rule 11 .............................................................No Action HR 339 --Selph, Shirley; compensate.................................................1573, 1660, 2298, 2374 HR 341 --Trion High School industrial arts classes;
invite to House .................................................................................No Action
HR 347 --Kennesaw State College; urge Board of Regents expand graduate level programs in education.............................No Action
HR 348 --Jester's Creek Bicycle Trail in Clayton County; support development........................................................No Action
HR 350 --Rules of House; amend Rule 11 .............................................................No Action HR 357 --Bartow County; convey property............................................................No Action HR 358 --House Third School Meal Study Committee; create ..........................No Action HR 360 --Regional development centers; ratify certain transfers ......................No Action HR 364 --Mustang 1992 All-Stars; invite to House..............................................No Action HR 382 --Johnson Gresham Bridge; designate......................................................No Action HR 383 --Lucius D. Clay Memorial Parkway; designate .....................................No Action HR 384 --State government; personnel expense; request
plan to reduce...................................................................................No Action
HR 388 --Board of Regents; full-time employees; urge tuition remission......................................................................No Action
HR 390 --Bellamy, Walt; invite to House ..............................................................No Action HR 398 --Education Accountability and Evaluation
Commission; create..........................................................................No Action
HR 399 --Georgia Division of the Sons of Confederate Veterans; commend..........................................................................No Action
HR 401 --State health insurance system; General Assembly provide by law - CA.........................................................................No Action
HR 402 --Geo. L. Smith II World Congress Center; activities on sidewalks; relative to.................................................No Action
HR 403 --Georgia Civil War Resources Commission; create...............................No Action

3050

INDEX

HR 411 --R. G. Daniell, Sr., Memorial Highway; designate................................No Action HR 417 --Military activity not authorized by Congress;
urge Congress not fund ...............................................................................739 HR 422 --Homestead exemption; urge study by Joint Study
Commission on Revenue Structure...............................................No Action HR 426 --House Interagency Collaboration for School Based
Services to Youth Study Committee; create................................No Action HR 428 --Local option sales tax without decrease in
property tax; provide - CA.............................................................No Action HR 434 --Raffles by nonprofit organizations; provisions - CA ...........................No Action HR 436 --Certain parks and recreation lands;
development; urge Congress appropriate funds ..........................No Action HR 438 --Hart County Probation Detention Center; urge
renaming as "Bobby Joe Whitworth Probation Detention Center"............................................................................No Action HR 441 --Georgia Historic Preservation Study Commission; create..................No Action HR 463 --Barber, Mrs. Janette McGarity; place portrait in capitol............................................................................................No Action HR 466 --Education Accountability and Evaluation Commission; create..........................................................................No Action HR 467 --Land acquisition; certain metropolitan Atlanta sites; urge consideration ...................................................No Action HR 515 --Rules of House; amend Rule 11 .............................................................No Action HR 516 --House Education Reform Study Committee; create...........................No Action HR 539 --Rules of House; amend Rule 11 .............................................................No Action HR 555 --Board of regents; limitations upon appropriations - CA....................1643, 1677 HR 563 --Public Safety Department; career concerns of certain personnel; urge Board review.....................................................30 HR 564 --Rabun County; convey property...........................................................................30 HR 578 --Sons of Confederate Veterans; commend .............................................No Action HR 579 --Development impact fees for educational facilities; General Assembly provide by general law - CA.......................30 HR 606 --Pari-mutuel wagering; General Assembly regulate by law - CA .....................30 HR 609 --Ad valorem taxation of farm equipment; General Assembly provide by law - CA......................................................30 HR 651 --Notify Senate; House convened..............................................................................? HR 652 --Notify Governor; General Assembly convened..............................................?, 30 HR 653 --Rules of House; adopt..............................................................................................8 HR 654 --Joint session; Governor's message....................................................................8, 56 HR 655 --Joint session; Governor's message; invite Supreme Court justices and Appeals Court judges.............................................12, 30 HR 656 --Joint session; message from the Chief Justice of Supreme Court ....................................................................................12, 30 HR 657 --Joint session; Governor's message..................................................................12, 31 HR 658 --Adjournment; relative to................................................................................. 13, 31 HR 659 --Programs mandated locally by state; 90 percent state funding - CA...................................................................................27, 55 HR 660 --Smith-Murphy Conference Room; designate...............................27, 55, 271, 391 HR 661 --Federally mandated programs; urge federal funding.........................................................................28, 55, 472, 690 HR 662 --Joint Study Commission on Revenue Structure; re-create.........................................................28, 55, 108, 411, 767
HR 663 --Ad valorem tax; separate class for redevelopment - CA....................28, 55, 810
HR 664 --Joint Regional Hospital Study Committee;
create...........................................................................28, 55, 1612, 1812, 2432
HR 665 --Representative from 96th District; reprimand..............................28, 55, 71, 105
HR 666 --Forcible felony; third conviction; life

INDEX

3051

without parole - CA.................................................................................28, 55 HR 667 --Voluntary group prayer in public schools;
urge United States constitutional amendment...........................28, 55, 529 HR 668 --Howard "Bo" Warren Parkway; designate........................29, 55, 520, 829, 1799 HR 669 --State lottery; biennial submission to voters - CA .......................................29, 55 HR 670 --Representative from 18th District; censure...................................29, 55, 78, 118 HR 671 --Certain convictions; prohibit parole - CA.....................................................29, 55 HR 672 --Education funding; two percent sales tax;
limit increase of millage rate - CA........................................................29, 55 HR 673 --Education funding; one percent local option sales tax - CA.....................29, 55 HR 674 --Appeals Court and Supreme Court; filling of vacancies - CA...................29, 55 HR 675 --Greene-Taliaferro Tigers football team;
invite to House...................................................................................31, 72, 73 HR 676 --Lithia Springs High School women's softball
team; invite to House........................................................................31, 72, 73
HR 677 --Dunwoody High School Wildcats football team; invite to House...................................................................................32, 72, 73
HR 678 --4-H Day at state capitol; invite winners and president to House ....................................................................32, 72, 73
HR 679 --Mundy's Mill Middle School; commend.............................................................32 HR 680 --Singletary, Raymond C., Jr.; commend...............................................................32 HR 681 --Stewart Middle School football team; commend...............................................32 HR 682 --Vickers, Maria; commend......................................................................................32 HR 683 --Alexander High School football team; commend...............................................32 HR 684 --Wynnton School; 150th anniversary; commend.................................................32 HR 685 --Thompson, Honorable Roscoe; condolences.......................................................32 HR 686 --Taylor, Jessie; condolences....................................................................................32 HR 687 --Brown, Amy; commend..........................................................................................32 HR 688 --McCombs, Judge Rufe E.; commend...................................................................33 HR 689 --Ellis, Barbara; commend........................................................................................33 HR 690 --Callin, Doris; commend..........................................................................................33 HR 691 --Toon, Rhonda; commend.......................................................................................33 HR 692 --Parris, Jason; commend.........................................................................................33 HR 693 --Stewart, Katherine; commend ..............................................................................33 HR 694 --Randolph, Matthew; commend.............................................................................33 HR 695 --Stevenson, Autumn; commend..............................................................................33 HR 696 --Lucas, Patrick; commend.......................................................................................33 HR 697 --Watson, Cory; commend........................................................................................33 HR 698 --Kinser, Heidi; commend........................................................................................33 HR 699 --Ambrose, Mr. and Mrs. James Robert; commend.............................................33 HR 700 --Smith, Dr. William Eugene; condolences............................................................33 HR 701 --Isakson, Edwin A.; condolences............................................................................34
HR 702 --General Assembly members, constitutional officers, and Public Service Commission; limit number of consecutive terms; change terms of General Assembly - CA.....................................54, 71, 528
HR 703 --Education funding; repeal ad valorem tax and impose three percent sales tax - CA.....................................................54, 71
HR 704 --State budget; limit rate of growth - CA........................................................54, 71 HR 705 --Water closets for females; urge increase
in minimum number...............................................................54, 71, 317, 435 HR 706 --Ellis, Ray; invite to House.....................................................................................56
HR 707 --University of Georgia 1993 gymnastics team;
invite to House..................................................;............................56, 232, 234
HR 708 --General Assembly members and constitutional officers; term limits - CA........................................................................70, 87
HR 709 --Alcoholic beverages; regulatory power of state;

3052

INDEX

delegation to counties and municipalities for regulation of nude dancing - CA..............................70, 87, 809, 1021, 1428 HR 710 --Joint Study Committee for the State Board of Pardons and Paroles; create..............................................................70, 87 HR 711 --Health care benefit plans; recommend prescription drug coverage.........................................................................70, 87, 985, 2215 HR 712 --Pilot program courts; nonuniform jurisdiction; selection of judges - CA.............................................70, 87, 739, 1526, 2432 HR 713 --Georgia Wildflower Project Fund; create - CA..........................................87, 116 HR 714 --United States Constitution; repeal 1976 Resolution requesting convention .......................................................87, 116 HR 715 --Metro Fast-Pitch Softball Tournament participants; invite to House...............................................................................92, 254, 276 HR 716 --Georgia National Guard Day; designate February 3, 1994; invite Major General William P. Bland to House..........................................................92, 254, 276 HR 717 --Silver-Haired Legislature; commend members ..................................................93 HR 718 --Swainsboro High School Band of Gold; commend............................................93 HR 719 --Shearouse, Michelle; commend.............................................................................93 HR 720 --Roper, Anne; commend..........................................................................................93 HR 721 --McCutchen, Lauren; commend.............................................................................93 HR 722 --O'Brien, Brendan; commend.................................................................................93 HR 723 --Hammonds, Garfield, Jr.; commend....................................................................93 HR 724 --Shuman, Jack Wilson; condolences......................................................................93 HR 725 --Vaughan, Honorable Jack; commend...................................................................93
HR 726 --Joint Study Committee on Historic Dramas; create.................................................................................H5, 232, 1199, 1471
HR 727 --Centralized emission testing program; urge delay of implementation ....................................................115, 232, 809, 978
HR 728 --Ad valorem taxes; limitation on increases - CA ......................................115, 232 HR 729 --House Pain Management Study Committee; create...............................116, 232 HR 730 --Sergeant Ray McKibben Highway; designate...............H6, 232, 520, 831, 1428 HR 731 --Bremen Church of Christ Elders; commend.....................................................H9 HR 732 --State appropriations; limitations on expenditures - CA ........................231, 270 HR 733 --Campbell, Mayor Bill; invite to House.............................................119, 254, 276 HR 734 --Georgia Women's Intersport Network (GA-WIN);
invite members to House............................................................119, 254, 276 HR 735 --House Committee to Study the Composition of
the Gwinnett County Governing Authority; create ........................231, 270 HR 736 --Easson, Mary; commend......................................................................................119
HR 737 --King, Martin Luther, Jr., Day at New Hope A.M.E. Church; commend...........................................................................119
HR 738 --Calloway, Reverend Stanley; commend.............................................................119 HR 739 --"Pedestrian Safety Week" in Georgia; third
week in October; encourage public schools to recognize........................119 HR 740 --South Fulton Democratic Club; commend........................................................H9 HR 741 --Holloway, Joe; commend .....................................................................................120 HR 742 --SWaMP (Solid Waste Management Plan) Kids of
Franklin County; commend........................................................................120
HR 743 --National Voter Registration Act; urge Congressional delegation to seek repeal...........................................268, 293
HR 744 --Brooks County; convey property.....................................268, 293, 445, 653, 1799
HR 745 --Special purpose sales tax; education; General
Assembly authorize by law - CA.......................................................268, 293
HR 746 --Ad valorem and income tax relief for elderly;
General Assembly establish - CA......................................................268, 293
HR 747 --State flag; description - CA ........................................................................268, 293

INDEX

3053

HR 748 --Trafficking; parole; General Assembly prohibit by law - CA...........................................................................269, 293
HR 749 --Georgia Chicken Cookin' Championship and Southern Foods Festival; designate Buena Vista and Marion County as official site..................................................315
HR 750 --Gwinnett County; urge certain roll back of millage rate ..............................................................................269, 293, 947
HR 751 --Delta Sigma Theta Sorority; invite members to House.................235, 294, 332 HR 752 --Keep Macon-Bibb Beautiful Commission, city and
county officers, and Cherry Blossom Festival Board; invite to House................................................................235, 294, 332 HR 753 --Cook, Sergeant Howell "Nub"; commend.........................................................252 HR 754 --Georgia Citizens for the Arts; commend...........................................................253 HR 755 --Merritt, Laura; Miss Cobb County of 1994; commend...................................253 HR 756 --Kidd, Milton L.; commend..................................................................................253 HR 757 --Entertainment Capital of Southwest Georgia; recognize Buena Vista and Marion County .............................................253 HR 758 --"Sierra Leoneans Day" in Georgia; recognize April 27, 1994 ........................253 HR 759 --Bainbridge "Bearcat" Band; commend .............................................................253 HR 760 --Moncrief, Gay; commend.....................................................................................253 HR 761 --Pool, John; commend...........................................................................................253 HR 762 --Abraham, Michele; 1993 National Spelling Bee representative; commend ............................................................................253 HR 763 --Education, State Board of; election by General Assembly - CA..............................................................269, 293, 529 HR 764 --Property Owners' Compensation Trust Fund; General Assembly provide by law - CA ...........................................269, 293 HR 765 --Pardons and Paroles Board; election; chairman's appointment - CA................................................................................269, 293 HR 766 --Abney, George M.; invite to House...................................................276, 294, 297 HR 767 --Horn, Louis III; compensate........................................292, 325, 1573, 1661, 2298 HR 768 --Vendie Hudson Hooks, Sr., Memorial Highway; designate.....................................................................292, 325, 520, 830, 1799 HR 769 --Blackwell, Major General Paul E.; commander of Ft. Stewart; invite to House......................................................276, 326, 408 HR 770 --Economic parity assessment; authorize study by Department of Audits and Accounts...........................................292, 325 HR 771 --"Motorcycle Awareness and You Month"; recognize May, 1994.....................................................................................315 HR 772 --Stockbridge High School Naval Junior Reserve Officers' Training Corps; invite to House................................297, 444, 448 HR 773 --Herbert A. Saliba Bridge; designate...............................324, 402, 520, 830, 1757 HR 774 --Medicaid; limitation on prescription drugs for senior citizens; urge study............................................................324, 402 HR 775 --Ad valorem tax; low-income housing renovation exemption - CA................................................................324, 402 HR 776 --Economic parity assessment; authorize study by Department of Audits and Accounts...........................................324, 402 HR 777 --Weeks, Janet; commend.......................................................................................315 HR 778 --Old National Athletic Association Youth Football Program; commend......................................................................316 HR 779 --Poole, Jason Kristopher; commend....................................................................316
HR 780 --"African American Business Enterprise Day";
recognize first Thursday in March....................................................316, 406
HR 781 --Daffron, Sam; commend ......................................................................................316
HR 782 --"African American Business Enterprise Day";
recognize first Thursday in March....................................................316, 406

3054

INDEX

HR 783 --Lovejoy High School; commend .........................................................................316 HR 784 --Savannah Cardinals; commend...........................................................................316 HR 785 --Bosch, Gerry; commend.......................................................................................316 HR 786 --Mitchell, Darrion; commend ...............................................................................316 HR 787 --Wheeler, Emma Jean; condolences....................................................................316 HR 788 --Ward, Charlie, Jr.; commend..............................................................................316 HR 789 --Southeast Bulloch High School; commend.......................................................317 HR 790 --West Bainbridge Middle School Band; commend...........................................317 HR 791 --Swamp Gravy; designate Official Folklife Play .....................................317, 406
HR 792 --White, Eddie J.; commend..................................................................................317 HR 793 --House Prescription Drug Assistance for Low Income Elderly
and Disabled Persons Study Committee; create.............................324, 402 HR 794 --Thomas County Central High School Yellow
Jackets football team; invite to House.....................................332, 444, 449 HR 795 --Sales tax on lottery tickets; allocate to
local school boards - CA.....................................................................401, 443 HR 796 --Air pollution; urge Environmental Protection
Division to institute emission credit banking and trading program......................................401, 443, 809, 968, 2093, 2359 HR 797 --Cultural relations within General Assembly; relative to........................401, 443 HR 798 --Camillia Festival Month; designate February; invite representatives to House.................................................332, 444, 449 HR 799 --Coastal Empire - Boy Scouts of America; commend ......................................392 HR 800 --South Gwinnett High School football team; commend ..................................393 HR 801 --Hatch, Police Officer Rob; commend ................................................................393 HR 802 --Smith, Sergeant Johnnie W.; commend............................................................393 HR 803 --B-52's; commend...................................................................................................393 HR 804 --African-American community; strive for economic self-sufficiency and economic independence ..........................393 HR 805 --Cole, Jean; commend............................................................................................393 HR 806 --State Government Reorganization Commission; create - CA................401, 443 HR 807 --Taylor, Lewis; compensate..........................................................................401, 443 HR 808 --Disabled persons; family and individual support plan; urge development..........................................401, 443, 985, 1535, 2202 HR 809 --Pitts, Staff Sergeant Robert C., Ill; invite to House.............................................................................408, 444, 449 HR 810 --Georgia Peach Festival; invite representative to House..............................................................408, 444, 449 HR 811 --Acts of the General Assembly; ratification by people - CA.................................................................441, 480 HR 812 --Rights of crime victims; provisions - CA..................................................441, 480 HR 813 --Martin, Kara; invite to House............................................................408, 444, 449 HR 814 --Floyd County; convey property.......................................442, 480, 705, 778, 1799 HR 815 --World War II veterans; express appreciation; study possibility of erecting monument..........................................442, 480,
739, 780, 2432 HR 816 --Glynn County; convey property......................................442, 480, 705, 779, 1800 HR 817 --Glynn County; convey property......................................442, 480, 705, 779, 1800 HR 818 --Cobb County; lease property ...........................................442, 480, 705, 779, 1320 HR 819 --Chatham County; lease property ....................................479, 518, 705, 779, 1800 HR 820 --1000 Lawyers for Justice Project; commend ....................................................449 HR 821 --Smith, O. Bruton; invite to House ....................................................451, 637, 650
HR 822 --Scottish Borders Enterprise; invite chairman and
chief executive to House.............................................................451, 637, 650
HR 823 --Jenkins County; convey property....................................479, 518, 705, 779, 1800
HR 824 --Jerry D. Jackson Bridge; designate ..............................480, 518, 520, 1340, 2432
HR 825 --National health care reform plans; urge

INDEX

3055

full disclosure...................................................................480, 518, 2025, 2472 HR 826 --Augusta Canal Authority; commend..........................................................449, 526 HR 827 --Porter, Ruth Terrell; commend..........................................................................449 HR 828 --Brote, Henry; commend.......................................................................................449 HR 829 --"Hezekiah Walker and the Love Fellowship Crusade
Choir Day"; proclaim February 5, 1994....................................................449 HR 830 --"The Year of Gospel Music"; designate 1994...................................................450 HR 831 --Bolden, Wayne; commend...................................................................................450 HR 832 --Veterans Affairs, Department of; commend national
salute to hospitalized veterans ...................................................................450 HR 833 --Sullivan, Joseph C.; commend............................................................................450 HR 834 --Hamrick, James Robert "Robbie"; commend ..................................................450 HR 835 --Wilson, Eugene Nathaniel; commend................................................................450 HR 836 --Walker, Hezekiah; commend...............................................................................450 HR 837 --Seidl, Albert; commend........................................................................................450 HR 838 --Smith, Mark Henry; commend...........................................................................450 HR 839 --Blanton, Vallye; commend...................................................................................450 HR 840 --Gilliam, Stella Mae Dotson; condolences..........................................................450 HR 841 --Howard, Deacon Jessie; condolences .................................................................451 HR 842 --Bryan County; lease property ...............................516, 589, 705, 779, 1801, 2008 HR 843 --Property tax; millage rate; limitation - CA..............................................517, 589 HR 844 --Driving under the influence offense; constitute
moral turpitude; prohibit holding office - CA.................................517, 589 HR 845 --Cordele-Crisp County Fish Fry; invite
representatives to House............................................................486, 628, 628 HR 846 --Blue Ridge Mountain Electric Membership
Corporation; invite superintendent to House .........................486, 590, 596 HR 847 --Public television; demand for responsible programming................................486 HR 848 --Commission to Study Family Courts; create............................................517, 589 HR 849 --Firefighters' Recognition Day; observe February 8, 1994...............................510 HR 850 --Martin, Dr. John M. "Pepper"; commend........................................................511 HR 851 --Georgia Network of Children's Advocacy Centers; commend .......................511 HR 852 --Montessori Children's Cottage in Conyers;
commend elementary class .........................................................................511 HR 853 --Winder-Barrow High School Bulldoggs football team; commend.................511 HR 854 --Rockdale County School System; 100th anniversary; commend...................511 HR 855 --Chester, Chatele' Antionette; commend............................................................511 HR 856 --Georgia Year of the Family; recognize 1994.....................................................511 HR 857 --Pearson Elementary School; fourth grade students
of Mr. Broughton Bennett; commend.......................................................511 HR 858 --Langley, Dax; invite to House............................................................529, 637, 650 HR 859 --Rabun County; lease property................................'.........588, 636, 705, 779, 1800 HR 860 --Deer; special hunts to reduce overpopulation;
urge Department of Natural Resources inform public............................................................................588, 636, 636, 781, 919 HR 861 --Rabun County; lease property.........................................588, 636, 705, 780, 1429 HR 862 --Twiggs Academy Lady Trojan Softball Team; invite to House.............................................................................529, 637, 650 HR 863 --Carlton H. Colwell Probation Detention Center; designate.....................................................518, 589, 762, 1561, 2202 HR 864 --Meade, Sharman Millicent; compensate...................................................589, 636 HR 865 --Georgia Medical Group Administrators; commend.........................................582
HR 866 --Fowler, Wally; commend......................................................................................582
HR 867 --Cowart, Roy J.; commend....................................................................................582
HR 868 --Dobbs, Ms. Stacey; commend.............................................................................583
HR 869 --Edwards Middle School of Rockdale County; commend................................583
HR 870 --Andrews, Bernard Robert, Jr.; commend..........................................................583

3056

INDEX

HR 871 --Winn, Frank M.; commend .................................................................................583 HR 872 --Propst, Chancellor H. Dean; commend.............................................................583 HR 873 --Skandalakis, Mitch; invite to House.................................................595, 705, 728 HR 874 --Local governments; expenditures and increases;
General Assembly limit by law - CA................................................635, 704 HR 875 --Health Care Reform/Managed Health Care; create
Joint Steering Committee; Joint Historic Dramas Study Committee; create; Museum of Aviation; urge naming building in honor of Roy H. (Sonny) Watson, Jr...................................................635, 704, 1030, 1545, 2613, 2697 HR 876 --The Paralympic Games; invite athletes and medal winners to House.............................................................595, 664, 665 HR 877 --Bike-to-Work Day in Georgia; recognize May 17, 1994 .........................606, 726 HR 878 --"Health Care for Rural and Underserved Georgians Day"; designate February 9, 1994..............................................................606 HR 879 --Balkcom, Honorable Ralph M., Sr.; condolences.............................................606 HR 880 --Blanton, Ms. Vallye; invite to House................................................595, 705, 728 HR 881 --Holyfield, Evander; commend.............................................................................629 HR 882 --Georgia Council on Aging; commend.................................................................629 HR 883 --Atlanta Knights hockey team; commend..........................................................629 HR 884 --Leavell, Charles "Chuck"; invite to House ......................................650, 762, 768 HR 885 --"Engineers Day" in Georgia; declare February 8, 1994..................................649 HR 886 --"Senior Week at the Capitol"; declare February 8-10, 1994..........................649 HR 887 --Refugees residing in Georgia; commend............................................................649 HR 888 --Raffles by nonprofit organizations; lawful but regulated - CA...............................................................................702, 761 HR 889 --House Study Committee on the Adoption of the Uniform Interstate Family Support Act; create ......................702, 761 HR 890 --Obstetricians and gynecologists; support designation as primary care providers......................................................649 HR 891 --Jackson, Dr. Carolyn Jean; commend................................................................649 HR 892 --Landress, William C.; commend.........................................................................649 HR 893 --Jones, Phil; commend...........................................................................................649 HR 894 --State regulatory authority over alcoholic beverages; confirm - CA......................................................................702, 761 HR 895 --Revenue Stabilization Fund; General Assembly establish - CA .......................................................................................703, 761 HR 896 --Adjournment; relative to......................................................................................728 HR 897 --116th Fighting Wing on Dobbins Air Force Base; urge Congress maintain.................................................760, 808 HR 898 --Mundy, General Carl E.; invite to House.........................................741, 778, 791 HR 899 --Georgia Women of Achievement; commend.....................................................740 HR 900 --Pruett, Cecil; commend........................................................................................740 HR 901 --Georgia State Council of Machinists; commend..............................................740 HR 902 --Truly, Admiral Richard H.; commend...............................................................740
HR 903 --Ellijay Apple Marketing Association, the Ellijay Lions Club, and the Gilmer County Chamber of Commerce; commend.............................................................740
HR 904 --Gilmer Garden Club; commend Betty Lee and members..............................741 HR 905 --Roberts, A. R. "Rick", III; commend.................................................................741 HR 906 --Scoggins, Nelson 0.; compensate....................................................760, 808, 1573,
1662, 2298, 2384, 2798
HR 907 --Georgia Ports Authority; convey property in Columbus.......................760, 808,
987, 1103, 1800
HR 908 --American Association of Retired Persons; declare February 10, 1994 AARP Day at the Capitol............................775
HR 909 --Airport Development Authority; urge location

INDEX

3057

of next major airport be central to Macon, Albany, and Columbus..........................................................761, 808 HR 910 --Edwards, Hallie Ward; commend.......................................................................775 HR 911 --Hill, Dr. Carolyn E.; commend...........................................................................775 HR 912 --Dixon, Larry E.; commend..................................................................................775 HR 913 --Borders, Reverend William Holmes, Sr.; condolences ....................................775 HR 914 --Cook, Gary; commend..........................................................................................775 HR 915 --Beavers, Reverend Robert L. "Jackey"; commend..........................................775 HR 916 --Shirley, JoAnne; commend..................................................................................775 HR 917 --Bentley, George W., Ill; commend.....................................................................775 HR 918 --Shaw, Jo Ann; commend......................................................................................775 HR 919 --Cook County High School; commend................................................................776 HR 920 --Gainesville-Hall County '96 Roundtable; commend........................................776 HR 921 --Aged and Disabled Transportation Task Force; create.........................807, 848,
1146, 1350, 2091, 2621, 2643, 2758 HR 922 --Alpha Kappa Alpha Sorority, Inc.; invite
president and members to House .............................................819, 946, 954 HR 923 --Wisham, Officer Gary; invite to House ........................................819, 1344, 1345 HR 924 --Taylor, Sergeant Walt; invite to House........................................819, 1344, 1345 HR 925 --Private George W. Lee, Jr., Memorial Bridge
and the James E. "Billy" McKinney Bridge; designate......................................................847, 913, 1036, 1352, 2390, 2683 HR 926 --Cook, James C.; compensate...................847, 913, 1573, 1663, 2298, 2692, 2796 HR 927 --Georgia's Antiques Trail; designate...........................................................847, 913 HR 928 --United States Olympic Team; express support................................................844 HR 929 --Cleveland, Katie; commend.................................................................................844 HR 930 --Smokey Bear; 50th anniversary; invite to House........................853, 1344, 1345 HR 931 --Warner Robins Air Logistics Center; Major General William P. Hallin, Commander; invite to House ...................853, 946, 955 HR 932 --Multi-Housing Outreach Ministry and staff of Evans Mill Place apartment community; commend...............................872 HR 933 --Christian Minister's Alliance, Inc.; commend ..................................................872 HR 934 --Bird, Claude E.; commend ..................................................................................872 HR 935 --Bird, Claude E., Jr.; commend............................................................................872 HR 936 --Ridgeway, David P., Sr.; commend....................................................................872 HR 937 --GA 96 AG Joint Steering Committee; create..........................................913, 945,
1145, 1528, 2039 HR 938 --Federal tax imposition; effective date; urge
United States Constitutional convention.........................................944, 985 HR 939 --Arrington, Honorable Marvin S.; invite to House...........................................935 HR 940 --Ty Cobb Parkway; designate............................................................944, 985, 1036 HR 941 --Adjournment; relative to......................................................................................954 HR 942 --Georgia Junior Miss Scholarship Program; invite
1994 Georgia Junior Miss to House......................................954, 1073, 1088 HR 943 --Health care services; certain contracts;
General Assembly authorize by general law - CA .......................984, 1036, 1306, 1605, 2091, 2328, 2796
HR 944 --Thornton, Charles Antione; commend...............................................................966 HR 945 --Gearing, Reverend and Sister C. D., Jr.; commend.........................................966 HR 946 --Townsend, Kimberly; commend.........................................................................966 HR 947 --Townsend, Dr. Maurice K.; condolences...........................................................966 HR 948 --Kittles, Gene; commend.......................................................................................966
HR 949 --St. Matthew's Episcopal Church; commend.....................................................966
HR 950 --Lilburn Woman's Club and family violence
assistance agencies; commend....................................................................966
HR 951 --Langley, Dax; commend.......................................................................................966
HR 952 --Winslette, W. G. "Geechie", Jr., and the

3058

INDEX

Outnam County Board of Commissioners; commend.............................966 HR 953 --Miller, Bob; commend..........................................................................................966 HR 954 --Exchange Club of Appling County; commend .................................................966 HR 955 --Arbor Day in Georgia; 102nd anniversary; recognize......................................967 HR 956 --Harris, Dr. William C., Jr.; commend................................................................967 HR 957 --Duggan, Lois Gettys; condolences......................................................................967 HR 958 --Sellers, Laura; commend......................................................................................967 HR 959 --Kelley, William Jeffrey and Rosa Lee, and
Boy Scout Troop 500; commend................................................................967 HR 960 --Historically Black Colleges Day in Georgia;
declare February 17, 1994...........................................................................967 HR 961 --Ralph "Country" Brown Highway; designate .......................................984, 1036,
1358, 1447, 2203 HR 962 --Georgia State Museum and State Library
Study Commission; create .................................984, 1036, 1146, 1341, 2203 HR 963 --Graduate programs in education; urge Board
of Regents reexamine admission requirements...........................1034, 1093 HR 964 --Ad valorem tax; assessment on appeal; any
increase based on Consumer Price Index - CA...........................1035, 1093 HR 965 --Disabled adults; abuse by caretaker;
urge certain reporting.................................................l035, 1093, 1358, 1717 HR 966 --Lumpkin County; convey property ...................................1035, 1093, 1292, 1373 HR 967 --Hardy Durham Faulk, Sr., Memorial Bridge;
designate; Barber, Janette McGarity; place portrait in capitol.........................!035, 1093, 1358, 1431, 2388, 2553, 2796 HR 968 --Christian Minister's Alliance, Inc.; commend ................................................1015 HR 969 --Multi-Housing Outreach Ministry and staff of Evans Mill Place; commend .......................................................1015 HR 970 --Hall, Maud; commend........................................................................................l015 HR 971 --Mills, Richard Benjamin; condolences.............................................................1015 HR 972 --Quarterman, Detective Aaron; commend........................................................1015 HR 973 --Woods, Reverend Donnie R., Sr.; commend...................................................l015 HR 974 --Colquitt County High School 50th Regiment Band; commend...................l015 HR 975 --Adjournment; relative to.........................................................................1029, 1049 HR 976 --Hill, Bishop Albert; commend..........................................................................1015 HR 977 --Anderson, Alma; commend................................................................................1015 HR 978 --Strozier, Ruth; commend...................................................................................l015 HR 979 --Fluker, Nicholas "Nick" E.; commend............................................................1015 HR 980 --Initiative petition; power to enact or reject - CA................................1091, 1144 HR 981 --Joint Special Education Reform Committee; create...........................1092, 1144 HR 982 --Health care reform; urge elimination of pharmaceutical pricing discrimination.....................1092, 1144, 1928, 2064 HR 983 --Rules of House; amend Rule 7 ...............................................................1092, 1144 HR 984 --Joint Study Committee on Recreational River Use; create..............................................................................l092, 1144 HR 985 --Rules of House; amend Rule 37.............................................................1092, 1144 HR 986 --Museum of Aviation; urge designating building as Roy H. (Sonny) Watson, Jr., Building.....................ll43, 1198, 1413, 1519 HR 987 --Study Committee on Employee Training in the Construction Industry; create ........................................................1143, 1198 HR 988 --Rules of House; amend Rule 58.............................................................1143, 1198 HR 989 --Henry County School System; commend........................................................1116
HR 990 --Law, Geneva Wallace; condolences..................................................................1116
HR 991 --Snype, Raymond; condolences..........................................................................1116
HR 992 --Jackson, Dr. Prince A., Jr.; commend .............................................................1116
HR 993 --Silver Rights Manifesto; proclaim....................................................................H16
HR 994 --Bonnett, Neil; condolences................................................................................1116

INDEX

3059

HR 995 --The Gracious Ladies of Georgia; commend....................................................1116 HR 996 --Fabiani, Rozell Fair; commend.........................................................................1117 HR 997 --Roberts, Linda Phillips; commend...................................................................lll7 HR 998 --Smith, William C.; commend............................................................................1117 HR 999 --Cogdell, Leslie C.; commend.............................................................................1117 HR 1000 --Breedlove, Dorothy Jackson; commend...........................................................1117 HR 1001 --Richmond County; convey property .......................1092, 1144, 1292, 1373, 1433 HR 1002 --Chatham County and Gwinnett County;
lease property..........................................1143, 1198, 1292, 1453, 2091, 2355 HR 1003 --Barrow County; lease property................................H97, 1310, 1451, 1601, 2432 HR 1004 --Hephzibah High School students and teachers; commend ..........................1177 HR 1005 --Lockwood, Max; commend................................................................................1177 HR 1006 --Kendrick, Rev. James C., Sr.; commend.........................................................1177 HR 1007 --Odyssey Family Counseling Center; commend ..............................................1177 HR 1008 --McEachern High School wrestling team; commend......................................1177
HR 1009 --Pardon or parole; sentencing judge accept or reject - CA....................................................................................1197, 1310
HR 1010 --Special zoning districts; authorize counties to create - CA.........................................................................1144, 1198, 1477
HR 1011 --Planned Parenthood; urge Department of Human Resources discontinue contract......................................................1197, 1310
HR 1012 --Grady County; convey property....................H98, 1292, 1310, 1373, 1801, 2014 HR 1013 --House Environmental Justice Study Committee; create....................!310, 1362 HR 1014 --National Health Unit Coordinators Day; recognize August 23 ...................1292 HR 1015 --Atlanta Mortgage Consortium; commend.......................................................1292 HR 1016 --Jackson High School Red Regiment Marching Band; commend................1292 HR 1017 --Pearson, Ms. Charlie Mae Littlejohn; condolences .......................................1292 HR 1018 --Legislative issues and policy; urge development
of annual forum................................................................................!310, 1362 HR 1019 --Byrd, Marcus; commend....................................................................................l344 HR 1020 --Hill, Col. Haines; invite to House................................................l323, 1422, 1433 HR 1021 --Institute of Community and Area Development of
the University of Georgia; commend.......................................................1344 HR 1022 --Brewster, Eddie Lee; commend........................................................................1344 HR 1023 --Woodruff, Emily; condolences ..........................................................................1345 HR 1024 --Thomas, Pastor Charles and Mary Lou; commend.......................................1345 HR 1025 --Burton, Nancy Mewborn; invite to House.................................1385, 1501, 1501 HR 1026 --Robert Lee Patten II Probation Boot Camp;
designate.................................................................................1421, 1480, 1501 HR 1027 --Georgia Youth Assembly; students selected
as officials; commend.................................................................................1412 HR 1028 --Cherokee Day Training Center, Inc.; commend.............................................l413 HR 1029 --Siemens Energy and Automation, Circuit Protection
and Controls Division, Canton Facilities; commend.............................1413 HR 1030 --Harbin, Gil; condolences....................................................................................1413 HR 1031 --Watts, Rubye Lee Dorothy James; commend................................................1413 HR 1032 --Georgia's Antiques Trail; recognize.......................................................1413, 1488 HR 1033 --Lively, Ralph Aford; commend.........................................................................1413 HR 1034 --Georgia Power Company; commend employees.............................................1413 HR 1035 --Barber, Janette McGarity; place portrait in capitol...................................... 1413 HR 1036 --Education; urge local boards adopt
anti-litter pledge ....................................................................1421, 1480, 1780
HR 1037 --Reginald Trice Parkway; designate ........................1421, 1477, 1480, 1622, 2432
HR 1038 --Propst, Chancellor H. Dean; invite to House............................1433, 1501, 1502
HR 1039 --Cherokee County Property Tax Structure
Study Committee; create.......................!422, 1480, 1597, 1684, 1688, 2039
HR 1040 --Elliott Family Parkway; designate ..............................................1422, 1477, 1480

3060

INDEX

HR 1041 --Georgia Agri-Leaders Forum; commend .........................................................1451 HR 1042 --Douglasville 1993 Mustangs; commend...........................................................1451 HR 1043 --Marks, Gene; condolences..................................................................................!451 HR 1044 --Crook, Lorianne and Charlie Chase; commend..............................................1451 HR 1045 --Flatt, Dr. William P.; invite to House........................................1472, 1977, 1979 HR 1046 --Crecine, President John Patrick; invite to House.....................1494, 1643, 1658 HR 1047 --Blount, Melvin Carnell; invite to House ....................................1495, 1815, 1815 HR 1048 --Lemon, J. W.; commend....................................................................................1612 HR 1049 --High Point Baptist Church; 100th anniversary; commend ..........................1612 HR 1050 --Mauldin, Betty; commend.................................................................................l612 HR 1051 --Dickinson, Keith; commend..............................................................................1612 HR 1052 --Mykkeltvedt, Roald Y., Ph.D.; commend .......................................................1612 HR 1053 --Korean War Veterans Association, Inc.; support...........................................1612
HR 1054 --Georgia's independent telephone companies and cooperatives; commend......................................................................1612
HR 1055 --Jackson, Lonnie; commend................................................................................1612 HR 1056 --Bryan County; 200th anniversary; recognize..................................................1613 HR 1057 --Alexander, Honorable Lamar; commend.........................................................1613 HR 1058 --Roberts, Honorable James C.; commend ........................................................1613 HR 1059 --Varner, Roy L.; commend..................................................................................l613 HR 1060 --Rushing, Nancy L'Bertie "Miss Bertie"; commend.......................................l613 HR 1061 --Causey, W. Jack; commend.....................................,.........................................1613 HR 1062 --Cobb County Chapter of the Association of
Ministers' Wives and Ministers' Widows Interdenominational; commend ...............................................................1613 HR 1063 --House Study Committee on combining Columbus Technical Institute and Columbus College; create.............................................................................!577, 1683,2026,2207 HR 1064 --Federal retirees; certain income taxes; urge refund............................1577, 1683 HR 1065 --Webb, Melvin R., Ph.D. and the Clark Atlanta University Prism-D Program; invite Dr. Webb and participants to House ........................................................................1613 HR 1066 --House State Emergency Management Study Committee; create.......................................................1682, 1749, 2409, 2724 HR 1067 --Adjournment; relative to.........................................................................1697, 1715 HR 1068 --Darnell, Emma I.; invite to House...................................................................1705 HR 1069 --Dawson, Rayford; commend..............................................................................l716 HR 1070 --Georgia's World War II veterans; commend ..................................................1716 HR 1071 --Beck, Julie; commend.........................................................................................l716 HR 1072 --Darnell, Emma L; commend.............................................................................1716 HR 1073 --Rish, Mr. and Mrs. Eldridge Marcellas; commend........................................1717 HR 1074 --Five Forks Middle School Scholars Bowl Team; commend......................... 1717 HR 1075 --Five Forks Middle School Academic Bowl Team; commend.......................l717 HR 1076 --Radloff, Louise; commend.................................................................................1717 HR 1077 --Wingate, Jack; commend...................................................................................1717 HR 1078 --Buck, Matt; invite to House.........................................................l759, 1977, 1979 HR 1079 --Cobb County Chamber of Commerce; commend...........................................l788 HR 1080 --Crews, Micah Ronson; commend......................................................................l789 HR 1081 --Shepherd, Albert "Buba", Sr.; condolences....................................................1789 HR 1082 --Holmes, Mrs. Odell; condolences......................................................,...............1789 HR 1083 --Byne Lady Saints basketball team; commend ...............................................1789 HR 1084 --Georgia State Games; recognize........................................................................!789
HR 1085 --Trion High School wrestling team and coach; commend.............................1789
HR 1086 --Marks, Gene; condolences..................................................................................!789
HR 1087 --Allison, David Carl "Davey"; condolences......................................................1789
HR 1088 --Spears, Frank G.; commend..............................................................................1789
HR 1089 --Mullins, Dr. Jim; commend...............................................................................!789

INDEX

3061

HR 1090 --Darden, Honorable George (Buddy); invite to House ........................1811, 1815 HR 1091 --Savannah St. Patrick's Day Parade Committee; commend.........................1816 HR 1092 --Thompson, Dr. Edwin Alfred; invite to House .........................1811, 2180, 2204 HR 1093 --James E. "Billy" McKinney Bridge; designate...............1794, 1931, 2090, 2723 HR 1094 --Slosheye Trail Big Pig Jig; recognize as Official
Barbecue Cooking Contest........................................................................1816 HR 1095 --City of Cortona, Italy; commend......................................................................l816 HR 1096 --McGrew, Edith L.; commend............................................................................l816 HR 1097 --Hazel, Reverend Alfred; commend...................................................................l816 HR 1098 --Wimberly, Robert; commend............................................................................1816 HR 1099 --Lay, Charlton Etrick Josh; commend..............................................................1816 HR 1100 --Smith, Johnny C.; commend.............................................................................l816 HR 1101 --Ellis, Ray; commend...........................................................................................l816 HR 1102 --Mountain Park Elementary School; commend ..............................................1816 HR 1103 --Camp Creek Elementary School; commend....................................................l816 HR 1104 --North Gwinnett High School; commend.........................................................l816 HR 1105 --Moreland, Thomas D.; commend.....................................................................1817 HR 1106 --Fulton County Multi-Service Center of the Georgia
Department of Children and Youth Services; recognize......................!817 HR 1107 --Tifton-Tift County Day; designate March 8, 1994........................................1817 HR 1108 --Joint Study Committee on Financial Security for
Retirement; create ...........................................................................2028, 2179 HR 1109 --Initiative petition; power to enact,
amend, or repeal - CA.....................................................................2028, 2179 HR 1110 --Conner, Jenny; commend ..................................................................................1978 HR 1111 --Chandler, Dr. Joyce; commend.........................................................................l978 HR 1112 --Webb, Melvin R., Ph.D. and the Clark Atlanta
University Prism-D Program; commend ................................................1978 HR 1113 --Georgia's veterans of foreign wars and conflicts; commend.........................1978 HR 1114 --Oliver, Honorable Clinton; commend..............................................................1978 HR 1115 --Owen, Sandra N.; commend..............................................................................!978 HR 1116 --Memorial Middle School Lady Seminoles
basketball team; commend .......................................................................1978 HR 1117 --Georgia Association of Black Elected Officials;
relative to mentoring program .................................................................1979 HR 1118 --Gooch, Honorable Glenn; commend ................................................................1979 HR 1119 --Joyner, Billy; commend......................................................................................l979 HR 1120 --Jenkins, Reverend Hoyt Edwin; commend.....................................................1979 HR 1121 --Hungeling, David; commend.............................................................................1979 HR 1122 --Rossoll, Harry; commend...................................................................................!979 HR 1123 --Randolph Southern School Lady Patriots
basketball team; commend .......................................................................1979 HR 1124 --Jones, Rhubarb; commend ................................................................................1979 HR 1125 --House Georgia Farmers' Markets Study Committee; create.............1930, 2028 HR 1126 --"Thaxton Lane"; designate avenue in
Little Ocmulgee State Park............................................................l979, 2203 HR 1127 --House Competitive Local Telephone Service
Study Committee; create............................................!931, 2028, 2180, 2721 HR 1128 --Murray County High School 1994 State Wrestling
Champions; commend................................................................................2057 HR 1129 --Muse, Kenneth Ray; commend.........................................................................2057 HR 1130 --Cason, Jim; condolences.....................................................................................2057
HR 1131 --Georgia School Food Service Association; commend ....................................2057
HR 1132 --Legislative Counsel, Office of; commend editorial staff ...............................2057
HR 1133 --Georgia Save Outdoor Sculpture; commend...................................................2057
HR 1134 --Pafford, Honorable Robert C. "Bobby"; commend.......................................2057
HR 1135 --Cowart, Lillie Mae; commend...........................................................................2058

3062

INDEX

HR 1136 --Morgan, Willie Mae; commend.........................................................................2058 HR 1137 --Frank, Sherry; commend ...................................................................................2058 HR 1138 --Athens Christian School; 1991-94 Golden Eagles
boys sports teams; commend....................................................................2058 HR 1139 --Athens Christian School; 1991-93 Lady Eagles
sports teams; commend.............................................................................2058 HR 1140 --Thaxton, Henry Frank family; commend .......................................................2058 HR 1141 --Topmiller, E. B., Sr.; condolences....................................................................2058 HR 1142 --Atlantic Bridges performers; commend...........................................................2058 HR 1143 --Kaufmann, Dr. James A.; commend................................................................2058 HR 1144 --McAllister, Angela Leigh; commend................................................................2058 HR 1145 --Emberson, Thomas Dorsey; commend ............................................................2058 HR 1146 --Soback, James Stanton; commend...................................................................2058 HR 1147 --Weldon, Thomas Darrell, Jr.; commend .........................................................2058 HR 1148 --Nude dancing establishments; urge local
governments to enact regulatory measures............................................2156 HR 1149 --Bailey, Col. L. R. "Bob"; commend.................................................................2059 HR 1150 --Calvary Children's Home; commend................................................................2059 HR 1151 --McKee, Gary; commend.....................................................................................2059 HR 1152 --Vinings Civic Club; commend...........................................................................2059 HR 1153 --Brooks, Charles P.; condolences.......................................................................2059 HR .1154 --Johnny Griffith Day in Georgia; proclaim May 9, 1994...............................2059 HR 1155 --Ricketts, Mr. and Mrs. Charles; commend.....................................................2059 HR 1156 --Rules of the House; amend Rule 11.................................................................2204 HR 1157 --State Planning and Community Affairs Committee; commend staff.........2241 HR 1158 --Evans High School Band; commend................................................................2241 HR 1159 --Lakeside High School Band; commend...........................................................2241 HR 1160 --Goggans, Briggs and Bette; commend.............................................................2241 HR 1161 --Gifford, Major William; recommend induction into
Georgia Aviation Hall of Fame................................................................2241 HR 1162 --Board of Regents, University System of Georgia;
Outstanding Scholars on Academic Recognition Day; commend .......2241 HR 1163 --Shafer, David J.; commend ...............................................................................2241 HR 1164 --Honorary Commanders Association; commend..............................................2241 HR 1165 --King, Walter, commend.....................................................................................2241 HR 1166 --Temple, Melba; commend .................................................................................2241 HR 1167 --Dove, Julia Jeanette "Jenna"; commend ........................................................2241 HR 1168 --WTOC Television in Savannah; 40th anniversary; commend .....................2242 HR 1169 --Robinson, Earl C.; commend.............................................................................2242 HR 1170 --Republic of China on Taiwan; recognize
relationship with Georgia and participation in international community...........................................................................2242 HR 1171 --Jeff Davis County Midget Boys baseball team; commend...........................2242 HR 1172 --Altamaha Regional Development Center and the Altamaha Area Agency on Aging; commend staff.................................2242 HR 1173 --Bradshaw, Mayor Charles; commend ..............................................................2242 HR 1174 --State and local government; Civil Rights Act of 1994 - CA ........................2409 HR 1175 --House Title Insurance Regulation Study Committee; create ......................2409 HR 1176 --Postsecondary technical schools; oppose transfer of authority to Board of Regents..................................................2179, 2409 HR 1177 --Georgia Hi Tech Alliance; commend...............................................................2434 HR 1178 --Adams, John W.; condolences...........................................................................2434
HR 1179 --Cole, Bobby Joe; condolences...........................................................................2434
HR 1180 --Valdosta High School Wildcats basketball team; commend........................2435
HR 1181 --Jessup, Honorable Ben, Doorkeeper, and the
Assistant Doorkeepers of the House; commend....................................2435
HR 1182 --Sequoyah High School Lady Chiefs basketball team; commend ................2435

INDEX

3063

HR 1183 --Curtis, Martha; commend..................................................................................2435 HR 1184 --Aultman, Robert; commend..............................................................................2435 HR 1185 --Alpha Lambda Chapter of Alpha Omicron Pi; commend............................2435 HR 1186 --Wilson, Ms. Verdell Flood; commend..............................................................2435 HR 1187 --Nelson, Floyd; commend....................................................................................2435 HR 1188 --Dye, John Wesley; commend ............................................................................2435 HR 1189 --Holland, Katie Elizabeth; commend................................................................2435 HR 1190 --Mount Zion Baptist Church Building of Albany; recognize.........................2435 HR 1191 --Skinner, Myron J.; commend............................................................................2435 HR 1192 --Union County High School Lady Panthers
basketball team; commend .......................................................................2436 HR 1193 --The Family Wellness Center; Glenn Parkman,
Mona Beth Parkman, and the volunteers; commend...........................2436 HR 1194 --Taylor, Warren Hamilton; commend...............................................................2436 HR 1195 --Frank, Sherry Z.; commend...............................................................................2436 HR 1196 --Gregor, Kenneth M.; commend........................................................................2436 HR 1197 --Nastopoulos Brothers; commend......................................................................2436 HR 1198 --Waldrop, Sheriff Tommy; commend................................................................2436 HR 1199 --McGee, Nelson, Jr., M.D., Ph.D., FACOG, FACS; commend......................2436 HR 1200 --Brown, Ronald E.; commend ............................................................................2436 HR 1201 --Cole, Dr. Thomas W., Jr.; commend................................................................2436 HR 1202 --Carithers, Helen; commend...............................................................................2436 HR 1203 --Miller, Kathie; commend...................................................................................2436 HR 1204 --Buchanan, Jack P., Sr.; commend....................................................................2437 HR 1205 --Treadway, Nancy Fowler; condolences............................................................2437 HR 1206 --Adams, Reverend John Quincy; commend .....................................................2437 HR 1207 --Bennette, Reverend Fred C., Jr.; condolences................................................2437 HR 1208 --"Georgia Blueberry Week"; recognize June 19-26, 1994,
and invite Mr. Georgia Rabbit Eye Blueberry to House.....................2437 HR 1209 --Georgia Public Health Laboratory; request
main office remain in Atlanta..................................................................2437 HR 1210 --Campbell, Milton; commend.............................................................................2437 HR 1211 --Coker, Gene V.; commend.................................................................................2437 HR 1212 --Gainesville High School girls 1993 basketball team; commend...................2437 HR 1213 --Northwest Whitfield High School Mock Trial team;
invite to House.................................................................................2437, 2437 HR 1214 --Hart County High School Lady Bulldogs basketball
team; commend...........................................................................................2438 HR 1215 --Winder-Barrow High School Lady Bulldoggs; commend.............................2438 HR 1216 --Mauldin, Archie Thomas; commend................................................................2438 HR 1217 --Kendrick, Alene Strickland Clanton; commend.............................................2438 HR 1218 --Jeff Davis County Midget Boys baseball team; commend...........................2438 HR 1219 --Wooten, Richard; commend..............................................................................2438 HR 1220 --McAlister, Robert; commend............................................................................2438 HR 1221 --Banks, Rosemary McBride; commend.............................................................2438 HR 1222 --Richards, Swannie; commend ...........................................................................2438 HR 1223 --Irvin, Honorable Thomas T.; commend..........................................................2438 HR 1224 --Merritt, John W.; commend..............................................................................2438 HR 1225 --Powell, Caletha; commend.................................................................................2438 HR 1226 --International Longshoremen's Association --
Local 1414; commend................................................................................2439 HR 1227 --Alien, Deacon Luther H.; commend ................................................................2439
HR 1228 --Wright, Julia M.; commend...............................................................................2439
HR 1229 --Russell, Scott; commend....................................................................................2439
HR 1230 --Temple of Prayer Church, Inc.; recognize ......................................................2439
HR 1231 --New Life Presbyterian Church; recognize.......................................................2439
HR 1232 --Spirit of Love Christian Center; recognize .....................................................2439

3064

INDEX

HR 1233 --Apostle Isaiah Revills; commend......................................................................2439 HR 1234 --Baker, Honorable Robert B. "Bobby", Jr.; commend...................................2439 HR 1235 --Williams, Arthur Kay; Albany City Commissioner; commend....................2439 HR 1236 --James Teague Memorial Praise Concert Day
in October, 1994; recognize .......................................................................2439 HR 1237 --Bailey, Preston T. "P. T.", Jr.; condolences...................................................2439 HR 1238 --Ringgold Tigers wrestling team and Coach Steve
McDaniel; commend..................................................................................2440 HR 1239 --Georgia Association of Black Elected Officials
(GABEO); express concern relative to health care reform..................2440 HR 1240 --Georgia Association of Black Elected Officials
(GABEO); support black businesses.......................................................2440 HR 1241 --Georgia Association of Black Elected Officials
(GABEO); relative to recommendations concerning children........................................................................................................2440 HR 1242 --Georgia Association of Black Elected Officials (GABEO); support efforts relating to violence and youth.....................................................................................................2440 HR 1243 --Tudor, Jim; commend........................................................................................2440 HR 1244 --Barber, Honorable Mac; commend ..................................................................2440 HR 1245 --Albany State College Rams and Coach Hampton Smith; commend..........2440 HR 1246 --Searles, Arthur Clarence; commend.................................................................2440 HR 1247 --Lakeview-Fort Oglethorpe High School basketball team; commend .......................................................................2440 HR 1248 --Rouse, Brandi Susan; commend.......................................................................2440 HR 1249 --Clarke, Honorable Harold G.; commend.........................................................2441 HR 1250 --Greater Piney Grove Baptist Church; commend...........................................2441 HR 1251 --Groover, Honorable Wilson P.; condolences...................................................2441 HR 1252 --Hawkins, Charles D.; commend........................................................................2441 HR 1253 --Witcher, Phillip Shane; commend....................................................................2441 HR 1254 --St. Peter's A.M.E. Church in Savannah; commend.......................................2441 HR 1255 --Smith, William Henry; condolences.................................................................2441 HR 1256 --Chambers, Charles A.; honor memory.............................................................2441 HR 1257 --Gordon Lee Memorial High School 1993 Lady Trojans softball team; commend .............................................................2441 HR 1258 --Portion of State Highway 112; urge naming Everett Floyd Dykes Highway .................................................................2441
HR 1259 --Overpass on State Highway 87; urge naming James Marion "Jimmy" Dykes Overpass...............................................2441
HR 1260 --Highway 87 Bypass in Cochran, Georgia; urge naming Ben Jessup Bypass.......................................................................2442
HR 1261 --Portion of State Highway 107; urge designation as Military Memorial Highway; veterans; commend............................2442
HR 1262 --Saxon, Frances; commend .................................................................................2442 HR 1263 --Saxon, Austin; commend ...................................................................................2442 HR 1264 --Perry, Emily; commend .....................................................................................2442
HR 1265 --Peppers, Anne S., Charles D. Hawkins, Jimmie L. Phillips, and William L. Thornton; commend ...................2442
HR 1266 --Tanner, Waide Poston; commend....................................................................2442 HR 1267 --Ferrari, Joseph; commend .................................................................................2442 HR 1268 --Wardlow, Floyd H., Jr.; commend ...................................................................2442 HR 1269 --Goss, Dr. Raymond; condolences......................................................................2442
HR 1270 --Kidd, Mr. and Mrs. William Layton; commend............................................2442
HR 1271 --Lawson, Honorable Robert William "Bobby"; commend.............................2443
HR 1272 --Gray, Gregory J.; commend...............................................................................2443
HR 1273 --Greater Savannah Black Tourism Network; commend ................................2443
HR 1274 --Lane, Honorable Dick; commend.....................................................................2443

INDEX

3065

HR 1275 --Colwell, Honorable Carlton; commend............................................................2443 HR 1276 --Cooper, John William "Bill"; commend..........................................................2443 HR 1277 --Fortner, Reverend Clyde Joseph; condolences...............................................2443 HR 1278 --Dougherty County; 12 middle and high school concert
bands; commend.........................................................................................2443 HR 1279 --Tudor, Jim; commend........................................................................................2443 HR 1280 --Crews, Hannah; commend.................................................................................2443 HR 1281 --Lockett, Bobby; commend.................................................................................2443 HR 1282 --Milledge, Ronjii; commend................................................................................2443

PART IV
SENATE BILLS IN HOUSE
SB 4 --Fair and Open Grants Act of 1993; enact..............................................No Action SB 5 --Budget estimates; five-year plans; Agency
Review Act; enact.............................................................................No Action SB 6 --Seat belts; children under age 16............................................................No Action SB 8 --Property; proposed state acquisitions
and leases; reports............................................................................No Action SB 10 --Water resources; conservation plans; water
conservation task force................................232, 233, 270, 1016, 2721, 2793 SB 12 --Firearms sales; records checks...................................................318, 741, 777, 879,
955, 1052, 2600, 2683, 2684 SB 20 --Dietitians Licensing Law; enact .................................................317, 500, 581, 726 SB 24 --Recreational bingo; provisions.................................................................No Action SB 27 --Driver's license; administrative suspension
for driving under the influence; first offense...............................No Action SB 31 --Grand juries; amend provisions; special judge
of the magistrate court; certain property sales......................................2177, 2282, 2433, 2491, 2597, 2599, 2752, 2798 SB 32 --Civil practice; dismissal of certain actions; time ..................................No Action SB 33 --Appeals; motion for new trial; time extension ..................................................763 SB 36 --Common-law marriage; prohibit after certain date..............................No Action SB 38 --Highways; weight of vehicle loads; compliance.....................................No Action SB 41 --Torts; certain voluntary services for public or private schools; liability.........................................935, 1777, 2042 SB 42 --School trespass; define offense............................................................446, 447, 480 SB 43 --Quality Basic Education Act; add certain goals ...................................No Action SB 47 --Motor vehicle insurance; glass replacement or repair..............................................................2025, 2288, 2598, 2617, 2642 SB 49 --Health and mental health; amend provisions .......................................No Action SB 52 --Commercial driver's license; operating vehicle without; penalties................................................................No Action SB 53 --Merit system; sick leave; provisions........................................................No Action SB 62 --Jury panels; civil actions; dollar amount.....................................!016, 1805, 1978 SB 63 --Domestic relations; certain actions; seminar .........................................No Action SB 64 --Open meetings; Pardons and Paroles Board; inspection of votes ...........................................................................No Action SB 65 --Peace Officer and Prosecutor Training Fund; certain annual disbursements.............................................No Action SB 71 --State flag; change design..........................................................................No Action SB 72 --Mandatory education; age requirement .................................................No Action SB 77 --Administrative procedure; hearings in contested cases...................................................................812, 816, 848, 1928 SB 82 --Firemen's Pension; definitions; vesting; certain tax exemption..................................917, 920, 945, 1146, 1701, 2043

3068

INDEX

SB 99 --Death investigations; definitions; medical examiner; notification ...........................................................1612, 1808, 2789
SB 100 --Lottery proceeds; appropriation for education; amend provisions......................................................813, 816, 848
SB 105 --Residential Security Deed Act; enact.....................................................No Action SB 106 --Mortgage lenders and mortgage brokers;
licensing provisions..........................................................................No Action SB 109 --Driver improvement clinics and DUI Alcohol or
Drug Use Risk Reduction Programs; courthouse use.................No Action SB 113 --Criminal procedure; suppression of evidence;
warrant unsupported by probable cause ......................................No Action SB 114 --Bingo; prizes; maximum amount.............................................................No Action SB 116 --Speed detection devices; eliminate certain restriction...................................2177 SB 119 --Driving under the influence; third or
subsequent conviction; publication ...............................................No Action SB 120 --Attorney representing local government;
service as part-time judge...............................................................No Action SB 121 --Firearms; possession while under influence
of alcohol or drugs; prohibitions..............................................................1708 SB 122 --Juvenile law enforcement records; inspection
by school officials.............................................................................No Action SB 127 --State symbols; designate English as
official state language...........................................................1211, 1211, 1310 SB 128 --Alcoholic beverages; prohibit open container
in possession of front-seat passenger in motor vehicle................................................................................No Action SB 135 --Asbestos Licensing Board; training requirement; certification................................................................No Action SB 141 --Motor fuel tax; compressed petroleum gas; gallon equivalent ..............................................................................No Action SB 143 --Home inspectors; definition; provisions...............................................72, 247, 816 SB 144 --Vernonburg, Town of; elections; amend provisions .................................327, 328 SB 148 --Paternity determination; genetic testing; child support......................No Action SB 149 --State agencies, schools, and employers; include term "multiracial" on forms requesting racial identification..................................................318, 494, 643 SB 150 --Juvenile delinquents; special alternative incarceration--probation boot camps; provisions.......................No Action SB 155 --Sandy Springs, City of; incorporate........................................................No Action SB 163 --Driving under the influence; chemical test; information arresting office required to provide ............................105, 330 SB 166 --Ad valorem tax; enterprise zones; class; General Assembly provide by local law........................................No Action SB 168 --Driver's license; certain minors; educational requirementa...........................................................................l371, 1371, 1422 SB 170 --Accident and sickness insurance; certain joint disorder; prohibit exclusion from coverage; exceptions ....................................................................443, 491, 594 SB 180 --Clayton County; state court judges; compensation....................l931, 1958, 2790 SB 185 --Clayton County; state court solicitor; compensation..........................................................................!931, 1959, 2790 SB 188 --Office of Planning and Budget; annual
continuation budget report; provisions.........................................No Action
SB 193 --Jury lists; composition; amend provisions .............................................No Action
SB 199 --Optometrist; nondiagnostic lasers;
prohibit use; certain pharmaceutical
agents; provisions for use..........................232, 233, 270, 283, 317, 454, 644

INDEX

3069

SB 203 --General Assembly; bills and resolutions; prefiling................................No Action SB 207 --State contracts; minority business participation ..................................No Action SB 209 --Mobile homes; transporting to another county; decal ...................................2026 SB 212 --Fulton County; state court; add judge...............................................638, 638, 767 SB 223 --Bad checks; present consideration; definition.......................................No Action SB 224 --Theft; misappropriation of a trade secret; define offense.............................2610 SB 226 --Georgia Reform Insurance Plan (GRIP); enact....................................No Action SB 232 --Stone Mountain Judicial Circuit; add judge .........................................No Action SB 237 --Controlled substances; forfeitures; disposition......................................No Action SB 242 --License plates; certain disabled veterans;
veterans' licenses; certain spouses...........................................55, 1699, 1801 SB 245 --Driver's license exemptions; persons
age 21 or over being trained by licensed driving instructor.....................................................................740, 1786, 2043 SB 250 --Public Service Commission; personnel; revise provisions; Utility Finance Section; establish..............................No Action SB 253 --Superior Court Judges Retirement; spousal benefits.........................................................................329, 331, 402, 473, 691 SB 259 --Walton County; board of education; districts.......................................No Action SB 260 --Privatization Review Act; enact ..............................................................No Action SB 261 --Conasauga Judicial Circuit; add judge ...................................................No Action SB 264 --Insurance; amend provisions....................................................................No Action SB 280 --Insurance brokers and solicitors; clarify certain references .............................................................................No Action SB 282 --Tax collectors and tax commissioners; minimum salary .....................No Action SB 287 --Private security guard; arrest powers.....................................................No Action SB 288 --Anti-motor Vehicle Hijacking Act of 1994; enact............................446, 447, 480 SB 296 --Ad valorem tax; assessments; amend appeal provisions......................No Action SB 299 --Housing authorities; tenant management organizations; contract....................................................995, 998, 1036, 1481 SB 307 --Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program..........................................No Action SB 312 --Clinical nurse specialist in psychiatric/mental health; provisions...............................................................................317, 1810 SB 314 --Alcoholic beverages; Sunday sales during certain hours; consumption on premises; coliseum authorities ................................................................519, 1904, 2788 SB 317 --Limousine carriers; Public Service Commission regulate .............................................................................216, 234, 1074, 2202 SB 321 --Atlanta, City of; council; amend provisions...........................................No Action SB 326 --Accident and sickness insurance; certain anti-cancer drug therapy; coverage ...............................................No Action SB 328 --State Tollway Authority; change name; amend provisions.................No Action SB 362 --Franklin County; board of commissioners; chairman's compensation................................................................No Action SB 363 --Franklin County; probate court judge; compensation..........................No Action SB 364 --Franklin County; superior court clerk; compensation..........................No Action SB 365 --Franklin County; tax commissioner; compensation..............................No Action SB 366 --Richmond County; certain juvenile services; transfer to state-wide service .........................................................No Action SB 367 --Special license plates; retired members of armed forces.....................No Action
SB 368 --State Defense Force; amend provisions..................................................No Action
SB 377 --Employees' Retirement; Lake Lanier Islands
Development Authority; membership..................949, 952, 985, 1146, 1724
SB 384 --Hall County; homestead exemption; certain residents ........................No Action
SB 386 --Macon Water Authority Employees' Plan;

3070

INDEX

amend provisions................................................273, 274, 293, 451, 690, 940 SB 387 --Powder Springs, City of; tax commissioner;
establish office..................................................................................No Action SB 394 -- Ad valorem tax; homestead exemption;
certain excess assessed value; certain residents.........................................................724, 726, 761, 1359, 2104, 2794 SB 395 --Schools; chronic disciplinary problem student; provisions ..................................766, 767, 808, 1780, 2473, 2610, 2618, 2798 SB 396 --Schools; moment of silent reflection; provisions..........................................995, 998, 1036, 1198, 1770, 1814, 2008,
2044, 2128, 2429, 2595, 2613, 2700, 2759, 2799 SB 399 --Sex offenders; registration; crime of failure
to register......................................................................H54, 1156, 1198, 2090 SB 401 --Handicapped parking; Purple Heart veterans
with special plate...............................................................813, 816, 848, 1578 SB 402 --Driver's license issuance; driver sign
certain pledge.........................................................................1209, 1212, 1310 SB 405 --Richmond County; homestead exemption;
certain residents..................................................!!?, 118, 232, 520, 524, 581 SB 406 --Driver's license suspension; certain minors;
driving under the influence........................................................592, 594, 636 SB 409 --Peace officers; include certain county
probation employees.........................................................404, 406, 443, 1814 SB 411 --Child support; noncompliance; limit issuance
of certain licenses..............................................................405, 406, 443, 1684 SB 412 --Evidence; photographs, movies, videos,
recordings; admissibility...................................................483, 485, 518, 2330 SB 413 --Insurance agents; definitions; certain
employees ...........................................................................329, 331, 402, 2610 SB 414 --Business licenses; exempt certain Olympic
and Paralympic persons ....................................232, 233, 270, 472, 768, 997 SB 415 --Coastal Georgia International and Maritime
Trade Center; provisions...............................295, 296, 325, 762, 1019, 1098 SB 416 --Drivers' licenses; free replacement; address
or name change.....................................405, 406, 443, 823, 1579, 1902, 2791 SB 417 --Driving under the influence; eliminate nolo
contendere plea............................................................................255, 274, 293 SB 418 --Driving under the influence; driver's license
suspension; amend provisions.....................484, 485, 518, 2177, 2569, 2791 SB 419 --Driving under the influence; persons under
age 21; blood alcohol content.....................................................2?3, 274, 293 SB 420 --Driving under the influence; defendant's
record; transmit to insurance company....................................405, 407, 443 SB 421 --Driving under the influence; jury trial
waiver; remand to lower court...................................................274, 274, 293 SB 425 --Utility contractors; licensing ...............................................................296, 296, 325 SB 427 --Budget planning; certain projects; privatization
feasibility.................................................................................!318, 1321, 1362 SB 432 --Hazardous waste; management costs and fees;
variances; cement kiln............................!096, 1098, 1144, 1684, 1804, 2201 SB 433 --Name change of minor; parental consent;
when not required .............................................................641, 644, 704, 2330
SB 434 --Professional counseling; licensing exemption;
community service boards...........................949, 952, 985, 1573, 1759, 2789
SB 436 --Schools; comprehensive evaluation; high-
achieving exemption; psychology services;
local fair share funds.......,...............................1593, 1594, 1683, 1928, 2470,

INDEX

3071

2611, 2630, 2631, 2638, 2770, 2798 SB 437 --Lottery for education; redefine educational
purposes and programs.........................................................1592, 1594, 1683 SB 438 --Courts; jurors; qualifications.....................................!486, 1490, 1578, 2177, 2249 SB 439 --Recreational bingo; operation by nonprofit
organizations..............................................................405, 407, 443, 986, 1851 SB 440 --School Safety and Juvenile Justice Reform
Act; enact.............................................484, 485, 518, 1744, 1820, 2057, 2141 SB 441 --Sentence Reform Act of 1994; enact.................................................524, 526, 589,
1928, 2071, 2429 SB 442 --Foster care parents; records check; potential
adoptive and foster parents; training programs ..........................................................641, 644, 704, 908, 1775, 2790 SB 443 --Mental health; transportation of certain patients ...............................................................................525, 526, 589, 1928 SB 444 --General Assembly; jointly sponsored bills and resolutions .............................................................................949, 952, 985 SB 446 --Determination of death; coroners and deputies.....................725, 726, 761, 1744 SB 448 --Certain boat safety violations; probate court jurisdiction ...............................................................525, 526, 589, 2330 SB 449 --Jails; certain inmates; good-time allowances ...................................525, 527, 589,
987, 2208, 2332, 2452, 2798
SB 451 --Interstate banking; amend provisions; bank holding companies ..........................................295, 296, 325, 908, 2444, 2794
SB 452 --Lottery proceeds; shortfall reserve subaccount; provisions ...................................................................641, 644, 704, 762, 1721
SB 454 --Public school employees; health insurance premiums; monthly installments..........................446, 447, 480, 2025, 2769
SB 455 --Superior Court Clerks Training Council; amend provisions...............................................................525, 527, 589, 2089
SB 456 --Superior court clerks; records; requirements .......................................1154, 1156, 1198, 1618, 1787, 2791
SB 457 --Agencies; proposed rules; General Assembly distribution ....................................................405, 407, 443, 1618, 1762, 2790
SB 460 --Criminal gang activity; add rape to Iist.......................................l428, 1429, 1480 SB 461 --Juvenile proceedings; hearings and records;
amend provisions...............................................................593, 594, 636, 2610 SB 462 --Handicapped parking monitors; prohibit
interference ................................................................446, 448, 480, 637, 2773 SB 463 --Vehicle emission inspection stickers; delete
display requirement..........................................................405, 407, 443, 1716 SB 464 --Work for Welfare Program; establish...............................................641, 644, 704,
1977, 2300, 2789 SB 465 --Family violence; protective orders; extension.........................641, 645, 704, 1928 SB 466 --Bailable offenses; family violence or protective
order violations; remove from schedule ...................................642, 645, 704 SB 467 --Family violence; hearing; time for holding........................................642, 645, 704
SB 468 --Day care; employee records check; alleged child abuser ..................................................................................814, 817, 848
SB 469 --Family and children services; county boards; amend provisions .............................................1154, 1156, 1198, 1481, 1849, 1975, 2128, 2222, 2223, 2628, 2799
SB 471 --Day-care facilities; prohibit smoking .........................................405, 407, 443, 908
SB 472 --Ad valorem tax; homestead exemption application
date; prohibit certain appraisers from serving
on board of tax assessors.............................525, 527, 589, 1037, 1806, 2794
SB 473 --Local boards of education; per diem;

3072

INDEX

medical and dental insurance..........................................850, 852, 913, 1928 SB 474 --Hellfire switches; prohibit.........................................................814, 817, 848, 2610 SB 484 --Textbooks and library books; property
of local administration......................................................851, 852, 913, 1780 SB 485 --Fair access to insurance requirements;
termination date................................................................446, 448, 480, 2025 SB 486 --Superior court clerks; appeal; collect fee
before filing........................................................................917, 920, 945, 2330 SB 487 --Highways; maximum speed limits; construction
sites......................................................................................525, 527, 589, 2610 SB 490 --Disability income insurance; preexisting
conditions ...........................................................................446, 448, 480, 2025 SB 492 --Child abuse protocol; adoption by
judicial circuit committee......................................918, 920, 945, 2330, 2777 SB 493 --State Children's Trust Fund and State
Children's Fund Commission; disbursements; repeal date.....................................................918, 920, 945, 1928, 2230, 2790 SB 494 --Peace officers; training; include crimes against children.................................................................918, 920, 945, 1744 SB 497 --Municipal elections; precincts; boundaries.............................950, 952, 985, 1977 SB 498 --Municipal probation officers; collection of delinquencies......................................................................950, 952, 985, 2330 SB 499 --Construction contractors; compliance bonds..............................1154, 1157, 1198 SB 500 --Fulton County; purchasing agent; powers ....................949, 953, 985, 1579, 1588 SB 505 --Taxicabs; self-insurers; mutual insurers; 8urplus............................................................814, 817, 848, 2025, 2726, 2791 SB 506 --Property tax amnesty program; provisions; conservation use property; certain transfers...................................725, 727,
761, 1359, 2094, 2429 SB 507 --Drivers' licenses; minors; valid to age 21 ..........................1046, 1049, 1093, 2025 SB 510 --Firearms at school functions; penalties;
forfeitures .....................................................................1368, 1371, 1422, 2090 SB 511 --Mental health; regional and community
boards; amend provisions............................950, 953, 985, 1306, 1764, 2201 SB 512 --Psychologists; licensing; amend provisions...............................................725, 727,
761, 985, 1717 SB 513 --Public schools; uniform grading system ......................................1484, 1490, 1578 SB 514 --Motor vehicle or trailer; security interest;
rental price.........................................................................642, 645, 704, 2089 SB 515 --Private schools; secondary credit for
postsecondary courses.......................................................766, 767, 808, 1780 SB 516 --Savannah-Chatham County; board of tax
assessors; repeal certain Act......................................592, 594, 636, 809, 812 SB 517 --Tattooing; minimum age; permit provisions;
local regulation........................................................918, 921, 945, 1684, 1989 SB 518 --Motor vehicle licensing, regulation, valuation,
titling; revenue commissioner; driver's licensing; learner's permits..........................642, 645, 704, 1579, 2120, 2792 SB 521 --Office of Sensory Affairs; create ...................................641, 646, 704, 1146, 2466,
2612, 2643, 2650, 2746, 2782, 2799 SB 524 --Cobb County; civil and criminal court;
solicitor general.....................................................993, 998, 1036, 1200, 1204
SB 525 --Music Hall of Fame Authority; subsidiary
corporations.............................................................642, 646, 704, 1477, 1785
SB 526 --Education; local boards; required vote; certain
personnel; criminal record checks; textbooks, library
books, and media material....................1486, 1491, 1578, 1780, 2003, 2201

INDEX

3073

SB 527 --Fish and fishing; amend provisions............................................725, 727, 761, 945 SB 528 --Special license plates; National Guard
and reservists; retirement ..........................................1047, 1049, 1093, 1716 SB 529 --Education; certain funding; minimum
requirements ................................................................1427, 1429, 1480, 1780
SB 530 --Apartments, houses, condominiums, motels, hotels, dormitories; smoke detectors; limited number free to persons in need ..........................1096, 1099, 1144, 1780, 2229, 2793
SB 533 --Fire safety standards; adoption by county or municipality...........................................................................995, 998, 1036
SB 534 --Ad valorem tax executions; issuance; recording.......................................................................1318, 1321, 1362, 2610
SB 535 --Juveniles; certain offenses; release from custody................................................................................950, 953, 985, 2089
SB 536 --Innkeepers; assigned rooms; provisions............................................642, 646, 704, 1684, 1981, 2202
SB 537 --Counties and boards of education; designated depositories........................................................1096, 1099, 1144, 1928, 2214
SB 538 --Guardians of minors; appointment by probate court judge....................................................................H55, 1157, 1198, 2089
SB 539 --Telephone service; access to live operator........................................950, 953, 985, 2025, 2220, 2791
SB 540 --Promotional contests; sponsors; bond requirements.......................918, 921, 945, 2089, 2447, 2598, 2614, 2642
SB 541 --Truth in Identification Protection Act; enact......................................1047, 1049, 1093, 2090
SB 542 --Glynn County; state court judge; compensation......................................484, 485, 518, 1036, 1039
SB 543 --Department of Transportation; county certification; tax proceeds................................................851, 852, 913, 1339
SB 544 --Conasauga Judicial Circuit; add judge.........................................1427, 1429, 1480 SB 546 --Property; materialmen's liens; notice of
commencement ..................................................................641, 646, 704, 2089 SB 547 --Special license plates; certain state commanders;
handicapped identification card; repeal certain minimum requirement...........................1047, 1049, 1093, 1716, 2066, 2791 SB 548 --Children and youth; placement; private family attention home............................................918, 921, 945, 1145, 1718 SB 549 --Uniform rules of the road; open container of alcohol in vehicle; testing of driver......................................950, 953, 985 SB 550 --Conyers, City of; council; districts.....................................................484, 485, 518,
1200, 1204, 1811, 1817 SB 551 --Sheriffs; qualifications; amend provisions........................................642, 646, 704,
1780, 2217, 2790 SB 552 --Medical assistance; long-term care patients;
personal needs allowance ...........................................1486, 1491, 1578, 1928 SB 553 --General Assembly, reapportion certain House
and Senate districts................................!097, 1099, 1144, 1307, 1780, 2043 SB 554 --Teachers; refusal to alter grade ...........................851, 852, 913, 1780, 1980, 2794 SB 555 --Family violence; bail; hearings; protective
orders; administrative hearing officers; paternity determination......................... 1047, 1049, 1093, 1928, 2158, 2789
SB 556 --Crimes and offenses; soliciting minor
to commit felony; penalties .............................................814, 817, 848, 2610
SB 558 --Juvenile proceedings; redefine unruly
child...............................................................................U55, 1157,1198, 1928
SB 559 --Convicted felon; juvenile court records to

3074

INDEX

superior court before sentencing...............................1155, 1157, 1198, 2330 SB 560 --Juvenile proceedings; community based risk
reduction programs...........................................!098, 1099, 1144, 2089, 2216 SB 561 --Appropriations; revenue shortfall reserve; increase;
midyear adjustment reserve; education..............................1209, 1212, 1310 SB 563 --Nursing homes; notification of impending
survey; penalties..........................................................1097, 1099, 1144, 1306 SB 564 --Taxes on insurers; counties and municipalities;
population determination............................814, 817, 848, 1200, 1697, 2793 SB 565 --Health care providers; patient self-referrals;
definitions; additional services; exemption.....................................851, 852, 913, 1306, 2116, 2794
SB 567 --Telemarketing; deceptive or abusive activities; prohibit.............................................!319, 1321, 1362, 1684, 2209
SB 568 --Firearms; possession at school functions; exemption from prohibition.............................................919, 921, 945, 1292
SB 569 --Geo. L. Smith II Georgia World Congress Center Authority; amend provisions.................................919, 921, 945, 1146, 1968
SB 570 --Counties and municipalities; federal community development block grants; expenditure of funds ..........................................................950, 953, 985, 2176, 2489, 2792
SB 571 --Animals; llama activities; limitation on civil liability.................................................................1155, 1157, 1198, 2610
SB 572 --Georgia and South Carolina boundary; survey and mapping..................................................919, 922, 945, 1292, 1982, 2792
SB 573 --Life insurance; convert group to term...............................................814, 817, 848 SB 574 --Motor vehicle accident; exchange of information;
police signal to stop; driver's license reinstatement; certain DUI program.............................815, 818, 848, 1579,
2105, 2389, 2465, 2495, 2620, 2663, 2799 SB 576 --Marijuana; certain violations; probate
court jurisdiction .........................................................1209, 1212, 1310, 2610 SB 579 --Motor vehicles; certain violations;
proof of financial responsibility ................................................815, 818, 848 SB 580 --Nonresuscitation orders; amend provisions ...............................1210, 1212, 1310,
1612, 1809, 2794 SB 581 --Appeals; dismissal; nonpayment; affidavit
of indigence..................................................................1210, 1212, 1310, 2089 SB 582 --Charitable solicitations; other than face
to face; requirements.............................................................1155, 1158, 1198 SB 583 --Firemen's Pension; volunteer firemen;
service credit ................................................................................951, 954, 985 SB 584 --Cobb County; community improvement districts;
ad valorem taxes.............................................640, 646, 704, 923, 2410, 2426 SB 585 --Gwinnett County; recorder's court; amend
provisions .......................................................640, 647, 704, 1684, 1686, 2795 SB 586 --Glynn County; coroner; nonpartisan election ...................................724, 727, 761 SB 587 --Glynn County; board of elections and
registration; provisions ...........................................724, 727, 761, 1036, 1039 SB 588 --Murray County Family Circle Authority; create ...................724, 727, 761, 2180 SB 589 --Black History Month; designate February annually .......................951, 954, 985 SB 591 --Housing Affordability Impact Note Act; enact..........................1592, 1594, 1683
SB 592 --Lifetime honorary hunting and fishing license;
disabled persons; hunting deer with crossbow...............................851, 853,
913, 945, 1719, 1801
SB 593 --Lottery proceeds; requests for appropriations;
require Iists...................................................................l319, 1321, 1362, 2176

INDEX

3075

SB 594 --Lottery; net proceeds; monthly transfers and reports...................................................................1210, 1213, 1310, 2025
SB 595 --Lottery proceeds and appropriations; budget report...............................................................1319, 1321, 1362, 2176
SB 597 --Pierce County; homestead exemption; certain residents...................................................................812, 818, 848, 2029, 2034
SB 598 --Pierce County; board of education; nonpartisan election....................................................................812, 818, 848
SB 599 --Pierce County; education districts.................................812, 818, 848, 2029, 2033 SB 600 --Pierce County; commissioner districts...............................................813, 818, 848 SB 601 --Boat Safety Act; amend provisions.............................................1368, 1371, 1422,
1578, 1969, 2789 SB 602 --State depositories; certain securities; collateral
to secure public deposits..................................!097, 1099, 1144, 1358, 1726 SB 604 --DeKalb County; recorder's court; traffic
fines.........................................................................993, 998, 1036, 1200, 1208 SB 606 .--"Clean Water Week" in Georgia; designate
third week in October annually............................851, 853, 913, 1016, 1980 SB 607 --Proposed local bills; notice of intention;
copy to governing authority.......................................!047, 1050, 1093, 1477 SB 608 --Erosion and sedimentation; land-disturbing
activity; amend provisions ........................................1484, 1491, 1578, 1643, 1684, 2113, 2391, 2562
SB 609 --Witnesses; husband and wife; when compellable to give evidence...........................................................1368, 1372, 1422, 2610
SB 611 --Charitable solicitations; law enforcement related organizations.............................................................1155, 1158, 1198
SB 613 --Drivers' licenses; insurance provisions; amend...........................1047, 1050, 1093 SB 616 --Clayton County; airport authority; create ............................................1485, 1491,
1578, 2180, 2181, 2790 SB 617 --Clayton County; state court; deposits for
advance costs...........................................................916, 922, 945, 1200, 1208 SB 618 --American Indian tribes; recognition; create
housing authorities ..........................................1210, 1213, 1310, 1684, 2046, 2222, 2323, 2599, 2616, 2739
SB 619 --Office of Planning and Budget; federal grant information system................................................................!319, 1321, 1362
SB 620 --Heard County; sheriff; compensation............................916, 922, 945, 1036, 1039 SB 621 --Heard County; probate court judge; compensation ................................916, 922,
945, 1036, 1039 SB 622 --Heard County; tax commissioner; compensation.....................................917, 922,
945, 1036, 1039 SB 623 --Heard County; superior court clerk;
compensation...........................................................917, 922, 945, 1036, 1039 SB 626 --Eminent domain; Petroleum Pipeline Study
Committee; create...................................!047, 1050, 1093, 1176, 1440, 1592 SB 627 --Health Planning Review Board; amend provisions.............................!210, 1213,
1310, 1612, 2099, 2791 SB 628 --Gwinnett County; homestead exemption................!046, 1050, 1093, 1684, 1687 SB 629 --Education; student records; parents' inspection .......................1428, 1429, 1480,
1780, 2060, 2389, 2667, 2683, 2700, 2767, 2799 SB 630 --Bonds and recognizances; sureties; amend
provisions.................................................1155, 1158, 1198, 2177, 2279, 2792
SB 633 --Canon, City of; new charter......................................!367, 1372, 1422, 2410, 2410
SB 634 --Dalton, City of; homestead exemption;
certain residents....................................................994, 998, 1036, 2180, 2194
SB 635 --Dalton, City of; homestead exemption;

3076

INDEX

certain residents....................................................994, 999, 1036, 2180, 2194 SB 636 --Murray County; family support centers................................994, 999, 1036, 2180 SB 637 --Frivolous actions; motion for attorney's
fees; time.......................................................................!591, 1594, 1683, 2089 SB 638 --Fulton County; board of education; vacancies ...........................1316, 1322, 1362 SB 640 --Chatham County; community improvement
districts; create........................................!689, 1692, 1749, 2180, 2193, 2795 SB 641 --Chatham County; recreation authority;
create........................................................1797, 1801, 1931, 2410, 2411, 2792 SB 642 --Professional counselors; licensing; amend
provisions .................................................1486, 1491, 1578, 2177, 2486, 2790 SB 643 --Cobb County; board of commissioners; districts.................................1426, 1430,
1480, 1794, 1796 SB 644 --Education; certification of personnel by
Professional Standards Commission; exception.........................1097, 1100, 1145, 1294, 1780, 2474
SB 645 --Code of Georgia; classification by population; repeal provisions..........................1591, 1594, 1683, 1744, 1906
SB 647 --Schools; migrant student grants.........................................l097, 1100, 1145, 1780 SB 648 --Family Caregiver Support Act; enact,.........................................1486, 1492, 1578,
1749, 2722, 2795 SB 651 --Remedies for Residents of Personal Care Homes
Act; enact.................................................!487, 1492, 1578, 2025, 2210, 2789 SB 653 --Fulton County; planning commission; repeal
constitutional amendment............................... 1208, 1213, 1310, 1931, 1960 SB 654 --Glynn County; homestead exemption; certain
residents .............................................................1095, 1100, 1145, 1481, 1483 SB 655 --Chatham County; commissioner districts...................................!095, 1100, 1145,
2237, 2263, 2792 SB 656 --Savannah, City of and Chatham County; education
districts.....................................................!095, 1100, 1145, 2237, 2271, 2792 SB 657 --Ethics in government; financial disclosure and
lobbyist reporting; amend provisions ................................1490, 1492, 1578, 2177, 2391, 2495, 2644
SB 659 --Tax receivers; certification of tax digest .....................................1591, 1594, 1683 SB 661 --Local Government Unfunded Mandate Procedures
Act;enact................................................................................l593, 1595, 1683 SB 664 --Cobb County-Marietta Water Authority; membership ......................1153, 1158,
1198, 1749, 1754 SB 665 --Marietta, City of; mayor pro tern; amend provisions .........................1153, 1158,
1198, 1749, 1754 SB 666 --Powder Springs, City of; corporate limits ............................................1153, 1158,
1198, 1749, 1754 SB 667 --Marietta, City of; board of lights and waterworks..............................H53, 1159,
1198, 2029, 2033 SB 668 --Counties; minutes of meetings; prohibit
purchase of certain property in adjoining county.......................................................1591, 1595, 1683, 2090, 2205, 2794 SB 669 --Propane dealers; exempt from certain regulations; conditioned air contractor or plumber; bond provisions.......................................!591, 1595, 1683, 2089, 2607, 2793 SB 671 --Fire Department Reimbursement Act; enact..............................!369, 1372, 1422
SB 673 --Health Care Provider Act; enact..................................................1487, 1492, 1578
SB 674 --Driving under the influence; persons under
age 21; blood alcohol content...............................................!429, 1430, 1480
SB 675 --Glynn County; commissioner districts ....................1316, 1322, 1362, 1481, 1483
SB 676 --Superior Court Clerk's Cooperative Authority;

INDEX

3077

membership.............................................1428, 1430, 1480, 1928, 2117, 2788 SB 677 --Ellijay-Gilmer County; water and sewerage
authority; compensation ..................................1316, 1322, 1362, 1422, 1425 SB 678 --Appling County; homestead exemption; certain
residents..................................................................................l317, 1322, 1362 SB 679 --Alpharetta, City of; municipal court.......................1317, 1322, 1362, 1931, 1960 SB 680 --Elections; plurality vote; exception;
straight party voting ..............................1489, 1492, 1578, 1716, 1990, 2202 SB 682 --Forsyth County; homestead exemption ..................1317, 1322, 1362, 2597, 2622 SB 683 --Bacon County; homestead exemption; certain
residents..................................................................................1317, 1323, 1362 SB 684 --Brantley County; homestead exemption;
certain residents.....................................................................l317, 1323, 1362 SB 687 --Mclntosh County; commissioners; amend provisions................1367, 1372, 1422 SB 691 --Glynn County; magistrate court; chief magistrate ..............................1367, 1372,
1422, 1481, 1588 SB 692 --Charlton County; commissioner districts..............................................!367, 1372,
1422, 1749, 1755 SB 693 --Charlton County; education districts ......................1367, 1373, 1422, 1749, 1755 SB 694 --Domestic stock insurance companies; preferred
stock; authorize issuance.................................. 1487, 1492, 1578, 1789, 2002 SB 696 --Revolving accounts; application of payments;
written agreement.............................................1487, 1493, 1578, 1683, 1907 SB 698 --Hazardous waste sites; public debt to correct;
Environmental Protection Division request......................1591, 1595, 1683 SB 699 --Wayne County; homestead exemption; certain
residents..................................................................................!426, 1430, 1480 SB 700 --Glynn County; homestead exemption; certain
residents..................................................................................!426, 1430, 1480 SB 702 --Troup County; state court judge..............................!485, 1493, 1578, 1749, 1754 SB 703 --Morrow, City of; homestead exemption; increase................................1485, 1493,
1578, 2029, 2034
SB 704 --Genetic testing; prohibit disclosure; exceptions.....................................................................l591, 1595, 1683, 2177
SB 705 --Appling County; chief magistrate; nonpartisan election.....................................................1485, 1493, 1578, 2410, 2422, 2795
SB 706 --Appling County; board of education; nonpartisan election.....................................................1485, 1493, 1578, 2410, 2423, 2795
SB 707 --Appling County; probate court judge; nonpartisan election.....................................................1485, 1493, 1578, 2410, 2423, 2795
SB 708 --Muscogee County; state court judges; compensation..........................1485, 1493, 1578, 1684, 1687
SB 710 --Lottery proceeds; disposition; continuation of projects...........................,..........1593, 1596, 1683, 1928, 2111, 2332, 2733
SB 711 --Lottery proceeds; scholarship shortfall reserve subaccount .........................................................1593, 1596, 1683, 2025, 2732
SB 713 --Pierce County; state court judge and solicitor; compensation.....................................................1590, 1596, 1683, 1931, 1960
SB 716 --Atlanta, City of; fraud, waste, and abuse complaints...............................................................................l798, 1801, 1931
SB 720 --Wayne County; board of education; compensation.............................!798, 1802, 1931, 2410, 2424
SB 721 --Forsyth County; board of commissioners; vacancies...........................1755, 1759,
1794, 2180, 2193
SB 723 --Whitfield County; education districts...................................................1961, 1966,
2028, 2496, 2551
SB 724 --Whitfield County; commissioner districts ............................................1961, 1967,

3078

INDEX

2028, 2496, 2551 SB 725 --Whitfield County; intake and probation
services; transfer ....................................................................1961, 1967, 2028 SB 726 --Talbot County; deputy sheriffs; compensation....................................1965, 1967,
2028, 2180, 2193 SB 727 --Gwinnett County; education districts .....................2043, 2044, 2179, 2410, 2424 SB 728 --Gwinnett County; commissioner districts.............................................1966, 1967,
2028, 2410, 2425 SB 729 --Villa Rica, City of; mayor and council; terms ............................1966, 1967, 2028 SB 730 --Cobb County; sheriffs staff; compensation..........................................2043, 2045,
2179, 2410, 2425 SB 731 --Cobb County; tax commissioner and staff;
compensation.....................................................2043, 2045, 2179, 2410, 2425 SB 732 --Cobb County; juvenile court judges; compensation ............................2043, 2045,
2179, 2410, 2425 SB 733 --Houston County; board of education; reconstitute.............................2044, 2045,
2179, 2410, 2425

PART V
SENATE RESOLUTIONS IN HOUSE
SR 5 --Elected officials of state; term limitations - CA...................................No Action SR 6 --Tax or fee; law providing for increase;
required vote - CA...........................................................................No Action SR 9 --Office of Planning and Budget; develop
plan to downsize government.........................................................No Action SR 37 --Joint Committee on State and Local
Bonded Indebtedness; create..........................................................No Action SR 93 --Commission on the Certification of Automobile
Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops; create .........................No Action SR 107 --Raffles by nonprofit organizations; provisions - CA..............................986, 1698 SR 173 --Global warming and air pollution; relative to.......................................No Action SR 203 --Regional facilities development; counties and municipalities share ad valorem tax proceeds - CA.....................1359, 2062, 2144, 2152, 2238, 2317, 2645, 2799 SR 206 --Ad valorem tax; enterprise zones; certain tax treatment; General Assembly provide by law - CA ..............................2026 SR 210 --John Marshall Law School; commend....................................................No Action SR 228 --General Ron Griffith Highway; designate..............................................No Action SR 248 --Clark Harrison State Office Building; designate..................................31, 55, 445 SR 372 --Notify House; Senate convened.............................................................................30 SR 385 --Local government incurring certain debt without referendum; prohibit - CA ................................951, 954, 985, 1481 SR 386 --Ward Edwards Bridge; designate.....................................526, 527, 589, 809, 1975 SR 391 --Commission on Minority Health Improvement; create.......................................................................................1156, 1159, 1198 SR 392 --Courts; separate maintenance cases; venue - CA....................................................................1370, 1373, 1422, 2610 SR 395 --Violent crimes; mandatory minimum sentences; certain persons; life without parole - CA........................................526, 527,
589, 1618, 1985, 2430 SR 407 --Ad valorem tax exemption; certain low-income
housing - CA......................................................................447, 448, 480, 1359 SR 413 --Education; percentage of state budget;
limit - CA................................................................................1320, 1323, 1362 SR 426 --Georgia State Cotton Museum and Dooly
County Welcome Center; official state Cotton Museum.......................................................643, 647, 704, 1292, 1705 SR 453 --T. P. Ramsey Bridge; designate .....................................852, 853, 913, 1036, 1727 SR 456 --State Commission on Judicial Compensation; General Assembly create by law - CA................................1490, 1494, 1578 SR 462 --Fulton County; convey property......................................766, 767, 808, 987, 2119

3080

INDEX

SR 463 --Mclntosh, Tattnall, Gwinnett, Glynn, and Banks counties; grant easement .....................766, 768, 808, 987, 2119
SR 467 --Fulton, Walker, Miller, Dawson, Baldwin, Bibb, and Dougherty counties; grant easement..........................................................766, 768, 808, 987, 2156, 2795
SR 469 --Whitfield County; lease property.....................................766, 768, 808, 987, 1763 SR 470 --Chattooga County; convey property......................766, 768, 808, 987, 2112, 2796 SR 485 --Joint Rhodes Memorial Hall Study Committee;
create........................................................1211, 1213, 1310, 1481, 1818, 2793 SR 500 --Whitfield County; convey property.........................1211, 1213, 1310, 1579, 1764 SR 501 --Adjournment; relative to..............................................................................778, 802 SR 502 --Garland T. Byrd Bridge; designate .........................1211, 1214, 1310, 1358, 1727 SR 509 --Island property; removal from certain
industrial area - CA....................................................1428, 1430, 1480, 2025 SR 512 --Joint Study Committee on Environmental
Education; create...................................................................!428, 1431, 1480 SR 516 --Martin Luther King, Jr., Boulevard; designate...................................1211, 1214,
1310, 1815, 2094 SR 517 --Federal tax imposition; effective date;
United States Constitutional convention................,..........1489, 1494, 1578 SR 519 --Rabun and Habersham counties; convey property .............................1211, 1214,
1310, 2124, 2469
SR 522 --Walter Kelly, Jr., Bridge and Hardy Durham Faulk, ST., Memorial Bridge; designate.......................................!592, 1596, 1683, 1815, 2109, 2430
SR 531 --Health care services; certain contracts; General Assembly authorize - CA.......................................1488, 1494, 1578
SR 546 --Hazardous waste sites; authorize debt to correct - CA.......................................................................1592, 1596, 1683
SR 547 --Grady County; convey property.....................!490, 1494, 1578, 2124, 2730, 2793 SR 548 --Richmond County; convey property..................................1490, 1494, 1578, 1579 SR 561 --Robert Lee Patten II Probation Detention
Center; designate....................................1593, 1596, 1683, 1815, 2045, 2796 SR 563 --Adjournment; relative to..........................................................................1371, 1384 SR 600 --Adjournment; relative to..........................................................................1814, 1900